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Research in Law and Law & Society New Titles and Key Backlist 2011

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Welcome to Routledge

Research in Law and Law & Society New Titles and Key Backlist 2011

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contents Company and Commercial Law . . . . . . . . 1

Land Property and Planning . . . . . . . . . . 46

Comparative Law and Legal Systems . . . . 5

Law, Geography and the Environment . . 47

Contract and Tort Law . . . . . . . . . . . . . . . 6 Criminal Law and Evidence. . . . . . . . . . . . 7

Law, Globalization and International Development . . . . . . . . . . . . . . . . . . . . 49

Criminology and Governance. . . . . . . . . 10

Law Media and Culture . . . . . . . . . . . . . 54

Economic and Financial Law. . . . . . . . . . 16

Law, Information and Technology. . . . . . 55

European Law. . . . . . . . . . . . . . . . . . . . . 20

Legal Theory. . . . . . . . . . . . . . . . . . . . . . 56

Family Law. . . . . . . . . . . . . . . . . . . . . . . 22

Medical Ethics and Healthcare Law. . . . . 69

Gender and Sexuality. . . . . . . . . . . . . . . 23

Law and Religion . . . . . . . . . . . . . . . . . . 73

Human Rights. . . . . . . . . . . . . . . . . . . . . 25

Social Policy . . . . . . . . . . . . . . . . . . . . . . 75

Intellectual Property . . . . . . . . . . . . . . . . 32

Journals . . . . . . . . . . . . . . . . . . . . . . . . . 77

International Law. . . . . . . . . . . . . . . . . . 33

Routledge Paperbacks Direct. . . . . . . . . . 79

International Relations, Politics and Law . . . . . . . . . . . . . . . . . . 39

Index . . . . . . . . . . . . . . . . . . . . . . . . . . . 80 Order Form. . . . . . . . . . . . Back of Catalog

Labour and Employment. . . . . . . . . . . . . 45

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c o m pa n y a n d c o m m e rc i a l l aw

Company and Commercial Law NEW

Corporate Social Responsibility, Human Rights and the Law Multinational Corporations in Developing Countries Olufemi Amao, Brunel University, UK Series: Routledge Research in Corporate Law This book considers the legal control of multinational corporations (MNCs) for violations of human rights from a developing country’s perspective, examining the role for corporate social responsibility (CSR) in regulating the conduct of MNCs. The book uses the case study of Nigeria which is host to major MNCs from the EU and the US, to show that the CSR concept is currently insufficient to deal with externalities emanating from MNCs‘ operations including human rights violations. The book goes on to argue that whilst control of MNCs involves regulation at the international level, more emphasis needs to be placed on possibilities at home States and host States where there are stronger bases for the control of corporations. It examines possibilities in the European Union, exploring ways in which the EU can ensure that MNCs from its territory do not violate human rights when operating abroad. Selected Contents: 1. Historical Background to Multinational Corporations, States and International Regulation 2. Corporate Social Responsibility and its Relationship to Law 3. A Case Study: The Nigerian Legal and Institutional Framework and the Control of Multinationals 4. The African Regional Human Rights System and Multinational Corporations: A State Responsibility Approach to the Control of Multinational Corporations 5. The European Union and Corporate Responsibility in Vulnerable States 6. The Foundation for a Global Law for Multinational Corporations May 2011: 234 x 156: 256pp Hb: 978-0-415-59785-2: £75.00 For more information, visit: www.routledge.com/9780415597852

NEW

Rethinking Corporate Governance The Law and Economics of Control Powers Alessio Pacces, Erasmus University, the Netherlands Series: Routledge Research in Corporate Law This book takes a comparative law and economics approach to the study of corporate governance. It looks at the overall impact of corporate law on separation of ownership and control across different jurisdictions, taking into account the contributions of economic theory, empirical research, and comparative corporate law to the analysis of corporate governance. This book reappraises the existing framework for economic analysis of corporate law. The standard approach to the legal foundations of corporate governance is based on the ‘law matters’ thesis, according to which corporate law promotes the separation of ownership and control by protecting minority shareholders from expropriation. Rethinking Corporate Governance takes a broader perspective on the economic and legal determinants of corporate governance. It shows that investor protection is a necessary, but not sufficient, legal condition for efficient separation of ownership and control. Supporting control powers vested in managers or controlling shareholders is at least as important as protecting investors from their abuse. Corporate law does not only matter in the last respect; it matters in both. Selected Contents: Part 1: Theory and Evidence on Corporate Law and Economics 1. Corporate Governance: Players and Problems 2. Comparative Corporate Governance: Facts 3. Agency Costs and Incomplete Contracts: Theory 4. Comparative Institutional Analysis: ’Law Matters’ Part 2: Rethinking Law ’Matters’ in a Theory of Private Benefits of Control 5. ’Law Matters’ Revisited: Private Benefits of Control 6. Control Matter Too: A Tale of Two Missions for Corporate Law Part 3: Corporate Law and Economics Revisited 7. Legal Distribution of Corporate Powers 8. Laws of Conflicted Interest Transactions I: Functional Analysis 9. Laws of Conflicted Interest Transactions II: Comparative legal Analysis 10. Regulation of Control Transactions I: Legal and Economic Framework 11. Regulation of Control Transactions II: How it is, How it Should be June 2011: 234 x 156: 432pp Hb: 978-0-415-56519-6: £95.00 For more information, visit: www.routledge.com/9780415565196

NEW

Merger Control in Europe The Gap in the ECMR and National Merger Legislations Ioannis Kokkoris, Office of Fair Trading, UK Series: Routledge Research in Competition Law This book addresses the phenomenon of mergers that may result in non-coordinated effects in oligopolistic markets. Such cases are sometimes referred to as ’non-collusive oligopolies’, or ’gap cases’ and there is a concern that they might not be covered by the substantive test that some Member States use for merger assessment. Ioannis Kokkoris examines the argument that the European Community Merger Regulation (Regulation 4064/89) did not capture gap cases and considers the extent to which the revised substantive test in Regulation 139/2004 deals with the problem of non-collusive oligopolies. The author identifies actual examples of mergers that gave rise to a problem of non-coordinated effects in oligopolistic markets, both in the EU and in other jurisdictions, and analyses the way in which these cases were dealt with in practice. The book considers legal systems such as United Kingdom, United States, Australia and New Zealand. The book investigates whether there is any difference in the assessment of non-collusive oligopolies between the various substantive tests which have been adopted for merger assessment in various jurisdictions. Selected Contents: Introduction 1. European Community Merger Regulation – Council Regulation (Ec) No 4064/89 2. The New European Community Merger Regulation – Council Regulation (Ec) No 139/2004 3. Merger Assessment and The Legal Substantive Test: Quantitative Methods in Merger Analysis 4. Mergers Leading to Non-Coordinated Effects in Oligopolistic Markets 5. Event Studies in Assessing the Gap 6. Market Structure – Assessment Criteria of Gap Cases August 2010: 234 x 156: 320pp Hb: 978-0-415-56513-4: £80.00 eBook: 978-0-203-84672-8 For more information, visit: www.routledge.com/9780415565134

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International Commercial Arbitration and the Arbitrator’s Contract Emilia Onyema, School of Oriental and African Studies, University of London, UK Series: Routledge Research in International Commercial Law This book examines the formation, nature and effect of the arbitrators’ contract, addressing topics such as the appointment, challenge, removal and duties and rights of arbitrators, disputing parties and arbitration institutions. The arguments made in the book are based on a semi-autonomous theory of the juridical nature of international arbitration and a contractual theory of the legal nature of these relationships. From these premises, the book analyses the formation of the arbitrator’s contract in both ad hoc and institutional references. It also examines the institution’s contract with the disputing parties and its effect on the arbitrator’s contract under institutional references. The book draws from national arbitration laws and institutional rules in various jurisdictions to give a global view of the issues examined in it. The arbitrator’s contract is analysed from a global perspective of arbitral law and practice with insights from various jurisdictions in Africa, Asia, Europe, North and South America. Selected Contents: Introduction 1. Arbitration Agreement 2. Juridical and Relationship Theories 3. Parties to the Arbitrator’s Contract 4. Formation of the Arbitrator’s Contract 5. Terms of the Contracts 6. Remedies 7. Termination of the Contracts February 2010: 234 x 156: 280pp Hb: 978-0-415-49278-2: £80.00 eBook: 978-0-203-85991-9 For more information, visit: www.routledge.com/9780415492782

The Internationalisation of Competition Rules Brendan J. Sweeney, Monash University, Australia Series: Routledge Research in Competition Law The widespread move towards more market-driven models of political economy combined with the expanding internationalisation of business and commerce has led to a series of proposals for global competition rules. To date these proposals have been hotly contested. The purpose of this book is to investigate in some depth whether there is a rational foundation for pursuing international competition rules, and what form these laws should take. The book takes examples from existing competition laws around the world, in particular the US and the EU both of which have a long history of enforcing established competition rules. Selected Contents: Part 1: Introduction 1. Introduction Part 2: The Nature and Importance of Anti-Competitive Activities 2. Private Trade Barriers 3. Export Cartels 4. International Cartels 5. International Single Firm Conduct Part 3: Application of Existing Measures to Anti-Competitive Conduct 6. Unilateralism 7. Cooperation 8. WTO Rules 9. Solutions 2009: 234 x 156: 448pp Hb: 978-0-415-46079-8: £85.00 eBook: 978-0-203-87233-8 For more information, visit: www.routledge.com/9780415460798

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company and commercial law

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NEW

NEW

Merger Control in Post-Communist Countries

The Political Determinants of Corporate Governance in China

EC Merger Regulation in Small Market Economies

Chenxia Shi, Monash University, Australia

Jurgita Malinauskaite, Brunel University, UK

Corporate governance is currently an issue of both theoretical and practical significance in China, as it affects the development of China’s securities market and market players as well as China’s participation in the economic globalisation and the world’s legal order. In recent years China has taken initiatives to follow international trends to develop its corporate governance regime.

Series: Routledge Research in Competition Law This book provides a critical analysis of merger control regimes in the former socialist countries with small market economies, looking at the unique challenges facing these economies. Questions will be asked as to what extent these countries have had to follow dictation from the EU and whether this implementation of EU merger control rules has been justified from the point of view of these countries’ economic situations. The book will analyse the merger control regimes in Estonia, Latvia and Lithuania, Slovenia and Slovakia. However, reference will be made to other small market economies of the EU including Cyprus, Ireland, Luxembourg and Malta in order to evaluate the particular difficulties the former socialist countries with small market economies have had in the implementation and further development of merger control rules. Selected Contents: 1. Introduction 2. Economic Approach Towards Mergers: Small Market Economies 3. Legal Approach Towards Mergers: EC Merger Control Rules and Policy 4. Merger Control Regimes in the Baltic Countries 5. Merger Control Regimes in Slovakia and Slovenia 6. Merger Control Regimes in other Member States of the EU with Small Market Economies October 2010: 234 x 156: 280pp Hb: 978-0-415-48653-8: £70.00 eBook: 978-0-203-84110-5 For more information, visit: www.routledge.com/9780415486538

NEW

Modernising Sales Law Robert Bradgate, University of Sheffield, UK and Christian Twigg-Flesner, University of Hull, UK Series: Current Controversies in Law The book identifies and analyses the problems with current English sales law, and in particular the Sale of Goods Act 1979. Arguing in favour of a thorough overhaul of the law, it considers how the law could be modernised, and sets out the criteria which should be applied to bring it up to date. The ever-increasing influence of European and international harmonising efforts in the law are considered, with the book addressing developments in EU and US sales law and their possible impact on English sales law. This book will be of interest to scholars and students of both commercial and European law. Selected Contents: Part 1: Issues and Policy 1. Introduction – The Evolution of Sales Law 2. Making the Case for a Modern Sales Law: Expectations of Consumers and Commercial Parties 3. Commercial and Consumer Sales Law: European and International Issues Part 2: Specific Areas for Reform 4. Fundamental Concepts 5. Sales and Other Supply Transactions 6. Computer Software and Digital Content 7. System of Liability in Consumer Contracts 8. A Right to Cure 9. Protecting Consumers Against Insolvent Sellers Part 3: The Way Forward 10. The Way Forward 11. Conclusions October 2011: 216 x 138: 160pp Hb: 978-0-415-49283-6: £70.00 Pb: 978-0-415-49284-3: £24.99 For more information, visit: www.routledge.com/9780415492843

Series: Routledge Research in Corporate Law

This book investigates the key factors shaping corporate governance in China and examines whether the globalisation of markets and China’s integration into the world economy will lead to the convergence of its corporate governance with international models or whether its political traditions will mean China follows a unique path. Selected Contents: 1. Key Themes 2. Major Corporate Governance Models and International Corporate Governance Principles 3. China’s Legal and Economic Developments and Corporate Governance Development 4. Traditional Commercial Culture and Business Regulation in China 5. History of Corporate Law Legislation in China 6. Governance of the State-Owned Enterprises (SOEs) and Regulation of Securities Market 7. Examples 8. Conclusions December 2010: 234 x 156: 256pp Hb: 978-0-415-57401-3: £70.00 For more information, visit: www.routledge.com/9780415574013

NEW

Progressive Comparative Corporate Governance Lorraine Talbot, University of Warwick, UK Series: Routledge Research in Corporate Law This book provides a critical and comparative approach to corporate governance, setting out the concept of ‘progressive corporate governance’. The book assesses the situation in Anglo-American, European and transitional economies, and considers progressive corporate governance in the light of the recent worldwide economic crises. Selected Contents: Part 1: Theory and Evidence on Corporate Law and Economics 1. Corporate Governance: Players and Problems 2. Comparative Corporate Governance: Facts 3. Agency Costs and Incomplete Contracts: Theory 4. Comparative Institutional Analysis: ’Law Matters’ Part 2: Rethinking Law ’Matters’ in a Theory of Private Benefits of Control 5. ’Law Matters’ Revisited: Private Benefits of Control 6. Control Matter Too: A Tale of Two Missions for Corporate Law Part 3: Corporate Law and Economics Revisited 7. Legal Distribution of Corporate Powers 8. Laws of Conflicted Interest Transactions I: Functional Analysis 9. Laws of Conflicted Interest Transactions II: Comparative legal Analysis 10. Regulation of Control Transactions I: Legal and Economic Framework 11. Regulation of Control Transactions II: How it is, How it Should be April 2011: 234 x 156: 256pp Hb: 978-0-415-56382-6: £75.00 For more information, visit: www.routledge.com/9780415563826

Accounting and Distributive Justice John Flower, EIASM, Belgium Series: Routledge Studies in Accounting

Accounting and Distributive Justice challenges the basic assumptions on which the current practice of financial reporting is based. It argues that the objective of financial reporting should be to contribute to the achievement of distributive justice and not the optimal allocation of resources as in the traditional capitalist paradigm. It explains in non-technical terms the principle philosophical theories of justice and argues that a firm has a moral responsibility to seek distributive justice in its dealings with its shareholders, employees, suppliers, customers, and other people with whom it has dealings, who are considered to be the firm’s stakeholders. The book introduces concepts of distributive justice to accountants and provokes them into reflecting on how the discipline of accounting can best serve the cause of justice. Accounting and Distributive Justice provides both a philosophical foundation and a practical game plan for the future of a more sustainable accounting practice. Selected Contents: Preface 1. The Wrong Paradigm 2. Distributive Justice 3. The Firm’s Responsibility for Distributive Justice 4. The Contribution of Financial Reporting to Distributive Justice 5. The Reporting Function 6. The Distribution Function 7. The Information Function 8. Concluding Remarks May 2010: 229 x 152: 216pp Hb: 978-0-415-87177-8: £80.00 eBook: 978-0-203-84746-6 For more information, visit: www.routledge.com/9780415871778

NEW 3rd Edition

EEO Law and Personnel Practices Arthur Gutman, Florida Institute of Technology, Melbourne, USA, Laura L. Koppes and Stephen J. Vodanovich, both at University of West Florida, Pensacola, USA

The goal of this well known book is to provide methods for understanding major EEO laws, including the Civil Rights Act of 1964, the Equal Pay Act of 1963, and the American with Disabilities Act of 1990. Also included are over 700 cases involving federal case law that focus on issues relating to the terms and conditions of employment. New to this third edition are sections at the end of each chapter on ’Implications for Practice.’ These accessible sections will give organizations and managers practical advice on strategies and guidelines for implementing laws and guidelines. A website of additional case materials, power points, and teaching aids accompany this book.

September 2010: 229 x 152: 592pp Hb: 978-0-8058-6473-1: £54.95 Pb: 978-0-8058-6474-8: £34.95 For more information, visit: www.routledge.com/9780805864748

Complimentary Exam Copy

e-Inspection New in Paperback Companion Website


c o m pa n y a n d c o m m e rc i a l l aw

NEW

NEW

NEW

Governance and Regulation in the Third Sector

Law, Corporate Governance, and Accounting

International Perspectives

European Perspectives

Limitation of Liability in International Maritime Conventions

Edited by Susan Phillips, Carleton University, Canada and Steven Rathgeb Smith, University of Washington, USA

Edited by Victoria Krivogorsky, San Diego State University, USA

The Relationship between Global Limitation Conventions and Particular Liability Regimes

Series: Routledge Studies in Accounting

Series: Routledge Studies in the Management of Voluntary and Non-Profit Organizations

The growing internationalization of markets, the relaxation of constraints on capital flows between countries, and the creation of different economic unions – the European Union in particular – initiated the flow of capital, goods, and services across national borders, growth and diffusion of shareholding, and increased merger activity among the world’s largest stock exchanges. These changes have stimulated an interest in understanding developments in accounting and corporate governance in a newly qualitative way.

Norman A. Martínez Gutiérrez, IMO International Maritime Law Institute, Malta

Governance and Regulation in the Third Sector brings together scholars and experienced practitioners from different countries to investigate the relationship between regulation and relational governance for the third sector in a comparative context. Each chapter reviews recent regulatory changes in the country in question. To what extent are there significant convergences in these reforms and what are the implications for the third sector? Is there any evidence that the foundational architecture for a more collaborative relationship between the state and the third sector has been laid? Overall, the book reveals that the reality of the supposedly new collaborative relationships and the impacts of regulatory reform are quite different from what contemporary theories of public management would have us believe. Recognizing the gap between theory and reality, the chapters explore some of the outstanding challenges for regulatory reform for the third sector. Selected Contents: 1. Introduction: Between Governance and Regulation: Evolving Government-Third Sector Relationships Susan D. Phillips and Steven Rathgeb Smith 2. The Case of England and Wales: Striking the Right Balance of ‘Hard’ Law versus ‘Soft’ Law Debra Morris 3. Third Sector Regulation in Post-Devolution Scotland: Kilting the Charity Cuckoo Patrick Ford 4. Between Relational Governance and Regulation of the Third Sector: The Irish Case Gemma Donnelly-Cox and Siobhan Mcgee 5. Creeping Marketization and Post-Corporatist Governance: The Transformation State-Nonprofit Relations in Continental Europe Ingo Bode 6. Government Nonprofit Sector Relations In Hungary: Aspirations, Efforts and Impacts Éva Kuti 7. Gatekeeper Governance: The European Union and Civil Society Organizations Alison Dunn 8. The Government-Nonprofit Relationship in the United States: New Challenges and Possibilities Steven Rathgeb Smith 9. Incrementalism at its Best, and Worst: Regulatory Reform and Relational Governance in Canada Susan D. Phillips 10. Australia: A Continuing Love Affair with the New Public Management Mark Lyons and Bronwen Dalton 11. Global Perspectives on the Legal Framework for Civil Society and Relational Governance Douglas Rutzen November 2010: 229 x 152: 224pp Hb: 978-0-415-77477-2: £80.00 eBook: 978-0-203-83507-4 For more information, visit: www.routledge.com/9780415774772

You can now follow RoutledgeLaw on TM

Law, Corporate Governance, and Accounting sets out a framework for the analysis of institutional environments as the interconnected key tools of modern public corporations. Along with examining latest developments in the integrated formal structures for the formulation of international accounting principles, analyzing new accounting regulations and the extrapolating on the lessons that can be learned from the harmonization of accounting principles in Europe, this monograph provides the analyses of the convergence in both auditing and corporate governance as well as US perspective on IFRS adoption. February 2011: 229 x 152: 216pp Hb: 978-0-415-87186-0: £75.00 For more information, visit: www.routledge.com/9780415871860

NEW

Social Justice and the Experience of Emotion Russell Cropanzano, Jordan H. Stein, both at University of Arizona, Tucson, USA and Thierry Nadisic, Emlyon Business School, Ecully, France

This book will seek to integrate the scholarship on justice and affect. The authors focus on empirical social scientific theories pertaining to fairness, mood and emotion. Most of the literature in this book is drawn from social and organizational psychology. Other areas included will be management, personality and evolutionary psychology with a little on relevant philosophical positions from Aristotle and Rawls. The goal of this book is to familiarize the reader with the rich tradition of conceptual models explaining the association between justice and emotion. It will be of interest to graduate students, researchers and practitioners in Industrial organizational psychology, social psychology, management and business ethics. Selected Contents: 1. Introduction 2. Justice-Relevant Cognitions as a Cause of Affect 3. Justice and the Moral Emotions 4. Justice, The Self, and Affect 5. Mood and Emotion as Causes of Justice 6. Emotional Regulation: Display Rules and Terror Management 7. Conclusion November 2010: 229 x 152: 340pp Hb: 978-1-84872-844-8: £29.95 For more information, visit: www.routledge.com/9781848728448

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This book approaches limitation of liability from an international perspective looking at a number of key conventions including the global limitation conventions, the conventions relating to the carriage of passengers and their luggage by sea (1974 Athens Convention relating to the Carriage of Passengers and Their Luggage by Sea and the 2002 Protocol thereto), conventions relating to liability and compensation for pollution damage (1969 International Convention on Civil Liability for Oil Pollution Damage and the 1992 Protocol thereto, the 1996 International Convention on Liability and Compensation for Damage in Connection with the Carriage of Hazardous and Noxious Substances by Sea and the 2010 Protocol thereto, and the 2001 International Convention on Civil Liability for Bunker Oil Pollution Damage), as well as the 2007 Nairobi International Convention on the Removal of Wrecks. Selected Contents: 1. Historical Background 2. The LLMC Convention 3. The 1996 Protocol 4. Conventions Relating to the Carriage of Passengers and their Luggage by Sea 5. Conventions Relating to Liability and Compensation for Pollution Damage 6. The Nairobi Convention 7. Relationship between Global Limitation Conventions and Particular Liability Regimes 8. The Way Forward December 2010: 234 x 156: 432pp Hb: 978-0-415-60140-5: £85.00 eBook: 978-0-203-83403-9 For more information, visit: www.routledge.com/9780415601405

International Trade and Business Law Review: Volume XII Edited by Roger Jones, Partner, Latham & Watkins LLP, Chicago and Gabriel A. Moens, Murdoch University, Australia

The International Trade and Business Law Review publishes leading articles, comments and case notes, as well as book reviews dealing with international trade and business law, arbitration law, foreign law and comparative law. It provides the legal and business communities with information, knowledge and understanding of recent developments in international trade, business and international commercial arbitration. 2009: 234 x 156: 440pp Pb: 978-0-415-49028-3: £49.99 eBook: 978-0-203-87673-2 For more information, visit: www.routledge.com/9780415490283

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company and commercial law

Maritime Security

NEW

International Law and Policy Perspectives from Australia and New Zealand

The Politics of European Competition Regulation

Edited by Natalie Klein, Macquarie University, Australia, Joanna Mossop, Victoria University of Wellington, New Zealand and Donald R. Rothwell, The Australian National University, Australia ’This book brings together an analysis ... of maritime security written by a group of outstanding Australian and New Zealand scholars in international law and relations. While the focus is regional, the challenges and responses are of universal significance.’ – Ivan Shearer, Emeritus Professor, University of Sydney, Australia ’The authors have responded to the growing need to address the important legal issues affecting maritime security for the region around Australia and New Zealand, producing the first and only book to do so. Their work is a comprehensive and well balanced treatment of the issues, providing a high quality resource useful to scholars, students and policymakers considering maritime security in the Australasian region.’ – Greg Rose, Associate Professor, University of Wollongong, Australia ’This book contains a wealth of factual information as well as many insightful ideas and comments.’ – Dr Michael Underdown, Australian & New Zealand Maritime Law Journal, 2010 ’This collection is excellent and has an importance well beyond the shores of Australia and New Zealand.’ – Prof Ted McDorman, University of Victoria, Ocean Development and International Law, 2010 This volume identifies those issues that affect Australia and New Zealand’s maritime security, evaluating the issues from legal and political perspectives, as well as examining the issues within the broad framework of international law and politics. The book also addresses considerations in the Pacific, Asian and Antarctic regions. Selected Contents: 1. Australia, New Zealand and Maritime Security, Natalie Klein, Joanna Mossop, Donald R. Rothwell 2. Maritime Security and the Law of the Sea, Donald R. Rothwell, Natalie Klein 3. Australia’s Traditional Maritime Security Concerns and Post 9/11 Perspectives, Donald R. Rothwell, Cameron Moore 4. Maritime Security in New Zealand, Joanna Mossop 5. Whose Security is it and How Much of it do We Want? The US Influence on the International Law against Maritime Terrorism, Shirley V. Scott 6. New Zealand and Australia’s Role in Improving Maritime Security in the Pacific Region, Sam Bateman and Joanna Mossop 7. Maritime Security and Shipping Safety in the Southern Ocean, Karen N. Scott 8. Counter-Terrorism and the Security of Shipping in Southeast Asia, Caroline Foster 9. Maritime Security and Oceans Policy, Peter Cozens 10. Act of State Doctrine in the Antipodes: The Intersection of National and International Law in Naval Constabulary Operations, Cameron Moore 11. The Protection of Platforms, Pipelines and Submarine Cables under Australian and New Zealand Law, Stuart Kaye 12. Maritime Domain Awareness in Australia and New Zealand, Chris Rahman 13. Intelligence Gathering and Information Sharing for Maritime Security Purposes under International Law, Natalie Klein 14. Maritime Security in the Twenty-First Century: Contemporary and Anticipated Challenges for Australia and New Zealand, Donald R. Rothwell 2009: 234 x 156: 304pp Hb: 978-0-415-48426-8: £80.00 eBook: 978-0-203-86747-1 For more information, visit: www.routledge.com/9780415484268

A Critical Political Economy Perspective Hubert Buch-Hansen and Angela Wigger, Radbound University, the Netherlands Series: Routledge/RIPE Studies in Global Political Economy ’The great merit of this work is that it develops its critique of the neoliberal reform drive of the European Union not in categorical terms but by focusing on the complex issues involved in competition policy as a major pillar of economic governance. Building on an in-depth research programme, it paints a broad picture of the diverse strands of competition policy from a historical perspective, which unravels the politics that led to the original European antitrust treaty provisions, the application thereof back in the 60s and 70s, and the more recent neoliberal turn and its ongoing consolidation. What makes this study stand out is the combination, so rare these days, of a comprehensive topical treatment and a theoretically informed approach.’ – Kees van der Pijl, Professor of International Relations, University of Sussex, UK ’An excellent and rigorous critical political economy account that puts EU competition regulation policies in their place theoretically and historically, this work critiques mainstream positions and elaborates a radical alternative in a powerful historical analysis of the changing content, form, and scope of competition regulation policy. It offers a powerful critique of neo-liberalism and redefines the field.’ – Bob Jessop, Professor of Sociology, Lancaster University, UK ’A critical appraisal of competition policy in Europe has long been overdue as an antidote to the cloying pro-competition orthodoxy. Wigger and Buch-Hansen provide a systematic radical overview which is refreshing, provocative and thought provoking. Above all they locate competition within a political framework which emphasises power relations and identifies winners, losers and the corporate interests behind the design of policy. This study constitutes an essential contribution to a full understanding of European competition policy and the dynamics of reform.’ – Stephen Wilks, Professor of Politics, University of Exeter, UK Examines the political power struggles that have shaped the evolution of European competition regulation over the past six decades. Selected Contents: 1. Introduction 2. Theorising Competition Regulation: A Critical Political Economy Perspective 3. The Origins of European Competition Regulation I: National Level Developments 4. The Origins of European Competition Regulation II: The Supranational Level 5. European Competition Regulation in the Era of Embedded Liberalism 6. The Neoliberalisation of European Competition Regulation 7. Consolidating Neoliberalism: European Competition Regulation from the 1990s Onwards 8. EC Competition Regulation at the Dawn of the Century: Modernisation, Contestation and Crisis 9. The Neoliberal Crusade for Bilateral and Multilateral Competition Rules 10. Concluding Remarks February 2011: 234 x 156: 192pp Hb: 978-0-415-60579-3: £75.00 eBook: 978-0-203-82852-6 For more information, visit: www.routledge.com/9780415605793

Complimentary Exam Copy

Serving the Rule of International Maritime Law Essays in Honour of Professor David Joseph Attard Edited by Norman A. Martínez Gutiérrez, IMO International Maritime Law Institute, Malta International maritime law is far from inert, everyday international affairs constantly test existing law and, in many occasions, require its development. The collection contains innovative studies on current issues and events that are testing the present state of international maritime law. The book is intended as a Festschrift to Professor David Attard and celebrates his career in international law. This work represents a close collaboration amongst many practitioners and academics involved in the field of international maritime law including Judge Helmut Tuerk, Francis Reynolds, William Tetley Q.C. and Patrick J.S. Griggs. Selected Contents: Part 1: General 1. IMO: 60 Years in the Service of Shipping, H.E. Mr Efthimios E. Mitropoulos 2. New European Maritime Policy for Cleaner Oceans and Seas, Marko Pavliha 3. Protection of International Watercourses, Malgosia Fitzmaurice 4. Criminal Sanctions in Relation to Ship-Source Pollution, Bernard Vanheule Part 2: The Law of the Sea 5. Malta, Maine and Beyond: Trends in the Theory and Practice of Maritime Boundary Delimitation, Charles Norchi 6. A Legal and Practical Arrangement of Disputes Concerning Maritime Boundaries Pending Their Final Solution and Law Enforcement – From a Japanese Perspective, Atsuko Kanehara 7. Bioprospecting, Marine Scientific Research and the Patentability of Genetic Resources, Andree Kirchner 8. Marine Scientific Research and the Right to Lay Submarine Cables and Pipelines: Differences in Regime, Umberto Leanza 9. A New Advent for Renewable Offshore Resources, Ivan Vella 10. The Idea of the Common Heritage of Mankind, Helmut Tuerk 11. Correlative Concepts of the Common Heritage and the Present Euro-Mediterranean Context, Peter Serracino-Inglott 12. Extension of Coastal State Jurisdiction in the Mediterranean: ‘Quasi EEZs’ or Real ‘Sui Generis’ Zones?, Mitja Grbec 13. Lo Stretto di Hormuz e le Minacce al Regime Internazionale di Transito, Admiral Fabio Caffio 14. The Fight against Piracy and Armed Robbery against Ships off the Coast of Somalia: International Cooperation Illustrated, Patricia Mallia Part 3: Shipping Law 15. Hague, Visby, Hamburg and Rotterdam: A Maritime Tour of Northern Europe, Francis Reynolds 16. A Summary of Some General Criticisms of the UNCITRAL Convention (The Rotterdam Rules), William Tetley 17. UNCTAD and its Role in Regulation of Liability for Carriage of Goods by Sea and Multimodal Transport, Mahin Faghfouri 18. Operation of a Ship’s Hatch Covers: Allocation of Responsibility under a Charterparty Agreement, Norman A. Martinez Gutierrez 19. The Maritime Labour Convention 2006: A Major Step Forward in Maritime Law, Reto Dürler 20. Maritime Security Vis-à-Vis Fair Treatment of Seafarers – A Conundrum in the Development of International Maritime Law, Frank Wiswall Jr 21. Influence of the Torrey Canyon Incident on the Liability and Compensation Regimes Developed under the Auspices of the International Maritime Organization, Gaetano Librando 22. Dispute Resolution in Oil Pollution Cases – Are There Alternatives to Litigation in National Courts?, Måns Jacobsson 23. International Maritime Law - Developing a Comprehensive Third Party Liability Convention, Patrick J.S. Griggs 24. Places of Refuge – Environmental Salvage, Archie Bishop 25. Implementation of the Arrest Convention, Ignacio Arroyo 26. Good Faith and the Duty of Disclosure in Marine Insurance Law, Ping-Fat Sze 2009: 234 x 156: 472pp Hb: 978-0-415-56398-7: £95.00 eBook: 978-0-203-86322-0 For more information, visit: www.routledge.com/9780415563987

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c o m pa r at i v e l aw a n d l e ga l sy s t e m s

The Reform of UK Personal Property Security Law

Takeovers and the European Legal Framework

Comparative Perspectives

A British Perspective

Edited by John de Lacy, University of Sheffield, UK

Jonathan Mukwiri, Buckinghamshire New University, UK

This major book features the work of international experts on personal property security law. It focuses on the reform of UK company charge law and argues that the Companies Act 2006 did not go far enough in reforming the law. It addresses the question as to whether the UK should follow the lead of other jurisdictions that have adopted US Article 9 type personal property security schemes. As well as considering current UK law the book also addresses the changes proposed by the Law Commissions and, despite current government inaction, considers whether these reform proposals should be adopted. The book contains major international comparisons and, in particular, looks at law reform in the USA, Canada, Australia, New Zealand, Singapore and Europe. This comparative treatment gives the reader a full perspective on this difficult and constantly developing area of law. Selected Contents: 1. The Evolution and Regulation of Security Interests Over Personal Property in English Law, John De Lacy 2. Pressured by the Paradigm: The Law Commission and Company Security Interests, Gerard Mccormack 3. A Canadian Academic’s Reactions to the Law Commission’s Proposals, Jacob Ziegel 4. What is Wrong with the Law of Security? Richard Calnan 5. Exceptions to the Nemo Dat Rule in Relation to Goods and the Law Commission’s Proposals in the Consultative Report, Louise Gullifer 6. Securities Collateral, Joanna Benjamin 7. Security Over Moveables in Scots Law, George Gretton 8. Security Interests in Intellectual Property, Jacqueline Lipton 9. Technology-Based Small Firms and the Commodification of Intellectual Property Rights, Iwan Davies 10. The New Zealand Personal Property Securities Act 1999, David Brown 11. Personal Property Security Law Reform in Australia: History, Influences, Themes and the Future, Simon Fisher 12. Personal Property Security Interests in Singapore, Yock Lin Tan 13. Basic Issues of European Rules on Security in Movables, Ulrich Drobnig 14. Key Policy Issues of the Uncitral Draft Legislative Guide on Secured Transactions, Spiros Bazinas 2009: 234 x 156: 568pp Hb: 978-1-85941-891-8: £95.00 eBook: 978-0-203-86512-5 For more information, visit: www.routledge.com/9781859418918

Trademarks, Brands, and Competitiveness Edited by Teresa da Silva Lopes, University of York, UK and Paul Duguid, University of California, Berkeley, USA

Since the implementation of the European Directive on Takeover Bids, a European common legal framework governs regulation of takeovers in EU Members States. The European Directive on Takeover Bids was adopted in April 2004, and implemented in the UK and in other Member States on 20th May 2006. The Directive seeks to regulate takeovers by way of protecting investors, and harmonising takeover laws in Europe. In facilitating the restructuring of companies through takeovers, the Directive aims at reinforcing the free movement of capital. Takeovers and the European Legal Framework studies the European Community Directive on Takeover Bids, in order to provide greater understanding of both the impact and effect of the European legal framework of takeover regulation. It firstly looks at the Directive from a British perspective, focusing on the impact of the transposition of the Takeover Directive into the UK. The book examines the provisions of the City Code on Takeovers and Mergers, and discusses the takeover provisions in the Companies Act 2006 that implement the Takeover Directive in the UK, arguing that the Directive will provide a new basis for UK takeover regulation, and that the system will work well. Jonathan Mukwiri goes on to consider the Directive in relation to the EU, arguing that despite its deficiencies, in that Member States are free to opt to restrict takeovers, the Directive provides a useful legal framework by which takeovers are regulated in different jurisdictions. Mukwiri highlights how the freedoms of the EC Treaty and EU Directives interact, and the effects of the Takeover Directive on political considerations in the law-making process in European Community. Moreover, he argues that the future of EU takeover regulation is likely to follow the lead of the UK, making this book relevant to a wide range of policy-makers and academics across Europe. Selected Contents: 1. Legal Framework of Takeover Regulation 2. The Myth of Tactical Litigation in UK Takeovers 3. EC Regulatory Objective I – Shareholders 4. Directors’ Duties and Takeover Regulation 5. Regulation of EC Cross-Border Takeovers 6. EC Regulatory Objective II – Harmonisation 7. Takeovers and Free Movement of Capital 2009: 234 x 156: 200pp Hb: 978-0-415-49157-0: £80.00 eBook: 978-0-203-87710-4 For more information, visit: www.routledge.com/9780415491570

Series: Routledge International Studies in Business History Trademarks, Brands and Competitiveness brings together scholars from a variety of disciplines to provide a critical account of the contribution of branding to economic growth, the relationship between trademark law and brand strategy, and the building and repositioning of individual brands as case studies in the effects of competition. Selected Contents: List of Tables. List of Figures. Preface Jack Keenan, CEO of Gran Cru Consulting, former CEO of Diageo. Introduction Paul Duguid and Teresa da Silva Lopes Part 1: Trademarks and National Competitiveness 1. Reading Registrations: An Overview of 100 Years of Trade Mark Registrations in France, the United Kingdom and the United States Paul Duguid, Teresa da Silva Lopes and John Mercer 2. Export Performance and Reputation Mark Casson and Nigel Wadeson 3. Trade Marks and Performance in UK Firms Christian Helmers and Mark Rogers 4. Co-Branding Product and Nation: Danish Modern Furniture and Denmark in the United States, 1940-1970 Per Hansen Part 2: Trademarks and the Law 5. Trade Marks and Infringement in Britain, c. 1875- c.1900 David Higgins 6. Trademarks, Brands and Competition Jennifer Davis and Spyros Maniatis Part 3: Building Brands 7. Brands in Chains Paul Duguid 8. Turning Trade Marks into Brands: How Advertising Agencies Practiced and Conceptualised Branding, 1890-1930 Stefan Schwarzkopf 9. Corporate Brand Building: Shell-Mex Ltd in the Interwar Period Michael Heller 10. Unilever’s (Other) Brand Wars: Retailers, Private Labels and Struggles for Supremacy Within Product Supply Chains Peter Miskell. Contributors. References. Index March 2010: 229 x 152: 270pp Hb: 978-0-415-77693-6: £100.00 eBook: 978-0-203-86198-1 For more information, visit: www.routledge.com/9780415776936

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Comparative Law and Legal Systems NEW

The Development of the Chinese Legal System Change and Challenges Edited by Guanghua Yu, University of Hong Kong In recent years the Chinese legal system has undergone many reforms and this book brings the literature up to date offering a contemporary account of the law and administration in China. The book covers some of the most pressing issues in Chinese law, including the reform of the banking sector, environmental law, corporate law foreign investment, health care and intellectual property, and looks at both substantive and procedural issues. The volume contains contributions from a number of experts and scholars of Chinese law including Albert Chen, Hualing Fu and Roman Tomasic who analyse the political, economic and social factors affecting the development process of Chinese law. Whilst the book addresses a number of diverse legal areas all the contributions look to explain the factors which led to the development of the law and the consequences of such developments, as well as the progress made by developing legal institutions and the possible obstacles to future development. Selected Contents: Introduction, Guanghua Yu Part 1: Public Law 1. Constitutional Judicialisation and Popular Constitutionalism in China: Are We Ready Yet?, Jianfu Chen 2. Institutionalizing Criminal Process in China, Hualing Fu Part 2: Civil Law 3. Public Regulation of Private Relations: Changing Conditions of Property Regulation in China, Pitman B. Potter 4. The Law of Property and the Evolving System of Property Rights in China, Albert H.Y. Chen 5. The Role of Mortgages: A Case for Formal Law, Guanghua Yu 6. Transplantation and Transformation: 30-Year Development of China’s IP System, Yahong Li Part 3: Corporate Law 7. Who Writes Corporate Law Rules? The Making of the Piercing the Corporate Veil Rule as a Case Study, Chao Xi 8. Looking at Corporate Governance in China’s Large Companies: Is the Glass Half Full or Half Empty?, Roman Tomasic Part 4: The Regulation Of Banking And The Stock Market 9. China’s Banking Reforms at the Time of Global Economic Recession, Yuwa Wei 10. The Political Logic of Securities Regulation in China, Jiangyu Wang Part 5: Procedural Law 11. Civil Justice Reform with Political Agendas, Xianchu Zhang 12. China’s Arbitration: Restricted Reform, Weixia Gu Part 6: Law And Regulation With International Implications 13. Environmental Law and Policy in China: Responding to Climate Change, Jolene Lin 14. WTO and Developing Countries: The Case for Liberalization of Telecommunications Services in China, Yun Zhao November 2010: 234 x 156: 352pp Hb: 978-0-415-59420-2: £75.00 eBook: 978-0-203-83775-7 For more information, visit: www.routledge.com/9780415594202

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comparative law and legal sy s t e m s

6

Introduction to Spanish Private Law

Regulation of the Voluntary Sector

Facing the Social and Economic Challenges

Freedom and Security in an Era of Uncertainty

Teresa Rodriguez de las Heras Ballell, Universidad Carlos III de Madrid, Spain

Mark Sidel, University of Iowa, USA

Series: UT Austin Studies in Foreign and Transnational Law

Introduction to Spanish Private Law presents a consolidated, modern, and realistic image of today’s Spanish private legal system. It combines both civil and commercial law and integrates them in the same book, making the overall subject far more accessible to readers. This united approach results in a more logical and efficient process of learning. Finally the issues that are addressed reflect the reality of today’s economic and legal scene. This book attempts to provide the readers with the necessary legal instruments to tackle the real problems arising from a globalized modern society. The general principles in this book are presented from a practical point of view that emanates from the authors’ conception of a legal system as an instrument to solve social problems in accordance with a set of principles, values and aims. Selected Contents: 1. Spanish Private Law: History, Scope and Trends 2. The Person and the Law: Individual and Family 3. Organizations and Private Law: Communities, Companies and Groups 4. Business, Market and the Law 5. Goods and Private Law 6. Relationships in Private Law: Transactions and Contracts 7. Civil Liability 8. The Protection of Rights 2009: 216 x 138: 368pp Hb: 978-0-415-44613-6: £75.00 eBook: 978-0-203-87315-1 For more information, visit: www.routledge.com/9780415446136

NEW

Public Interest Litigation in Asia Edited by Po Jen Yap, University of Hong Kong and Holning Lau, University of North Carolina, USA Series: Routledge Law in Asia This edited volume is a timely and insightful contribution to the growing discourses on public law in Asia. Surveying many important jurisdictions in Asia including mainland China, Hong Kong, India, Malaysia, Singapore, South Korea and Taiwan, the book addresses recent developments and experiences in the field of public interest litigation. The book offers a comparative perspective on public law, asking crucial questions about the role of the state and how private citizens around Asia have increasingly used the forms, procedures and substance of public law to advance public and political aims. In addition to addressing specific jurisdictions in Asia, the book includes a helpful and introduction that highlights regional trends in Asia. In the jurisdictions profiled, transnational public interest litigation trends have commingled with local dynamics. This volume sheds light on how that commingling has produced both legal developments that cut across Asian jurisdictions as well as developments that are unique to each of the jurisdictions studied. October 2010: 234 x 156: 192pp Hb: 978-0-415-57781-6: £75.00 eBook: 978-0-203-84264-5 For more information, visit: www.routledge.com/9780415577816

Series: Critical Approaches to Law Have we gone too far in enacting laws, promulgating regulations and announcing policies that threaten freedom of association, either now or ‘in waiting’ for the future?

Regulation of the Voluntary Sector focuses on the legal and political environment for civil society in an era in which counter-terrorism policy and law have challenged civil society and civil liberties in a number of countries. The ways in which counter-terrorism law and policy affect civil society can and do differ dramatically by country and region. Through the lens of developments since September 11th, Mark Sidel provides the first comparative analysis of state responses to voluntary sector activity. Comparing the situations in the UK and the US, as well as in Australia, Canada, India and within the European Union, he surveys the increasing efforts to delimit and restrict voluntary sector activities – such as fundraising and grant-making – as well as opposition to them. 2009: 216 x 138: 168pp Hb: 978-0-415-42424-0: £75.00 Pb: 978-1-904385-77-6: £19.99 eBook: 978-0-203-87618-3 For more information, visit: www.routledge.com/9781904385776

Contract and Tort Law NEW IN 2012 2nd Edition

The Europeanisation of Contract Law Christian Twigg-Flesner, University of Hull, UK Series: Current Controversies in Law This book traces the process of Europeanisation of Contract Law by examining critically the developments to date and their impact on English law, in particular, as well as the implications of the EU’s desire to move towards greater coherence. The arguments for and against greater convergence in the field of contract law are also covered. This second edition has been fully updated to reflect the most recent developments in EU contract law. It includes coverage of the Principles, Definitions and Model Rules of European Private Law (the Draft Common Frame of Reference), and also addresses the proposed EC Consumer Rights Directive and its likely impact on consumer contracts. Selected Contents: 1. The Concept of ’Europeanisation’ 2. Framework of Europeanisation 3. Europeanisation of Contract Law – The Story so Far 4. Impact on National Law: A UK Perspective 5. The Way Forward 6. A European Contract Code. Conclusions February 2012: 216 x 138: 232pp Hb: 978-0-415-57403-7: £75.00 For more information, visit: www.routledge.com/9780415574037

NEW

Resolving Disputes in the Asia-Pacific Region International Arbitration and Mediation in East Asia and the West

NEW

Fundamental Rights and Tort Law in Europe The Case of Children’s Liability in Tort

Shahla F. Ali, University of Hong Kong

Nuno Ferreira, University of Manchester, UK

Resolving Disputes in the Asia-Pacific Region presents empirical research about the attitudes and perceptions of the arbitration community in China, Hong Kong, Korea, Japan, Singapore, and Malaysia as well as North America and Europe. The book covers both international commercial arbitration and ’alternative’ techniques such as mediation, providing an empirical analysis of how both types of dispute resolution are conducted in the East Asian context. The book examines the history and cultural context surrounding preferred methods of dispute resolution in the East Asian region and sheds light on the various approaches to international arbitration across these diverse regions.

The book explores the relationship between fundamental rights and private law in Europe, a debate usually referred to as Drittwirkung or ‘horizontal effect of fundamental rights’. The work focuses on the field of tort law and looks, in particular, at the legal position of the tortfeasor. Part one of the book is dedicated to exploring the different possible models of Drittwirkung, the functions and evolution of tort law, and the particular impact that fundamental rights may have in shaping the legal consequences that may derive to tortfeasors from their tortious acts. Part two focuses on the relationship between children’s tortious liability and their fundamental rights in a number of jurisdictions including France, Italy, Germany, Portugal, Sweden, Finland, and England and Wales. The book goes on to consider policy implications and advances proposals which would ensure the optimisation and maximisation of the scope of fundamental rights in the field of tort law.

Selected Contents: Introduction Part 1: Background 1. Impact of Globalization on International Legal Practice 2. Background and Legal Framework of Arbitration in East Asia and the West 3. The Emergence of Arbitral Institutions in East Asia Part 2: Data Presentation 4. A Survey of Arbitration and Settlement in International Commercial Disputes in Asia 5. Case Statistics and Case Studies on Conciliated Arbitration Awards 6. Conclusion – Reconciling Global Harmonization and Cultural Diversity in the Context of International Commercial Arbitration in East Asia October 2010: 234 x 156: 168pp Hb: 978-0-415-58372-5: £70.00 eBook: 978-0-203-84083-2 For more information, visit: www.routledge.com/9780415583725

Complimentary Exam Copy

c o n t r act a n d to rt l aw

Selected Contents: 1. Introduction 2. The Horizontal Effect of Fundamental Rights: Theories and Models 3. Tort Law: Aims, Functions and Evolution 4. The Horizontal Effect of Fundamental Rights and Tort Law: What about the Tortfeasor? 5. The Fundamental Rights of Children: International, European and National Perspectives 6. Children’s Torts: European National Legal Solutions 7. Children’s Tortious Liability in Europe: Comparison, Critique and Proposals 8. Conclusion May 2011: 234 x 156: 256pp Hb: 978-0-415-57945-2: £75.00 For more information, visit: www.routledge.com/9780415579452

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c r i m i n a l l aw a n d ev i d e n c e NEW

NEW

Human Rights and the Protection of Privacy in Tort Law

Feminist Perspectives on Tort Law

A Comparison between English and German Law Hans-Joachim Cremer, University of Mannheim, Germany Series: UT Austin Studies in Foreign and Transnational Law

In its case law, the European Court of Human Rights has acknowledged that national courts are bound to give effect to Article 8 of the European Convention of Human Rights (ECHR) which sets out the right to private and family life, when they rule on controversies between private individuals. Article 8 of the ECHR has thus been accorded mittelbare Drittwirkung or indirect ‘third-party’ effect in private law relationships. The German law of privacy, centring on the ’allgemeines Persönlichkeitsrecht’, has quite a long history, and the influence of the European Court of Human Rights’ interpretation of the ECHR has led to a strengthening of privacy protection in the German law. This book considers how English courts could possibly use and adapt structures adopted by the German legal order in response to rulings from the European Court of Human Rights, to strengthen the protection of privacy in the private sphere. Selected Contents: 1. Aspects of Comparison and the European Convention on Human Rights in the Context of German Law 2. The European Court of Human Rights’ Caroline von Hannover Judgment and its Reverberations 3. Drittwirkung under the ECHR: Human Rights Obligation of State Authorities and their Influence on Judicial Decisions in Private Law Disputes 4. Drittwirkung of Constitutionally Guaranteed Basic Rights in the German Legal Order 5. Conclusions August 2010: 216 x 138: 304pp Hb: 978-0-415-47704-8: £80.00 eBook: 978-0-203-84357-4 For more information, visit: www.routledge.com/9780415477048

NEW

Resolving Construction Disputes Philip Chan, National University of Singapore Addressing the issues surrounding construction contract disputes, this book examines dispute avoidance and the main forms of dispute resolution. Fully international, it covers standard forms of building contracts used throughout the world. Selected Contents: 1. Nature of Construction Disputes 2. Principles of Dispute Management 3. Litigation and ADR 4. Settlement Agreement as a Goal – Negotiation and Mediation 5. Binding Decision – Temporary or Final 6. Adjudication 7. International Arbitration 8. Role of Evidence Including Expert Evidence 9. Cost Implication of Dispute

Edited by Janice Richardson, University of Exeter, UK and Erika Rackley, Durham University, UK Series: Feminist Perspectives Feminist Perspectives on Tort brings together acknowledged experts in these two areas to pursue a distinctly feminist approach to the major areas of tort law. International in its scope, and accessibly written, Feminist Perspectives on Tort Law will be required reading for students, scholars and practitioners. Selected Contents: Introduction, Janice Richardson and Erika Rackley Negligence Duty of Care, Ethic of Care, and the Rhetoric of Individual Responsibility, Jenny Steele. The Properties of Procreative Injury and Loss: All Too Corporeal?, Nicky Priaulx. What’s the Point? Police Negligence, Invisible Immunity and the Disadvantaged Claimant, Kirsty Horsey. Alcock v Chief Constable of South Yorkshire Police: A Feminist Judgment, Erika Rackley. The Reasonable Woman and the Standard of Care, Jose Miola. Knowledge and Power in Products Liability, Patricia Peppin Personal Torts Feminist Perspectives on Privacy Law, Janice Richardson. Sexual Wrongdoing: Do the Remedies Reflect the Wrong?, Elizabeth Adjin-Tettey and Freya Kodar. An Alternative Response to Rape: Redress through Tort Law, Nicola Godden Land Torts Polution and the Body Boundry: Exploring Scale, Gender and Remedy, Dayna Nadine Scott. Gendered Assessments of Personal Injury Compensation: Damaging Stereotypes?, Reg Graycar

Criminal Law and Evidence NEW IN 2012

Bail Law, Policy and Practice Anthea Hucklesby, University of Leeds, UK The book brings together current knowledge about bail, drawing upon the authors’ empirical research into the remand process in England and Wales over a period of eighteen years. It offers a detailed analysis of the law on bail and highlights how changes in law and procedure have translated into practice. Selected Contents: 1. Introduction 2. History and Origins of Bail 3. Law and Policy Developments since 1967 4. The use of Bail and its Importance 5. Police Bail 6. Bail Decision-Making in Court 7. Bail Conditions 8. Offending on Bail 9. Initiatives to Increase the use of Bail 10. Conclusion June 2012: 234 x 156: 320pp Hb: 978-0-415-48911-9: £75.00 For more information, visit: www.routledge.com/9780415489119

NEW IN 2012

September 2011: 234 x 156: 224pp Hb: 978-0-415-61920-2: £75.00

Binding Men

For more information, visit: www.routledge.com/9780415619202

Nineteenth Century Criminal Cases and the Policing of Masculinity

NEW

Tomorrow’s Torts Advanced Comparative Perspectives Penelope Watson, Macquarie University, Australia With a focus strongly on invasion of dignitary interests and/or rights, the book stresses the dynamic nature of tort law and its capacity to respond to social change in a variety of ways, and invites students to consider the mechanisms by which this may happen, including interaction with legislation and international conventions. Selected Contents: 1. Elements of Defamation, Freedom of Speech 2. Defences to Defamation, Remedies 3. Human Rights and Tort: Privacy 4. Privacy (Continued) 5. Sexual Injury: Harassment, Nuisance, Wilkinson v Downton 6. Sexual Injury: Abuse/Incest, Battery, Fiduciary Duty, Liability of Third Parties 7. Schools/Workplaces: Negligence – Bullying 8. Schools: Negligence – Educational Malpractice 9. Wrongful Life, Wrongful Birth, Duties to Unborn 10. Toxic Torts: Therapeutic Goods. DES Cases, Prenatal and Preconception Injury, Novel Theories of Causation 11. Toxic Torts: Consumer Goods. Tobacco Litigation, Addiction and Volenti, Ethical Issues for Lawyers 12: Toxic Torts: Mass Tort Litigation/Class Actions, Ethical Issues, Future Trends January 2011: 234 x 156: 750pp Hb: 978-1-876905-37-8: £75.00 For more information, visit: www.routledge.com/9781876905378

April 2011: 234 x 156: 576pp Hb: 978-0-415-45043-0: £95.00 eBook: 978-0-203-88193-4 For more information, visit: www.routledge.com/9780415450430

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Lois Bibbings, University of Bristol, UK Binding Men investigates nineteenth century notions of masculinity. It examines a number of nineteenth century criminal cases, focusing upon theoretical themes relating to masculinity and the state in order to offer a way of reading past decisions as well as a means of analyzing nineteenth century attitudes in society and the courts. Of the cases selected some are still binding upon English and Welsh courts today, others are first instance decisions and a few attracted a great deal of sensation when they were heard. Of these the most well-known are R v Dudley and Stevens (murder, necessity and cannibalism), R v Boulton (cross-dressing), R v Coney (prize-fighting) and R v Crippen (the trial of Dr Crippen). This book combines traditional legal analysis with a more socio-legal and social historical approach. Drawing upon a variety of sources including trial transcripts, law reports, official correspondence and newspaper stories, Binding Men unpicks the narratives of masculinity which the cases tell. Selected Contents: Masculinity, Law and History. Masticating the Male: A Recipe for Masculinity. Mary-Annes and Mollies: The Carnivalesque, Camp and Cross-Dressing. Manly Diversions, Debauchery and Disorder. Man as Master: The Realm of the Family. Robbery and Reputation: Blackmail. The Medical Man. Conclusion January 2012: 234 x 156: 208pp Hb: 978-1-904-38541-7: £75.00 For more information, visit: www.routledge.com/9781904385417

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criminal law and evidence

8

NEW

NEW

NEW

Capital Punishment and Political Sovereignty

Cross-Border Law Enforcement

Handbook of Police Psychology

Regional Law Enforcement Cooperation – European, Australian and Asia-Pacific Perspectives

Edited by Jack Kitaeff

Adam Thurschwell, Cleveland State University, USA Adam Thurschwell, a respected academic and death penalty lawyer, draws upon continental theory and the Anglo-American jurisprudential tradition in order to deliver a critical survey of both the theoretical aspects of capital punishment and its actual administration. Pursuing an original political approach rather than taking a moral stance, his discussion compares the topics of sovereignty, power and legitimacy with moral desert or consequentialism and explores their impact on perceptions and practices of capital punishment. Covering micro-issues of legal doctrine and administrative practice, as well as arguments for and against abolition, this book is an invaluable resource for academics and students in law and political theory. Selected Contents: 1. Capital Punishment Today 2. Current Jurisprudential Approaches to Capital Punishment: A Critique 3. Political Sovereignty and the Death Penalty 4. Race and Death 5. The Ethics of Capital Punishment 6. Conclusion: Implications, Consequences and Potential Futures January 2011: 216 x 138: 240pp Hb: 978-0-415-42423-3: £75.00 For more information, visit: www.routledge.com/9781845681111

NEW

Child Pornography Law and Policy Alisdair A. Gillespie, De Montfort University, UK Child Pornography: Law and Policy draws on interdisciplinary work in order to critically address the law relating to child pornography. Child pornography is recognized as a specific form of child abuse and there are now many national, and international, efforts to tackle it. Yet despite these efforts, the volume of child pornography, particularly on the internet, is increasing. The law has reacted to this situation by adapting its definitions, increasing sentences and providing new powers to law enforcement. It is, however, unclear how far the law should extend. What should the relationship be between criminalization and free-speech? Is there a link between the ’use’ of child pornography and contact offending? The issue of child pornography has been the subject of considerable literature in the areas of psychology, sociology and psychiatry. These studies provide the basis for a greater understanding of the nature of child pornography, as well as the profiles and behaviour of those who access or produce such material. Child Pornography: Law and Policy brings this wider literature to bear on the legal and policy frameworks relating to child pornography, questioning both the appropriateness and the effectiveness of the law in this context. Selected Contents: 1. Introduction Part 1: Definitions 2. What is Child Pornography? 3. Indecent Photographs of Children 4. Other Legal Definitions 5. Virtual Child Pornography Part 2: Offending 6. Indecent Photographs 7. Other Approaches to Child Pornography Offences 8. Non-Photographic Prohibited Images 9. Young People and Child Pornography 10. Sentencing Child Pornography Offenders Part 3: Policing Child Pornography 11. The International Dimension 12. Policing Child Pornography Part 4: Conclusion 13. Conclusion January 2011: 234 x 156: 240pp Hb: 978-0-415-49987-3: £75.00 For more information, visit: www.routledge.com/9780415499873

Edited by Simon Bronitt, Australian National University, Australia, Clive Harfield, University of Wollongong, Australia and Saskia Hufnagel, Australian National University, Australia Series: Routledge Research in Transnational Crime and Criminal Law This volume explores issues of law enforcement cooperation across borders from a variety of disciplinary perspectives. The borders under examination include both macro-level cooperation between nation-states as well as micro-level cooperation between different Executive agencies within a nation-state. The volume brings together leading academics, public policy-makers, legal practitioners and law enforcement officials from Europe, Australia and the Asian-Pacific region, to shed new light on the pressing problems impeding cross-border policing and law enforcement globally and regionally. Problems common to all jurisdictions are discussed and innovative ‘best practice’ solutions and models are considered. Selected Contents: 1. The Globalisation of Police and Judicial Cooperation: Driving Forces, Institutional Frameworks and Political Dilemmas, Cyrille Fijnaut Part 1: Police Cooperation Strategies in the European Union 2. Glocal Policing: The Conjunction of the ‘Global’ and ‘Local’ Policing, Frans Heeres 3. The Nordic Police Cooperation, Maren Eline Kleiven 4. Transferability of Police Cooperation Strategies: The Case of European Union Joint Investigation Teams, Ludo Block 5. Law Enforcement Response to Trafficking in Women and Children: A European Perspective, Aysel Allahverdiyeva 6. European Court of Justice Case Law: Strengthening the EU Penal Area? Vanessa Ricci Part 2: Australian Police Cooperation Strategies 7. Mutual Assistance in Criminal Matters: Cyberworld Realities from an Australian Perspective, Shannon Cuthbertson 8. Cross-Border Police Cooperation: A Comparative Study of Strategies in Australia and the European Union, Saskia Hufnagel 9. Policing Indigenous People in the NPY Lands, Jenny Fleming 10. Extradition and the Death Penalty in Australia and the EU, Saskia Hufnagel and Wendy Kukulies-Smith Part 3: Police Cooperation in the Asia-Pacific Region 11. A Study on the Effectiveness of Extradition within the ASEAN Region, Ciara Henshaw 12. Law Enforcement Cooperation in Trafficking Persons Cases: Obstacles and Opportunities, Anne Gallagher and Paul Holmes 13. Enhancing ADF-Police Cooperation on Peace and Stability Operations, Damian Eaton Part 4: International Perspectives on Police and Judicial Cooperation 14. The Legality of Diplomatic Assurances/ Memoranda of Understanding under International Human Rights, Christopher Michaelsen 15. Managing Human Rights and Covert Methods in Transnational Criminal Investigations, Clive Harfield 16. Jurisdiction under the Defence Force Discipline Act 1982, Ian Henderson December 2011: 234 x 156: 256pp Hb: 978-0-415-58374-9: £75.00 For more information, visit: www.routledge.com/9780415583749

Series: Applied Psychology The Handbook of Police Psychology represents the contributions of over thirty police psychologists, all experts in their field, on the core subject matters of police psychology. Police psychology is broadly defined as the application of psychological principles and methods to law enforcement. This growing area includes topics such as screening and hiring of police officers; conducting screening for special squads (e.g., SWAT); fitness-for-duty evaluations; investigations, hostage negotiations; training and consultation, and stress counselling, among others. The book examines the beginnings of police psychology and early influences on the profession such as experimental investigations of psychological testing on police attitude and performance. Influential figures in the field of police psychology are discussed, including the nation’s first full-time police psychologist who served on the Los Angeles Police Department, and the first full-time police officer to earn a doctorate in psychology while still in uniform with the New York Police Department. February 2011: 254 x 178: 632pp Hb: 978-0-415-87766-4: £64.95 eBook: 978-0-203-83617-0 For more information, visit: www.routledge.com/9780415877664

Internet Child Abuse: Current Research and Policy Edited by Julia Davidson, Kingston University, UK and Petter Gottschalk, Norwegian School of Management, Norway

Internet Child Abuse: Current Research and Policy provides a timely overview of international policy, legislation and offender management and treatment practice in the area of Internet child abuse. Internet use has grown considerably over the last five years, and information technology now forms a core part of the formal education system in many countries. There is however, increasing evidence that the Internet is used by some adults to access children and young people in order to ‘groom’ them for the purposes of sexual abuse; as well as to produce and distribute indecent illegal images of children. This book presents and assesses the most recent and current research on internet child abuse, addressing: its nature, the behaviour and treatment of its perpetrators, international policy, legislation and protection, and policing. It will be required reading for an international audience of academics, researchers, policy-makers and criminal justice practitioners with interests in this area.

Selected Contents: 1. Introduction 2. Legislation and Policy: Protecting Young People, Sentencing and Managing Internet Sex Offenders 3. Characteristics of the Internet and Child Abuse 4. Combating Child Abuse Images on the Internet 5. Stage Model for Online Grooming Offenders 6. Understanding the Perpetrators Online Behaviour 7. Policing Social Networking Sites and Online Grooming 8. Assessment and Treatment Approaches with Online Sexual Offenders. Conclusion July 2010: 234 x 156: 216pp Hb: 978-0-415-55980-5: £75.00 eBook: 978-0-203-84743-5 For more information, visit: www.routledge.com/9780415559805

Complimentary Exam Copy

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c r i m i n a l l aw a n d ev i d e n c e

NEW

NEW IN 2012

Rethinking Rape Law

Managing High-Risk Offenders

Online Child Sexual Abuse

Policy and Practice

Grooming, Policing and Child Protection in a Multi-Media World

International and Comparative Perspectives

Edited by Bernadette Mcsherry, Monash University, Australia and Patrick Keyzer, Bond University, Australia Series: International Perspectives on Forensic Mental Health This edited collection explores the advantages and disadvantages of current management schemes for high-risk offenders, such as sex offenders, terrorists, offenders with serious mental illnesses, and juvenile offenders. September 2011: 254 x 178: 256pp Hb: 978-0-415-88495-2: £46.90 For more information, visit: www.routledge.com/9780415884952

4th Edition

Offenders, Deviants or Patients? Explorations in Clinical Criminology Herschel Prins, Leicester and Loughborough University, UK

Offenders, Deviants or Patients? provides a practical approach to understanding both the social context and treatment of mentally disordered offenders. Taking into account the current public concern, often heightened by media sensationalism, it addresses issues such as sex offending, homicide and other acts of serious bodily harm.

This fourth edition comes after extensive new research by academics and professionals in the field and reflects recent changes in law, policy and practice, including: • new sex offending legislation • proposals to amend homicide legislation • a new mental health act. Using new case examples, Herschel Prins examines the relationship between mental disorders and crime and looks at the ways in which it should be dealt with by the mental health care and criminal justice systems. Offenders, Deviants or Patients? is unique in its multidisciplinary approach and will be invaluable to all those who come into contact with serious offenders or those who study crime and criminal behaviour. Selected Contents: Preface. Some Autobiographical Reminiscences. Non Responsibility/Responsibility and Partial Responsibility. By Diverse Routes. ‘Thick Coming Fancies’. A Failure to Register. Grievous and Other Bodily Harms. Thou Shall Not Commit Murder. Sex – Lawful and Unlawful. No Smoke Without Fire. ‘The Malady of Not Marking’. Envoi June 2010: 234 x 156: 368pp Hb: 978-0-415-46428-4: £65.00 Pb: 978-0-415-46429-1: £22.99 eBook: 978-0-203-85487-7 For more information, visit: www.routledge.com/9780415464291

Elena Martellozzo, Middlesex University, UK Online Child Sexual Abuse: Grooming, Policing and Child Protection in a Multi-Media World addresses the complex, multi-faceted and, at times, counter-intuitive relationships between online grooming behaviours, risk assessment, police practices, and the actual danger of subsequent abuse in the physical world. Online child sexual abuse has become a high profile and important issue in public life. When children are victims, there is clearly intense public and political interest and concern. Sex offenders are society’s most reviled deviants and the object of seemingly undifferentiated public fear and loathing. This may be evidenced in ongoing efforts to advance legislation, develop police tactics and to educate children and their carers to engage with multi-media and the internet safely. Understanding how sex offenders use the internet and how the police and the government are responding to their behaviour is central to the development of preventative measures. Based on extensive ethnographic research conducted with the police and a specialist paedophile unit, here Elena Marellozzo presents an informed analysis of online child sexual abuse: of the patterns and characteristics of online grooming, and of the challenges and techniques that characterize it’s policing. March 2012: 234 x 156: 208pp Hb: 978-0-415-61821-2: £75.00 For more information, visit: www.routledge.com/9780415618212

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Plea Bargaining in National and International Law A Comparative Study Regina Rauxloh, University of Surrey, UK This book analyses plea bargain in different families of law, and drawing on these findings asks to what extent this practice should be developed in international criminal law. The book sets out in-depth studies of consensual case dispositions in the UK, setting out how plea bargaining has developed and spread in England and Wales. It discusses in detail the problems that this practice poses for the rule of law as well as well as the principles of adversarial litigation. The book considers plea-bargaining in the USA as well as in the civil law German justice system. The book also draws on empirical research looking at the absence of informal settlements in the former GDR, offering a unique insight into criminal procedure in a socialist legal system that has been little studied. The book then goes on to look at international criminal law and examine the use of informal negotiations in the International Criminal Tribunal for former Yugoslavia and the International Criminal Tribunal for Rwanda and the possible use in future cases of the International Criminal Court. Selected Contents: 1. Introduction and Methodology 2. Development and the Impact of Plea Bargaining in the English Criminal Justice System 3. Informal Settlements in the Federal Republic of Germany 4. The Absence of Informal Negotiations in the Former GDR 5. Criminal Justice in National and International Contexts 6. Plea Bargaining in International Criminal Law 7. The Future of Plea Bargaining December 2011: 234 x 156: 320pp Hb: 978-0-415-59786-9: £75.00 For more information, visit: www.routledge.com/9780415597869

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Edited by Clare McGlynn, Durham University, UK and Vanessa E. Munro, University of Nottingham, UK

Rethinking Rape Law: International and Comparative Perspectives provides a comprehensive and critical analysis of contemporary rape laws, across a range of jurisdictions.

Selected Contents: 1. Rethinking Rape Law: An Introduction, Clare McGlynn and Vanessa E. Munro Part 1: Conceptual and Theoretical Engagements 2. From Consent to Coercion: Evaluating International and Domestic Frameworks for the Criminalization of Rape, Vanessa E. Munro 3. Rethinking the Criminal Law’s Response to Sexual Offences: On Theory and Context, Michelle Madden Dempsey and Jonathan Herring Part 2: International and Regional Perspectives 4. International Criminal Law and Sexual Violence: An Overview, Alison Cole 5. Learning our Lessons? The Rwanda Tribunal Record on Prosecuting Rape, Doris Buss 6. The Force of Shame, Karen Engle and Annelise Lottman 7. Everyday Rape: International Human Rights Law and Violence Against Women in Peacetime, Alice Edwards 8. Defining Rape under the European Convention on Human Rights: Torture, Consent and Equality, Patricia Londono 9. Rape Law Reform in Africa: More of the Same or New Opportunities?, Heléne Combrinck Part 3: National Perspectives 10. Feminist Activism and Rape Law Reform in England and Wales: A Sisyphean Struggle?, Clare McGlynn 11. All Change or Business as Usual? Reforming the Law of Rape in Scotland, Sharon Cowan 12. Rethinking Croatian Rape Laws: Force, Consent and the ‘Contribution of the Victim’, Ivana Radacˇic´ and Ksenija Turkovic´ 13. Rape in Italian Law: Towards the Recognition of Sexual Autonomy, Rachel Fenton 14. Rethinking Rape Law in Sweden: Coercion, Consent or Non-Voluntariness?, Monica Burman 15. Canadian Sexual Assault Law: Neoliberalism and the Erosion of Feminist-Inspired Law Reforms, Lise Gotell 16. Rape, Law and American Society, Donald A. Dripps 17. Criminal Law and the Reformation of Rape in Australia, Peter D. Rush 18. Reforming the Law of Rape in South Africa, Shereen Mills Part 4: New Agendas and Directions 19. Independent Legal Representation for Complainants in Rape Trials, Fiona Raitt 20. Jury Deliberation and Complainant Credibility in Rape Trials, Louise Ellison and Vanessa E. Munro 21. The Mythology of Male Rape: Social Attitudes and Law Enforcement, Phil Rumney and Natalia Hanley 22. The Cultural Silence of Rape in UK South Asian Communities, Aisha Gill 23. Sexual Assault of Women with Mental Disabilities: A Canadian Perspective, Janine Benedet and Isabel Grant April 2010: 234 x 156: 368pp Hb: 978-0-415-55027-7: £85.00 Pb: 978-0-415-61066-7: £27.99 eBook: 978-0-203-85219-4 For more information, visit: www.routledge.com/9780415610667

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criminal law and evidence

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NEW

NEW

Scientific Foundations of Clinical Assessment

The Right to Silence

Stephen N. Haynes, University of Hawaii, USA, Greg Smith, University of Kentucky, USA and John Hunsley, University of Ottawa, USA

Hannah Quirk, University of Manchester, UK

Series: Foundations of Clinical Science and Practice Scientific Foundations of Clinical Assessment is a user-friendly overview of the most important science-based principles and concepts of clinical assessment. It provides readers with a science-based framework for interpreting assessment research and making good assessment decisions, such as selecting the best instruments and measures, and interpreting the obtained assessment data. Written in a direct and highly readable fashion, this text is one every professional and graduate student needs. March 2011: 229 x 152: 272pp Hb: 978-0-415-87650-6: £52.00 Pb: 978-0-415-87651-3: £15.50 For more information, visit: www.routledge.com/9780415876513

NEW

Transnational Crime and Human Rights Responses to Human Trafficking in the Greater Mekong Subregion Edited by Susan Kneebone and Julie Debeljak, both at Monash University, Australia This book offers an evaluation of responses to the transnational crime of human trafficking and governance of the issue through a case study of the Greater Mekong Subregion (GMS) which comprises Cambodia, the People’s Republic of China, Lao People’s Democratic Republic, Myanmar, Thailand, and Viet Nam. It analyses the international and national legal and policy frameworks and the role of governments, international and national non-governmental institutions, and regional processes, in responding to trafficking issues in the GMS. The advantages and limits of the new international framework for tackling human trafficking are explored from the perspective of the region’s experience with international and national multi-lateral programmes, illustrating how the new international framework for tackling human trafficking has translated into practice. The book considers issues about competing mandates, and gaps in strategies for protection and concludes with a discussion of broader lessons to be learned from the GMS situation and suggestions for future governance strategies in the fight against trafficking. Selected Contents: Part 1: Background 1. The Region and Anti-Trafficking Responses 2. The International Framework: The Trafficking Protocol and Human Rights Part 2: Anti-Trafficking Responses within the GMS 3. Processes within the Region and Implementation of the CTOC Framework 4. Prevention, Prosecution and Protection in the GMS Part 3: Evaluation – Discourses, Mandates and Protection Gaps 5. Human Rights, Gender and Migration 6. Gaps in Protection: The Forgotten Ones 7. Lessons for the Globe

Principle, Pragmatism and Policy Making Within an international context in which the right to silence has long been regarded as sacrosanct, this book provides the first comprehensive, empirically-based analysis of the effects of curtailing the right to silence. The right to silence has served as the practical expression of the principles that an individual was to be considered innocent until proven guilty, and that it was for the prosecution to establish guilt. In 1791, the Fifth Amendment to the US Constitution proclaimed that none ‘shall be compelled in any criminal case to be a witness against himself’. In more recent times, the privilege against self-incrimination has been a founding principle for the International Criminal Court, the new South African constitution and the Ad Hoc International Criminal Tribunals for Rwanda and the former Yugoslavia. Despite this pedigree, over the past thirty years when governments have felt under pressure to combat crime or terrorism, the right to silence has been reconsidered (as in Australia), curtailed (in most of the United Kingdom), or circumvented (by the creation of the military tribunals to try the Guantánamo detainees). The analysis here focuses upon the effects of the Criminal Justice and Public Order Act 1994 in England and Wales. There, curtailing the right to silence was advocated in terms of ‘common sense’ policy-making and was achieved by an eclectic borrowing of concepts and policies from other jurisdictions. The implications of curtailing this right are here explored in detail with reference to the UK, but within a comparative context that examines how different ‘types’ of legal system regard the right to silence and the effects of constitutional protection. Selected Contents: Part 1: Principles versus Pragmatism A ‘Benchmark of Justice?’. A Crime Control Target Part 2: The Right to Silence in Practice The Criminal Justice and Public Order Act 1994. The Right to Silence and Cop Culture. The Right to Silence and the Realities of Legal Representation. The Right to Silence and the Courts Part 3: Policy Making Criminal Justice and ‘Common Sense’ Policy Making. Conclusions: The Right to Silence: Why the Debate must Continue March 2011: 234 x 156: 224pp Hb: 978-0-415-54771-0: £75.00 For more information, visit: www.routledge.com/9780415547710

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Criminology and Governance A Certain Share of Low Cunning David J. Cox, Keele University, UK This book provides an account and analysis of the history of the Bow Street Runners, precursors of today’s police force, through a detailed analysis of a wide range of both qualitative and quantitative research data. Selected Contents: 1. Introduction: Revealing an ’Eleusinian Mystery’ 2. ’Men of Known and Approved Fidelity’: The Development of the Bow Street System 3. ’If the Gentleman Writes, the Gentleman Pays’: The Employers of Principal Officers 4. ’Contending with Desperate Characters’: The Types of Crimes Investigated by Principal Officers 5. ’Police Officers for the Country at Large’: The Nationwide Role of the Principal Officers 6. ’Domiciliary Visits, Spies, and all the Rest of Fouche’s Contrivances’: Six Case Studies of Provincial Investigations by Principal Officers 7. ’More Expert in Tracing and Detecting Crime’: The Post-1829 Situation 8. ’Rescuing from an Historical Cul-de-Sac’: The Legacy of the Bow Street Principal Officers. References February 2010: 234 x 156: 208pp Hb: 978-1-84392-773-0: £45.00 For more information, visit: www.routledge.com/9781843927730

NEW

Age of Imprisonment Elaine M. Crawley, University of Salford, UK and Richard Sparks, University of Edinburgh, UK This book addresses the issue of the rapidly growing number of elderly men entering and serving time in prison. It draws upon extensive original research in four prisons holding concentrations of men aged sixty-five years plus. It examines, in fine-grained detail, the emotional, psychological and practical implications of serving a prison sentence late in life and the challenges facing staff working with this prisoner group. The work reported in this book combines a contextual policy analysis and an appraisal of current regimes and practices with close observation in the field and narrative interviews. This book will be of interest to academics and researchers working in the fields of criminology, prison studies and social studies of ageing, and those working in prisons in Britain and internationally. Selected Contents: 1. Introduction 2. The ’Greying’ of a Prison Population: Our Research in Context 3. Entering Prison in Later Life: Trauma, Survival, Coping and Identity 4. The Invisible Men? Prison Regimes, Routines and Practices 5. Passing Time: The Everyday Lives of Older Prisoners 6. Between Discipline and Care: Staff Perspectives 7. Hidden Injuries: The Problem Re-Stated 8. Uncertain Futures: Death, Release and Resettlement. Conclusions July 2011: 234 x 156: 224pp Hb: 978-1-84392-263-6: £45.00 For more information, visit: www.routledge.com/9781843922636

December 2010: 234 x 156: 192pp Hb: 978-0-415-59425-7: £75.00 For more information, visit: www.routledge.com/9780415594257

Complimentary Exam Copy

e-Inspection New in Paperback Companion Website


c r i m i n o lo g y a n d g ov e r n a n c e

NEW

The Currency of Justice

NEW

Clinician’s Guide to Violence Risk Assessment

Fines and Damages in Consumer Societies

The Criminology of Pleasure

Jeremy F. Mills, Daryl G. Kroner and Robert D. Morgan

Presenting a comprehensive framework for conducting a scientifically grounded violence risk assessment, this book is authoritative, current, and practical. The essentials of doing this type of evaluation are reviewed and available risk appraisal instruments are described for general violence, sexual violence, and spousal violence. The authors provide expert advice on choosing suitable instruments and approaches for particular cases, interpreting the resulting data, and communicating with legal decision-makers. A detailed outline shows how to organize assessment findings into an effective final report; a sample completed report is featured in the appendix.

Selected Contents: Violence Risk Assessment: An Introduction. Violence Risk Factors. Risk Appraisal Instruments. Issues in Risk Assessment. An Integrated–Actuarial Approach to the Assessment and Management of Risk for Violence. The Risk Assessment Process. Telling the Story: An Outline for the Report. Appendix. Sample Violence Risk Assessment. December 2010: 234 x 156: 242pp Hb: 978-1-60623-984-1: £27.00

Pat O’Malley, University of Sydney, Australia

’This small book is immensely satisfying. Like Jane Austin carving exquisitely on a small piece of ivory, Pat O’Malley has taken a sensitive and expert chisel to the very compacted meanings of an overlooked slice of life – monetary regulation via fines, compensation and damages. In so doing, he has also opened up a treasure chest of new conceptions of monetary justice. It seems likely that The Currency of Justice will become a classic in the sociologies of regulation, politics and crime. Meanwhile, it should be compulsory reading for students of the changing relationships between money, justice and politics, and a sheer joy-to-read for any and every one fascinated by the way we live now.’ – Pat Carlen, The British Journal of Criminology, vol. 49 no. 6 (November 2009) The Currency of Justice examines the broad implications of the ‘monetization of justice’ as more and more of life is regulated through this single medium. Money not only links together legal sanctions, but links legal sanctions to the much broader array of techniques for governing everyday life.

For more information, visit: www.routledge.com/9781606239841

Selected Contents: 1. Money and Monetary Sanctions 2. Penal Fines 3. Regulatory Fines 4. Monetary Damages 5. The Currency of Justice

The Dynamics of Desistance

2009: 234 x 156: 199pp Hb: 978-0-415-42567-4: £80.00 Pb: 978-1-84568-112-8: £24.99 eBook: 978-0-203-88181-1

Deirdre Healy Series: International Series on Desistance and Rehabilitation It is well-established that the majority of offenders cease to commit crime in early adulthood, but the mechanisms behind the shift from a criminal to a conventional lifestyle are not fully understood. The Dynamics of Desistance aims to contribute to this nascent area of inquiry by providing a phenomenological account of the psychosocial processes involved in desistance from crime. Drawing on a variety of methods, including in-depth interviews with repeat offenders and their probation officers, police records and psychometric scores, this book charts the early stages of a journey taken by individuals who exist in the liminal space ‘betwixt and between’ crime and convention. A combination of quantitative and qualitative analysis is used to explore the shifts that occur in desisters’ minds and lives as they make the often turbulent transition to a crime-free life, and the dynamic processes that occur at this psychosocial boundary are described. The theoretical and practical implications of the findings in this book are explored in relation to key issues in desistance literature, and as such this book provides a key resource for academics and students working with the area of probation, as well as practitioners in involved in probation, social work and parole supervision. Selected Contents: 1. Desistance and Reintegration 2. Issues and Challenges 3. Person and Place 4. Thinking, Attitudes and Social Circumstances 5. Multiple Roads to Desistance 6. Into the Crucible 7. A Catalyst for Change? 8. Looking Forward 9. Betwixt and Between May 2010: 234 x 156: 240pp Hb: 978-1-84392-783-9: £40.00

For more information, visit: www.routledge.com/9781845681128

Mike McGuire and Simon Hallsworth, both at London Metropolitan University, UK The Criminology of Pleasure offers a new way of thinking about crime and crime control, as it maintains that the very rationale of the criminal justice system lies in the channelling of desire and regulating of pleasure. Criminology has only confronted the importance of the desire/pleasure nexus tangentially: through the reference to transgression, resistance and edge-work, and in its concern with social marginalization. The Criminology of Pleasure, however, argues for the fundamental importance of desire/pleasure in understanding social order and control. Whilst ostensibly concerned with crime and its control, the criminal justice system is, the authors argue, centred upon a more fundamental project – that of managing desire. Precisely what this means is systematically articulated here: first, by considering how various pleasures have been regulated in history; and, second, by mapping the key ways in which desire is now regulated. In a political landscape that has witnessed attempts both on the part of the political right and left to attack and replace criminology with something else – a science of crime or a science of social harm – this book not only provides a highly original analysis; but also a radical, innovative and heretical defence of criminology. Selected Contents: Introduction: Welcome to the Pleasure Dome Part 1: On Desire and Pleasure 1. Theorising Desire/Pleasure 2. Mapping Desire/Pleasure Part 2: A Brief History of Pleasure and its Regulation 3. Pre-Modern Pleasure Regimes 4. Modernity and its Pleasure Regimes Part 3: Crime, Justice and Contemporary Pleasure Regimes 5. The Pleasures of Crime 6. The Pleasures of Control. Conclusion: A Criminology of Pleasure January 2011: 234 x 156: 224pp Hb: 978-0-415-54778-9: £75.00 For more information, visit: www.routledge.com/9780415547789

NEW

Desistance from Sex Offending Alternatives to Throwing Away the Keys D. Richard Laws and Tony Ward

This book offers a fresh perspective on treating a population that is often demonized by policy-makers, the public, and even clinicians. The authors argue that most sex offenders are ’people like us,’ with the potential to lead meaningful, law-abiding lives – if given a chance and appropriate support. They describe an empirically and theoretically grounded rehabilitation approach, the Good Lives Model, which can be integrated with the assessment and intervention approaches that clinicians already use. Drawing on the latest knowledge about factors promoting desistance from crime, the book discusses how encouraging naturally occurring desistance processes, and directly addressing barriers to community reintegration, can make treatment more effective and long lasting.

Selected Contents: Part 1: General Issues Introduction Part 2: The Criminological Perspective Defining and Measuring Desistance. The Age-Crime Curve: A Brief Overview. Major Theories of Desistance. Factors Influencing Desistance. Two Major Theories of Desistance Part 3: The Forensic Psychological Perspective Do Sex Offenders Desist? Sex Offender Treatment and Desistance Part 4: Reentry and Reintegration Barriers to Reentry and Reintegration. Overcoming Barriers to Reentry and Reintegration Part 5: Recruitment The Unknown Sex Offenders: Bringing Them in from the Cold. Blending Theory and Practice: A Crimininological Perspective Part 6: Desistance-Focused Intervention The Good Lives Model of Offender Rehabilitation: Basic Assumptions, Etiological Commitments, and Practice Implications. The Good Lives Model and Desistance Theory and Research: Points of Convergence. The Good Lives-Desistance Model: Assessment and Treatment Part 7: Where to from Here? Dignity, Punishment, and Human Rights: The Ethics of Desistance. Moral Strangers or One of Us?: Concluding Thoughts November 2010: 234 x 156: 306pp Hb: 978-1-60623-935-3: £30.50 For more information, visit: www.routledge.com/9781606239353

For more information, visit: www.routledge.com/9781843927839

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11


criminology and governance

12

NEW

NEW

NEW

Drugs, Crime and Public Health

Eco Crime and Genetically Modified Food

The Political Economy of Drug Policy

Reece Walters, The Open University, UK

Escape Routes: Contemporary Perspectives on Life after Punishment

Alex Stevens, University of Kent, UK

Drugs, Crime and Public Health provides an accessible but critical discussion of recent policy on illicit drugs. Using a comparative approach – centred on the UK, but with insights and complementary data gathered from the USA and other countries – it discusses theoretical perspectives and provides new empirical evidence which challenges prevalent ways of thinking about illicit drugs. It argues that problematic drug use can only be understood in the social context in which it takes place, a context which it shares with other problems of crime and public health. The book demonstrates the social and spatial overlap of these problems, examining the focus of contemporary drug policy on crime reduction. This focus, contends Alex Stevens, has made it less, rather than more, likely that long-term solutions will be produced for drugs, crime and health inequalities. Stevens concludes, through examining competing visions for the future of drug policy, with an argument for social solutions to these social problems.

The GM debate has been ongoing for over a decade, yet it has been contained in the scientific world and presented in technical terms. Eco Crime and Genetically Modified Food brings the debates about GM food into the social and criminological arena.

Selected Contents: 1. Starting Points: Drugs, Values and Drug Policy 2. ‘Afflictions of Inequality’? The Social Distribution of Drug Use, Dependence and Related Harms 3. Beyond the Tripartite Framework: The Subterranean Structuration of the Drug-Crime Link 4. Telling Policy Stories: Governmental Use of Evidence and Policy on Drugs and Crime 5. The Ideology of Exclusion: Cases in English Drug Policy 6. The Effects of Drug Policy 7. International Perspectives: Does Drug Policy Matter? 8. Towards Progressive Decriminalisation September 2010: 234 x 156: 216pp Hb: 978-0-415-49104-4: £75.00 Pb: 978-0-415-61067-4: £27.99 eBook: 978-0-203-84416-8 For more information, visit: www.routledge.com/9780415610674

This book highlights the criminal and harmful actions of state and corporate officials. It concludes that corporate and political corruption, uncertain science, bitter public opposition, growing farmer concern and bankruptcy, irreversible damage to biodervisty, corporate monopolies and exploitation, disregard for social and cultural practices, devastation of small scale and local agricultural economies, imminent threats to organics, weak regulation, and widespread political and biotech mistrust – do not provide the bases for advancing and progressing GM foods into the next decade. Yet, with the backing of the WTO, the US and UK Governments march on – but at what cost to future generations? Selected Contents: 1. Introduction: Planting the Seed 2. The Politicisation of GM: Terrain, Terms and Concepts 3. The Perils, Prospects and Controversies of GM Food 4. Risk, Public Opinion and Consumer Resistance 5. Biotech, Papal and Trade ‘Wars’: Third World Hunger, Exploitation and the Politics of GM Food 6. Regulatory Regimes: Ensuring Safety or Enhancing Profits? 7. Green Criminology: Power, Harm and (In) Justice 8. Reflections and Conclusions September 2010: 234 x 156: 176pp Hb: 978-1-904385-22-6: £70.00 eBook: 978-0-203-84415-1 For more information, visit: www.routledge.com/9781904385226

Flashback Drugs and Dealing in the Golden Age of the London Rave Scene

NEW

Jennifer Ward, Middlesex University, UK

Electronically Monitored Punishment

Series: Crime Ethnography

International and Critical Perspectives Edited by Mike Nellis, Ralph Bas, Kristel Beyens and Dan Kaminski Since the 1980s, electronic monitoring has been successfully introduced in a number of countries worldwide. Much of the literature on electronic monitoring has been produced by officials and researchers directly involved in the implementation of experimental electronic monitoring programmes and has been subject to little critical scrutiny. This book addresses the broader factors in electronic monitoring’s development. Drawing on recent developments in the sociology of punishment and crime control, this book will develop a critical criminological perspective on electronic monitoring in selective countries around the world. May 2011: 234 x 156: 256pp Hb: 978-1-84392-273-5: £40.00 For more information, visit: www.routledge.com/9781843922735

Complimentary Exam Copy

This book is a detailed and close examination of the rave club drugs market as it took place in nightclubs, dance parties, pubs and bars and among friendship networks in London, in the mid to late 1990s. It focuses on the organisational features of drugs purchasing and selling and differentiates anonymous drugs trading in public nightclub settings, from selling among extended networks of friends and others. The stories of different people and friendship groups illustrate the varied drug selling roles and highlight the enterprise and entrepreneurship supporting their involvement. Told from the perspective of author’s own membership in this night-time leisure culture, and embracing the disciplines of urban sociology and cultural criminology, this book contributes to our knowledge of recreational drugs markets and night-time leisure cultures. It will be of interest to students and academics with interests in these fields, as well as the many other people whose lives became a part of this vibrant leisure scene.

Edited by Stephen Farrall, University of Keele, UK, Richard Sparks, University of Edinburgh, UK, Shadd Maruna, Queen’s University Belfast, UK and Mike Hough, Kings College London, UK

Escape Routes: Contemporary Perspectives on Life After Punishment addresses the reasons why people stop offending, and the processes by which they are rehabilitated or resettled back into the community. Engaging with, and building upon, renewed criminological interest in this area, Escape Routes nevertheless broadens and enlivens the current debate. First, its scope goes beyond a narrowly-defined notion of crime and includes, for example, essays on religious redemption, the lives of ex-war criminals, and the relationship between ethnicity and desistance from crime. Second, contributors to this volume draw upon a number of areas of contemporary research, including urban studies, philosophy, history, religious studies, and ethics, as well as criminology. Examining new theoretical work in the study of desistance and exploring the experiences of a number of groups whose experiences of life after punishment do not usually attract much attention, Escape Routes provides new insights about the processes associated with reform, resettlement and forgiveness. Intended to drive our understanding of life after punishment forward, its rich array of theoretical and substantive papers will be of considerable interest to criminologists, lawyers, and sociologists. Selected Contents: Introduction: Life after Punishment: Identifying New Strands in the Research Agenda, Stephen Farrall, Shadd Maruna, Mike Hough and Richard Sparks 1. Applying Redemption through Film: Challenging the Sacred-Secular Divide, Christopher Deacy 2. Steps Towards Desistance Among Male Young Adult Recidivists, Anthony Bottoms and Joanna Shapland 3. Youth Justice? The Impact of System Contact on Patterns of Desistance, Lesley McAra and Susan McVie 4. Feminist Research, State Power and Executed Women: The Case of Louie Calvert, Anette Ballinger 5. Paths of Exclusion, Inclusion and Desistance: Understanding Marginalized Young People’s Criminal Careers, Robert MacDonald, Colin Webster, Tracy Shildrick and Mark Simpson 6. The Reintegration of Sexual Offenders: From a ‘Risks’ to a ‘Strengths-Based’ Model of Offender Resettlement, Anne-Marie McAlinden 7. All in the Family: The Importance of Support, Tolerance and Forgiveness in the Desistance of Male Bangladeshi Offenders, Adam Calverley 8. Inside-Out – Transitions from Prison to Everyday Life: A Qualitative Longitudinal Approach, Mechthild Bereswill 9. ’I Can’t make my Own Future’: White-Collar Offenders’ Anticipation of Release from Prison, Ben Hunter 10. Life after Punishment for Nazi War Criminals. Reputation, Careers and Normative Climate in Post-War Germany, Susanne Karstedt December 2010: 234 x 156: 256pp Hb: 978-0-415-55034-5: £75.00 eBook: 978-0-203-83588-3 For more information, visit: www.routledge.com/9780415550345

May 2010: 234 x 156: 192pp Hb: 978-1-84392-791-4: £45.00 For more information, visit: www.routledge.com/9781843927914

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Framing Crime

Hearing the Victim

Foucault and Criminology

Cultural Criminology and the Image

An Introduction

Edited by Keith Hayward, University of Kent, UK and the late Mike Presdee, University of Kent, UK

Adveresarial Justice, Crime Victims and the State

Veronique Voruz, University of Leicester, UK Foucault and Criminology: An Introduction provides an introduction to Michel Foucault, written from the perspective of criminology’s engagement with his work. Foucault’s writing has become a central reference in theoretical and sociological criminology generally and, more specifically, in what Jock Young has called ‘control theory’. The main purpose of this book is to offer a better, clearer and deeper understanding of ongoing criminological debates to both undergraduate and research students in criminology by outlining the theoretical framework which criminologists have taken from Foucault. Its second purpose is to trace the evolution of Foucault’s political project and to counterpose the thrust of his elaborations to the more pedestrian applications of his critical analyses of the present in the field of criminology. In these respects, Foucault and Criminology offers a ’map’ to guide students and practitioners of criminology: both through Foucault’s own writings and those of contemporary criminologists whose work may be characterised as Foucauldian. In so doing, it also pursues the argument that Foucault’s historical and theoretical analyses of discipline, power and governance must be understood in the context of his overall project if criminologists are to avoid reducing Foucault’s radicality, and to reclaim the critical, and resistive, potential of his work. Selected Contents: 1. Mapping ‘Foucauldian’ Criminology 2. ’Questions of Method’ 3. Rationalities of Power and Strategies of Government 4. Dangerousness, Risk, Security 5. A Critical Engagement with Foucauldian Criminology 6. Foucauldian Criminology as Political Project? April 2011: 234 x 156: 208pp Hb: 978-0-415-46040-8: £75.00 Pb: 978-0-415-46041-5: £22.99 eBook: 978-0-203-09005-3 For more information, visit: www.routledge.com/9780415460415

A History of Drugs Drugs and Freedom in the Liberal Age Toby Seddon, University of Manchester, UK

A History of Drugs details the history of the relationship between drugs and freedom over the last two hundred years; thus disturbing and unravelling the ‘naturalness’ of the ‘drug question’, as it traces the multiple and heterogeneous lines of development out of which it has been assembled.

Selected Contents: 1. Introduction: Drugs, Freedom and Liberalism 2. A Conceptual Map: Freedom, the ‘Will’ and Addiction 3. Opium, Regulation and Classical Liberalism: The Pharmacy Act 1868 4. Drugs, Prohibition and Welfarism: The Dangerous Drugs Act 1920 5. Drugs, Risk and Neo-Liberalism: The Drugs Act 2005 6. Drugs as a Regulation and Governance Problem 7. Conclusions: Drugs and Freedom in the Liberal Age

In a world in which media images of crime and deviance proliferate, where every facet of offending is reflected in a ‘vast hall of mirrors’, Framing Crime: Cultural Criminology and the Image makes sense of the increasingly blurred line between the real and the virtual.

Images of crime and crime control have become almost as ’real’ as crime and criminal justice itself. The meaning of both crime and crime control now resides, not solely in the essential – and essentially false – factuality of crime rates or arrest records, but also in the contested processes of symbolic display, cultural interpretation, and representational negotiation. It is essential, then, that criminologists are closely attuned to the various ways in which crime is imagined, constructed and framed within modern society. Framing Crime responds to this demand with a collection of papers aimed at helping the reader to understand the ways in which the contemporary ‘story of crime’ is constructed and promulgated through the image. It also provides the relevant analytical and research tools to unearth the hidden social and ideological concerns that frequently underpin images of crime, violence and transgression. Framing Crime will be of interest to students and academics in the fields of criminology, crime and the media, and sociology. Selected Contents: 1. Opening the Lens: Cultural Criminology and the Image Keith Hayward 2. Crime, Punishment and the Force of Photographic Spectacle Phil Carney 3. The Decisive Moment: Documentary Photography and Cultural Criminology Jeff Ferrell and Cécile Van de Voorde 4. Hindley’s Ghost: The Visual Deconstruction of Maxine Carr Phil J. Jones and Claire Wardle 5. Screening Crime: Cultural Criminology goes to the Movies Majid Yar 6. The Scene of the Crime: Is there Such a Thing as ‘Just Looking’? Alison Young 7. Imagining the ‘War on Terror’: Fiction, Film, and Framing Alexandra Campbell 8. Framing the Crimes of Colonialism: Critical Images of Aboriginal Art and Law Chris Cuneen 9. ‘Drive it Like you Stole It’: Cultural Criminology, Images and Automobiles in Advertisements Stephen L. Muzzati 10. Staging an Execution: The Media at McVeigh, Bruce Hoffman and Michelle Brown 11. Fighting with Images: The Production and Consumption of Violence among Online Football Supporters Damián Zaitch and Tom de Leeuw 12. A Reflected Gaze of Humanity: Cultural Criminology and Images of Genocide, Wayne Morrison January 2010: 234 x 156: 224pp Hb: 978-0-415-45903-7: £85.00 Pb: 978-0-415-45904-4: £29.99 eBook: 978-0-203-88075-3 For more information, visit: www.routledge.com/9780415459044

2009: 234 x 156: 200pp Hb: 978-0-415-48027-7: £75.00 Pb: 978-0-415-58960-4: £27.99 eBook: 978-0-203-88083-8 For more information, visit: www.routledge.com/9780415589604

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Edited by Anthony Bottoms, University of Sheffield, UK and Julian Roberts, University of Oxford, UK Series: Cambridge Criminal Justice Hearing the Victim brings together leading authorities in the field to review the role of the victim in the criminal justice system in the context of recent legislative developments to ’rebalance the criminal justice system in favour of the victim’. Selected Contents: Preface, Anthony Bottoms and Julian Roberts 1. The Victim, the State, and Civil Society, Matt Matravers 2. The ’Duty to Understand’: What Consequences to Victim Participation?, Anthony Bottoms 3. The Status of Crime Victims and Witnesses in the Twenty-First Century, Helen Reeves and Peter Dunn 4. ’Rebalancing the Criminal Justice System in Favour of the Victim’: The Costly Consequences of Populist Rhetoric, Michael Tonry 5. The Phenomenon of Victim-Offender Overlap: A Study of Offences against Households, Anthony Bottoms and Andrew Costello 6. The Victim and the Prosecutor, John Spencer 7. Victims at Court: Necessary Accessories or Principal Players at Cozijn Centre Stage?, Joanna Shapland and Matthew Hall 8. ’Hearing Victims of Crime’: The Delivery of Impact Statements as Ritual Behaviour in Four London Trials for Murder and Manslaughter, Paul Rock 9. Communication at Sentencing: The Expressive Function of Victim Impact Statements, Julian Roberts and Edna Erez 10. Victim input at Parole: Probative or Prejudicial?, Nicola Padfield and Julian Roberts. Index March 2010: 234 x 156: 320pp Hb: 978-1-84392-272-8: £39.95 For more information, visit: www.routledge.com/9781843922728

NEW

Just Authority? Jonathan Jackson, Ben Bradford, University of Edinburgh, UK, Betsy Stanko and Katrin Hohl, London School of Economics, UK Just Authority? provides the most authoritative and comprehensive analysis thus far of the meaning, distribution and significance of trust in the police and the legitimacy of legal authorities. Selected Contents: Part 1: Introduction 1. The Contribution of this Book 2. What is Trust in the Police and Police Legitimacy? 3. The Policy Context of Trust and Legitimacy Part 2: Historical Trends in Public Confidence in Policing 4. Convergence not Divergence: Public Contact and Confidence in Twenty Years of the British Crime Survey 5. Ethnicity and Confidence in Policing: Historical Trajectories Part 3: New Measures of Trust in the Police 6. The Meaning and Measurement of Trust in the Police 7. Which Social Groups are most Trusting of the Police? Part 4: Explaining Trust in the Police 8. Contact with the Police: Are Personal Encounters with the Police Important? 9. The Role of the Mass Media in Public Trust in the Police 10. Neighbourhood: Does it Matter where One Lives? 11. Relational Concerns and the Fear of Crime 12. Ideology and Sensitivity to Disorder Part 5: Trust in Justice and the Legitimacy of Legal Authorities 13. The Meaning and Measurement of Police Legitimacy 14. Compliance, Legitimacy and the Procedural Justice Model 15. Does the Procedural Justice Model Apply across Majority and Minority Groups? Part 6: Conclusions 16. Recap of the Findings 17. Reflections on our Experience Translating the Research Findings to the Metropolitan Police Service July 2011: 234 x 156: 256pp Hb: 978-1-84392-848-5: £45.00 For more information, visit: www.routledge.com/9781843928485

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criminology and governance

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NEW

NEW IN 2012

NEW

Lost in Transition

Night Clubbing

Penal Power and Colonial Rule

Edited by Friedrich Lösel, Cambridge University, UK, Anthony Bottoms, University of Sheffield, UK and David P. Farrington

Daniel Silverstone, University of Portsmouth, UK

Mark Brown, Melbourne University, Australia

Series: Crime Ethnography

Penal Power and Colonial Rule provides an account of the distinctive way in which criminology developed outside the metropolitan centre. Proposing a radical revision of the Foucauldian thesis that criminological knowledge emerged in the service of a new form of power – discipline – that had inserted itself into the very centre of punishment, it argues that Foucault’s alignment of sovereign, disciplinary and governmental power will, necessarily, need to be re-read and re-balanced to account for its operation in the colonial sphere. For, although the emergence of disciplinary power and its attendant forms of knowledge provided for key social transformations in the modernising metropolitan state, in colonial states power was almost exclusively sovereign and governmental (bio-political), with disciplinary strategies given only limited and equivocal attention. In order to develop this argument, and give an account of the emergence of colonial criminology as a form of knowledge distinct from its metropolitan counterpart, this book provides an analysis of the key British colonial experience in India from the 1820s to the early 1920s. This analysis documents a colonial criminology, that was tied in crucial ways to the demands of colonial governance, whose birth can be placed fifty years or more before Lombroso or Ferri stepped upon the European stage: a criminology that developed its own unique modes of analysis, representation and measurement independent of metropolitan theory and practice.

Series: Cambridge Criminal Justice This book brings together leading experts to analyse both theoretical and policy issues relating to young adults and their treatment in the criminal justice system exploring different approaches to crime prevention and the treatment of offenders. Selected Contents: 1. Introduction 2. Risk Factors for Young Adult Offenders, David P. Farrington 3. Mental Health Problems in Young Adults and their Relation to Offending, Sheilagh Hodgins 4. Young Adult Offenders in Prisons and in Young Offender Institutions, Alison Liebling 5. Correctional Treatment and Protective Factors in Processes of Desistance, Friedrich Lösel 6. Young Women in Transition: From Offending to Desistance, Monica Barry 7. Youth, Alcohol, and Aggression, Mary McMurran 8. Perceptions of the Criminal Justice System, Anthony Bottoms and Joanna Shapland 9. Young Adult Offenders in the Criminal Justice Systems of European Countries, Frieder Dunkel 10. Lost in Transition: A Summary of the Report of the Commission, Sukhvinder Stubbs June 2011: 234 x 156: 256pp Hb: 978-1-84392-271-1: £39.95 For more information, visit: www.routledge.com/9781843922711

Radicalization The Life Writings of Political Prisoners

This book provides a vivid account of drug use and drug dealing in club land in modern urban Britain, drawing on the author’s experience of working in a London night club. It opens up the real world of the night-time economy, exploring the workings of a criminal door firm working in a large night club with a particular focus on the role of recreational drug use. The mechanics of the drugs trade within the night-time economy are described from the perspective of the key actors, and new light is shed on the way users of these clubs perceive and justify their often risky leisure choices. In broader terms the book seeks to re-work our understanding of the night-time economy and the role drugs play within it. Instead of characterising these trends as uniformly negative it argues that this dance drug subculture presents a risky, but less violent alternative to the mainstream. It explores both the different strategies of regulation taken towards these developments, and the normative and practical problems associated with other current approaches. Overall it provides a highly readable vindication of the ethnographic approach. Selected Contents: Introduction 1. The Night-Time Economy 2. The Growth of Drug Subcultures 3. The Club 4. The Regulators 5. Drug use at Night 6. The Punters 7. Regulation 8. Regulating the Liminal February 2012: 234 x 156: 240pp Hb: 978-1-84392-209-4: £45.00 For more information, visit: www.routledge.com/9781843922094

Melissa Dearey, University of Hull, UK

Expanding the influence of auto/biography studies into cultural criminology, Radicalization: The Life Writings of Political Prisoners addresses the origins, processes and cultures of terrorist criminality and political resistance in a globalized world.

Criminologists and penologists have long been aware of the sheer volume of autobiography emerging from our prisons. Political prisoners, POWs, freedom fighters and terrorists have been consistently and strongly represented in this corpus of work, including such authors as Bobby Sands, Wole Soyinka, Nelson Mandela, Moazzam Begg, Ngugi wa Thiong’o, Angela Davis, George Jackson, and Aung San Suu Kyi among others. For many of those who have been detained for ostensibly politically motivated crimes, life writing has proven to be indispensable in explaining the causes and processes which account for their situation. Embedded with these life writings are narratives of radicalization or resistance. Melissa Dearey here undertakes an international and comparative analysis of such narratives, where the ’life story’ is considered as a mode of expressing and transmitting ’radical’ cultural values. Selected Contents: 1. What is Radicalization? From the Civil Society to the Enemy Within 2. Using Auto/Biographical Methodologies to Analyze Radicalization 3. ‘There are So Many Roots ’: Sex, Sexuality, Gender and the Body in Political Prisoner Radicalization Narratives 4. ‘I Felt Myself Turning Cold like the Bottle of Coke’: Children, Childhood and ‘The Child’ in Political Prisoner Radicalization Narratives 5. Is Radicalization a Family Affair? A Tale of Two Families 2009: 234 x 156: 304pp Hb: 978-0-415-46772-8: £80.00 eBook: 978-0-203-86450-0

NEW

Offending Girls Gilly Sharpe, University of Sheffield, UK Girls’ bad behaviour has attracted seemingly relentless poplar attention in recent years, with girls’ violence and girl gangs commonly constructed as urgent and growing social problems. At the same time, the number of young women entering the youth justice system, including youth custody, has increased dramatically. This book is based on detailed qualitative research in two Youth Offending Teams and a Secure Training Centre – the first study of its kind since the ’modernization’ of the youth justice system over a decade ago. It explores young women’s accounts of their pathways into crime and the impact of youth justice intervention on their everyday lives. It also analyses professionals’ accounts of young female offenders, including the extent to which discourses problematising female youthful behaviour have infiltrated professional discourse. Offending Girls challenges simplistic and demonising representations of ’bad’ girls in the twenty-first century and argues that the interventionist thrust which characterises the contemporary youth justice system has had a particularly pernicious impact on girls. Selected Contents: 1. Historical Representations of Bad Girls 2. Explaining Girls Offending 3. Counting Offending Girls 4. Responding to Offending Girls 5. Offending Girls in Profile 6. The Trouble with Girls Today: Professional Perspectives 7. Accounting for Trouble: The Girls Perspectives 8. Conclusion References. Index May 2011: 234 x 156: 256pp Hb: 978-1-84392-758-7: £40.00

Drawing on postcolonial theory to ask whether we can speak of ‘colonial modernity’ or ‘the colonial state’ in the singular, it is, moreover, through the critical engagement of this analysis with Foucault’s theoretical and historical account of the development of criminology that Penal Power and Colonial Rule opens up a new, and unduly negleted area of research. Selected Contents: 1. Introduction Part 1: Framework 2. Power, Knowledge, Reason 3. Colonialism and Postcolonialism Part 2: Colonial Criminology 4. Out of History: Ethnologies of Deviance 5. Locating in Space: Cartographies of Disorder 6. Perceiving the Other: Representations of Limit 7. Rational Management: Architectures of Control Part 3: Power and Order 8. Colonial Power, Colonial Criminology 9. Postcolonial Futures December 2011: 234 x 156: 208pp Hb: 978-0-415-45213-7: £75.00 eBook: 978-0-203-88081-4 For more information, visit: www.routledge.com/9780415452137

Release from Prison Edited by Nicola Padfield, University of Cambridge, UK, Dirk Van Zyl Smit and Frieder Dünkel, University of Greifswald, Germany This book addresses the current debates surrounding the release of prisoners, offering an invaluable survey of the situation in a number of European countries in a comparative perspective, and focusing on issues of fairness and justice. February 2010: 234 x 156: 480pp Hb: 978-1-84392-741-9: £55.00 For more information, visit: www.routledge.com/9781843927419

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The Origins of Criminology

NEW

NEW

A Reader

Risk Assessment for Juvenile Violent Offending

Security Games

Edited by Anna Costanza Baldry and Andreas Kapardis

Edited by Colin J. Bennett, University of Victoria, USA and Kevin D. Haggerty

This volume is the result of an EU project involving two different European countries (Italy and Cyprus) on risk and needs assessment for juvenile violent offenders.

Security Games addresses the impact of mega-events – such as the Olympic Games and the World Cup – on wider practices of security and surveillance. ’MegaEvents’ pose peculiar and extensive security challenges. The overwhelming imperative is that ’nothing should go wrong.’ There are, however, an almost infinite number of things that can ’go wrong’; producing the perceived need for pre-emptive risk assessments, and an expanding range of security measures, including extensive forms and levels of surveillance. These measures are delivered by a ’security/industrial complex’ consisting of powerful transnational corporate, governmental and military actors, eager to showcase the latest technologies and prove that they can deliver ’spectacular levels of security’. Mega-events have thus become occasions for experiments in monitoring people and places. And, as such, they have become important moments in the development and dispersal of surveillance, as the infrastructure established for mega-events are often marketed as security solutions for the more routine monitoring of people and place. Mega-events, then, now serve as focal points for the proliferation of security and surveillance. They are microcosms of larger trends and processes, through which – as the contributors to this volume demonstrate – we can observe the complex ways that security and surveillance are now implicated in unique confluences of technology, institutional motivations, and public-private security arrangements. As the exceptional conditions of the mega-event become the norm, Security Games therefore provides the glimpse of a possible future that is more intensively and extensively monitored.

Edited by Nicole H. Rafter, Northeastern University, USA

’The Origins of Criminology: A Reader brings together an unprecedented range of materials illustrating early criminological thought. As such, it is sure to become required reading for undergraduate criminology, social history and sociology courses, as well as a well-thumbed resource for the growing number of scholars researching and writing in the field.’ – Neil Davie, Professor of British History, Université Lumière Lyon 2, France The Origins of Criminology: A Reader is a collection of nineteenth-century texts from the key originators of the practice of criminology – selected, introduced, and with commentaries by the leading scholar in this area, Nicole Rafter. This book presents criminology as a unique field of study that took root in a context in which urbanization, immigration, and industrialization changed the class structure of western nations. As relatively homogenous communities became more sharply divided and aware of a bottom-most group, the ’dangerous classes’, a new segment of the middle class emerged: professionals involved in the work of social control. Tracing the intellectual origins of criminology to physiognomy, phrenology, and evolutionary theories, this book demonstrates criminology’s background in new attitudes toward science and the development of scientific methodologies applicable to social and mental phenomena. Through an expert selection of original texts, it traces the emergence of ‘criminology’ as a new field purporting to produce scientific knowledge about crime and criminals.

Selected Contents: Section 1: Eighteenth-Century Predecessors Section 2: Phrenology Section 3: Moral and Mental Insanity Section 4: Evolution, Degeneration, and Heredity Section 5: The Underclass and the Underworld Section 6: Criminal Anthropology Section 7: Habitual Criminals and Their Identification Section 8: Eugenic Criminology Section 9: Criminal Statistics Section 10: Sociological Approaches to Crime 2009: 234 x 156: 376pp Hb: 978-0-415-45111-6: £95.00 Pb: 978-0-415-45112-3: £29.99 eBook: 978-0-203-86994-9 For more information, visit: www.routledge.com/9780415451123

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Tac Kate O’Brien, University of Kent, UK Series: Crime Ethnography Drawing on a two-year ethnographic study undertaken in a Northern city in the UK, this book explores the political economy of drug dealing and crime amongst children and young people at the local level. It also provides illuminating description and analyses of the gendered nature of their drug taking practices and rituals. July 2011: 234 x 156: 256pp Hb: 978-1-84392-206-3: £45.00 For more information, visit: www.routledge.com/9781843922063

Selected Contents: 1. Introduction: Juvenile Delinquency and Justice in the EU, Andreas Kapardis 2.1 Juvenile Delinquency and Juvenile Justice in Italy, S. Pesarin, G. Scardaccione, O. Iannace and S. Maccioni 2.2 Juvenile Delinquency and Juvenile Justice in Cyprus, Andreas Kapardis 3. Risk Assessment in Juvenile Offenders, Raymond Corrado 4. The EARN Project, Anna C. Baldry, Linda Scognamiglio and Cesare Porcaro Instrument used Methodological Considerations Theoretical Framework and Hypotheses 5. The EARN Project in Italy, Anna C. Baldry, Cesare Porcaro, Linda Scognamiglio, Orlando Iannace and Maria Teresa Pelliccia Sample, Experimental and Control Groups Findings Policy Implications 6. The EARN Project in Cyprus, Andreas Kapardis and George Poyiadjis Sample, Experimental and Control Groups Findings Policy Implications 7. Conclusions, Andreas Kapardis, Anna C. Baldry and Serenella Pesarin. Index August 2011: 234 x 156: 176pp Hb: 978-1-84392-822-5: £45.00 For more information, visit: www.routledge.com/9781843928225

Risk, Power and the State After Foucault Magnus Hörnqvist, Stockholm University, Sweden

Risk, Power and the State addresses how power is exercised in and by contemporary state organisations. Through a detailed analysis of programmatic attempts to shape behaviour linked to considerations of risk, this book pursues the argument that, whilst Foucault is useful for understanding power, the Foucauldian tradition – with its strands of discourse analysis, of governmentality studies, or of radical Deleuzian critique – suffers from a lack of clarification on key conceptual issues. Oriented around four case studies, the architecture of the book devolves upon the distinction between productive and repressive power. These studies reveal that power, as conceptualised within the Foucauldian tradition, must be modified. A more complex notion of productive power is needed, which covers interventions that appeal to desires, and which govern both at a distance and at close range. Additionally, the simplistic paradigm of repressive power is called into question by the need to consider the organising role of norms and techniques that circumvent agency. Finally, it is argued, Foucault’s concept of strategies – which accounts for the thick web of administrative directives, organisational routines, and techniques that simultaneously shape the behaviour of targeted individuals and members of the organisation – requires an organisational dimension that is often neglected in the Foucauldian tradition.

Selected Contents: Introduction. Activation Quaranteed: Individualizing the Pressure to Perform. Subjected Freedom: The Productivity of Power. Institutional Order: Guiding Repression through Risk. Generalized Control: Negotiating Contradictory Expectations through Risk. Conclusions February 2010: 234 x 156: 192pp Hb: 978-0-415-54768-0: £75.00 eBook: 978-0-203-85705-2 For more information, visit: www.routledge.com/9780415547680

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Surveillance and Control at Mega-Events

Selected Contents: Editorial Introduction Colin J. Bennett and Kevin Haggerty 1. Event Driven Security Policies and Spatial Control: The 2006 World Cup Stephanie Baasch 2. No Olympics without Ares: Security Expressions of First-Class Global Citizenship Daniel Bernhard, and Aaron Martin 3. Mobilizing Knowledge: The Olympics and Security Knowledge Networks Phillip Boyle 4. The XX Winter Olympic Games: Torino 2006 A. Chiara Fonio and Pisapia Giovanni 5. Olympic Rings of Steel: Constructing Security for 2010 and Beyond Pete Fussey and Coaffee John 6. Local Specificities on Securing Sport Mega-Events: The 2008 European Football Championships Francisco Klauser 7. Surveillance, Capital and the Mega-Event: Vancouver 2010 Adam Molnar and Lauren Snider 8. Feeling the Stare: Emotional Resistance and Rhizomatic Surveillance in Public Ritual Mark Salter and Phillipe Frowd 9. Surveilling the 2004 Athens Olympics Minas Samatas 10. Short and Long-Term Impacts of Surveillance and other Security Chris Shaw and Alissa Westergaard-Thorpe 11. Citizen Spies at Mega-Events: Surveillance, Suspiciousness and Normalization RosamundeVon Brackel 12. The FIFA: From Estadio Nacional to the Fan Mile: World Cups as Neo-Liberal Sporting Events Eick Volcker 13. The Spectacle of Fear: Anxious Events and Foreign Threats in Japan David Murikami Wood and Abe Kiyoshi March 2011: 234 x 156: 224pp Hb: 978-0-415-60262-4: £75.00 For more information, visit: www.routledge.com/9780415602624

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criminology and governance

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NEW

Surveillance and Democracy

Serial Killers Psychiatry, Criminology and Responsibility

Edited by Kevin D. Haggerty, University of Alberta, Canada and Minas Samatas, University of Crete, Grece

Francesca Biagi-Chai

Translated by Veronique Voruz, University of Leicester, UK and Suzanne Yang, University of Pittsburgh and Western Psychiatric Institute and Clinics, USA Francesca Biagi-Chai’s book – a translation from the French of Le Cas Landru – tackles the issue of criminal responsibility in the case of serial killers, and other ’mad’ people who are nonetheless deemed to be answerable before the law in most jurisdictions. The author, a Lacanian psychoanalyst and senior psychiatrist in France, with extensive experience working in institutional settings, analyzes the logic informing the crimes of famous serial killers. Addressing the Landru case (which was the inspiration for Chaplin’s Monsieur Verdoux), as well as those of Pierre Riviere, Donato Bilancia, Harold Shipman and others such as Jeffrey Dahmer and Ted Bundy, the author casts light on the confusion that pervades forensic psychiatry and criminal law as to the distinction between mental illness and ‘madness’. Finally, she elaborates the consequences of her argument in a sustained critique of the insanity defence as it currently operates in France and elsewhere. The book includes a Preface by the renowned psychoanalyst, Jacques-Alain Miller. It also includes an introduction by the translators on the question of insanity before the law in the US and in the UK, which considers the pertinence of Biagi-Chai’s argument for forensic psychiatry, for criminal law, and for the increasing contemporary focus on the assessment of dangerousness and risk-management strategies in crime control practices. Selected Contents: Preface. Translators’ Introduction 1. The Enigma of Serial Killers 2. A Case Study of Psychosis 3. Modalities of Gendered Relations in Psychosis 4. Existing in the World of Men 5. Serial Killing in Psychosis 6. European Case-Studies 7. Anglo-American Case Studies 8. Psychosis and Criminal Responsibilities April 2011: 234 x 156: 240pp Hb: 978-0-415-56112-9: £80.00 For more information, visit: www.routledge.com/9780415561129

Situational Prevention of Organised Crimes Edited by Karen Bullock, Ronald V. Clarke and Nick Tilley Foreword by Gloria Laycock Series: Crime Science This collection of case studies, by a distinguished international group of researchers, documents the application of a situational prevention approach to a variety of organised crimes, including: sex trafficking, drug smuggling, corruption, and fraud. The book will be of interest to those tasked with tackling organised crime problems, as well as students of criminology and criminal justice. March 2010: 234 x 156: 216pp Hb: 978-1-84392-772-3: £35.00 For more information, visit: www.routledge.com/9781843927723

Complimentary Exam Copy

This collection represents the first sustained attempt to grapple with the complex and often paradoxical relationships between surveillance and democracy. Is surveillance a barrier to democratic processes, or might it be a necessary component of democracy? How has the legacy of post 9/11 surveillance developments shaped democratic processes? As surveillance measures are increasingly justified in terms of national security, is there the prospect that a shadow ’security state’ will emerge? How might new surveillance measures alter the conceptions of citizens and citizenship which are at the heart of democracy? How might new communication and surveillance systems extend (or limit) the prospects for meaningful public activism? Surveillance has become central to human organizational and epistemological endeavours and is a cornerstone of governmental practices in assorted institutional realms. This social transformation towards expanded, intensified and integrated surveillance has produced many consequences. It has also given rise to an increased anxiety about the implications of surveillance for democratic processes; thus raising a series of questions – about what surveillance means, and might mean, for civil liberties, political processes, public discourse, state coercion and public consent – that the leading surveillance scholars gathered here address. Selected Contents: 1. Surveillance and Democracy: An Unsettled Relationship Kevin D. Haggerty and Minas Samatas Section 1: Theorizing Surveillance and Democracy 2. Surveillance and Transparency as Sociotechnical Systems of Accountability Deborah Johnson and Kent Wayland 3. Identification, Surveillance and Democracy David Lyon 4. Democracy and its Visibilities Andrea Mubi Brighenti 5. Periopticon: Control Beyond Freedom and Coercion – and Two Possible Advancements in the Social Sciences Michalis Lianos Section 2: Surveillance Policies and Practices of Democratic Governance 6. Surveillance as Governance: Social Inequality and the Pursuit of Democratic Surveillance Torin Monihan 7. Democracy, Surveillance and ‘Knowing What’s Good for You’: The Private Sector Origins of Profiling and the Birth of ‘Citizen Relationship Management Kirstie Ball, Elizabeth Daniel, Sally Dibb and Maureen Meadows 8. The Impact of Communications Data Retention on Fundamental Rights and Democracy: The Case of the EU Data Retention Directive Lilian Mitrou 9. ‘Full Spectrum Dominance’ as European Union Security Policy: On the Trail of the ‘NeoConOpticon’ Ben Hayes Section 3: Case Studies in the Dynamics of Surveillance and Democracy 10. A Trans-Systemic Surveillance: The Legacy of Communist Surveillance in the Digital Age Maria Los 11. Balancing Public Safety and Security Demands with Civil Liberties in a New Constitutional Democracy: The Case of Post-1994 South Africa and the Growth of Residential Security and Surveillance Measures Anthony Minnaar 12. The Greek Olympic Phone Tappings Scandal: A Defenceless State and a Weak Democracy Minas Samatas 13. Surveillance and Democracy in the Digital Enclosure Jennifer R. Whitson

Economic and Financial Law NEW

The Domestic Politics of International Trade Intellectual Property Rights in US-Colombia and US-Peru Free Trade Agreements Johanna von Braun, University of Cape Town, South Africa Series: Routledge Research in International Economic Law Today, many international free trade agreements (FTAs) are broader than they have ever been before and often affect numerous public policy sectors, such as education, the environment and public health. Yet when it comes to the actual negotiation of FTAs, however, domestic decision-making processes are often biased in favour of commercial objectives and fail to appropriately include the diverse political sectors that are affected by the respective agreements. This, naturally, influences the process and outcome of international negotiations and public policy objectives are often compromised. Looking in detail at US-Peru and US-Colombia FTA negotiations and more specifically at the issues surrounding intellectual property rights, this book seeks to demonstrate the importance of domestic politics in understanding the nature and outcome of international negotiations, in particular as they relate to international economic diplomacy. The book demonstrates how the respective structural and institutional characteristics in Peru, Columbia and the USA affected the process and outcome of the respective FTA negotiations, exploring issues such as domestic policy-structures, the centrality of government and the influence of interest groups and industry’s lobbying. The book goes on to consider whether including public policy objectives in bilateral trade negotiations can ever be successful given the economic imperatives that provide the basis of such negotiations, or whether such objectives should instead be pursued through multilateral fora such as the World Health Organization. Selected Contents: 1. Economic Diplomacy on Multiple Levels – A Framework of Analysis for Understanding the Process and Outcome of the US-Peru and US-Colombia FTA Negotiations 2. IPRs in the International Trading System 3. Negotiating IPRs – A Defensive Position of Developing Countries and the New Challenges Posed by FTAs 4. The Domestic Source of Peru’s and Colombia’s Engagement in the FTA Negotiation 5. The US-Peru and US-Colombia FTA Negotiations 6. The Domestic Source of US Economic Diplomacy 7. The Impact of US Domestic Institutional Change on the Integration of IPRs/Health Concerns into the US-Peru and US-Colombia FTAs 8. Conclusion August 2011: 234 x 156: 320pp Hb: 978-0-415-60139-9: £75.00 For more information, visit: www.routledge.com/9780415601399

June 2010: 234 x 156: 272pp Hb: 978-0-415-47239-5: £85.00 Pb: 978-0-415-47240-1: £24.99 eBook: 978-0-203-85215-6 For more information, visit: www.routledge.com/9780415472401

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e c o n o m i c a n d f i n a n c i a l l aw

Routledge Research in Finance and Banking Law European Prudential Banking Regulation and Supervision The Legal Dimension Larisa Dragomir, World Savings Banks Institute, Belgium The financial market events in 2007-2009 have spurred renewed interest and controversy in debates regarding financial regulation and supervision. This book takes stock of the developments in EU legislation, case law and institutional structures with regards to banking regulation and supervision, which preceded and followed the recent financial crisis. It does not merely provide an update, but anchors these developments into the broader EU law context, challenging past paradigms and anticipating possible developments. The author provides a systematic analysis of the interactions between the content of prudential rules and the mechanisms behind their production and application European Prudential Banking Regulation and Supervision includes discussions of the European banking market structure and of regulatory theory that both aim to circumscribe prudential concerns. It scrutinises the content of prudential norms, proposes a qualification of these norms and an assessment of their interaction with other types of norms (corporate, auditing and accounting, consumer protection, competition rules). It also features an analysis of the underpinning institutional set-up and its envisaged reforms, focusing on the typical EU concerns related to checks and balances. Finally, the book attempts to revive the debate on supervisory liability, in light of the developments discussed. Selected Contents: Introduction Part 1 : European Banking at the Beginning of the Third Millennium 1. Banking and Market Structures 2. Insights from Regulatory Theory Part 2: The Normative Analysis of Prudential Issues 3. An Evolutionary Perspective on Prudential Rules 4. The Multiple Layers of Prudential Rules 5. Substantive Aspects of Prudential Regulation 6. The Principles Characterising the European Prudential Regulatory Regime Part 3: Institutional Aspects of Prudential Regulation and Supervision 7. The Institutional Framework – General Aspects 8. The European Institutional Framework for Prudential Banking Regulation 9. The European Institutional Framework for Prudential Banking Supervision 10. The Way Forward Part 4: The European Dimension of Supervisory Liability 11. The Issue of Supervisory Liability 12. The Current State of Supervisory Liability under European Law 13. Future European Scenarios for Supervisory Liability Concluding Remarks March 2010: 234 x 156: 448pp Hb: 978-0-415-49656-8: £75.00 eBook: 978-0-203-85641-3 For more information, visit: www.routledge.com/9780415496568

Expanding Frontiers of Global Trade Rules

6 Volume Set

The Political Economy Dynamics of the International Trading System

Edited by Asif H. Qureshi and Xuan Gao, both at University of Manchester, UK

Nitya Nanda, The Energy and Resources Institute (TERI), New Delhi, India

This new six-volume collection from Routledge meets the need for an authoritative reference work to map a rapidly growing and ever more complex corpus of literature. Edited by a leading scholar, International Economic Law gathers foundational and canonical work, together with more contemporary and cutting-edge scholarship. The collection boldly identifies and elucidates International Economic Law’s critical concepts to make sense of the sub discipline’s evolution and to garner insights into its likely development.

Combining theoretical analysis with insights derived from interactions with trade negotiators, this book analyzes the issues surrounding the creation of new ‘trade rules’, addressing trade topics including the trade and development linkage. Selected Contents: Introduction 1. WTO and Development: It’s All About Mercantilist Game 2. Liberalization of Agricultural Trade: Path to Development or Chasing a Mirage? 3. Deepening of the GATS: Need for Cautious Treading 4. WTO and Trade Facilitation: Some Implications 5. Competition Policy at the WTO: Right Diagnosis but Wrong Prescription 6. Multilateral Framework on Investment: Much Pain Without Gain! 7. As if TRIPS Was Not Enough 8. WTO and Environment: Think Locally, Act Globally? 9. Resisting the Expansion: Experiences and Possible Implications 10. Evolving a Trade Regime for Development: Some Considerations 2008: 234 x 156: 214pp Hb: 978-0-415-44295-4: £80.00 For more information, visit: www.routledge.com/9780415442954

NEW

International Secured Transactions Law Facilitation of Credit and International Conventions and Instruments Orkun Akseli, Newcastle University, UK This book focuses on international harmonisation and the law of secured transactions by distilling and analysing the unifying principles of various significant international conventions and instruments such as the UN Convention on the Assignment of Receivables, the Unidroit Convention on International Factoring, the EBRD Model Law on Secured Transactions, the Unidroit Convention on the International Interests in Mobile Equipment and the UNCITRAL Legislative Guide on Secured Transactions. International secured transactions conventions and instruments facilitate credit and promote economic activity through the creation of harmonised rules. Therefore, given the increasing globalisation of markets, international reform efforts for the harmonised modernisation of secured transactions law have gained pace over recent years. International Secured Transactions Law draws on experiences in both English and US laws in order to identify and illustrate the existing problems that need to be addressed, as well as identify potential solutions. Selected Contents: Introduction 1. Secured Credit and Fundamental Principles of International Instruments 2. Harmonisation of Secured Transactions Law in Context 3. Scope of Applicability and Party Autonomy 4. Creation of Security Rights 5. Effectiveness of Security Interests against Third Parties 6. Priority of Security Interests 7. Acquisition Financing Devices 8. Choice of Law Issues. Conclusion January 2011: 234 x 156: 368pp Hb: 978-0-415-48810-5: £75.00 eBook: 978-0-203-83161-8 For more information, visit: www.routledge.com/9780415488105

Browse and order online: www.routledge.com/law

International Economic Law

Selected Contents: Volume I: Theory 1. Conceptualizing International Economic Law 2. The Phenomenon of Globalization 3. The Washington Consensus 4. International Distributive Justice Part 2: Fundamental Concepts 1. Sources Customary International Economic Law International Economic Soft Law 2. Participants State Economic Development Paradigms Non-Governmental Organizations 3. Economic Sovereignty 4. Non-Discrimination and Differential Treatment 5. Extraterritorial Jurisdiction 6. State Immunity 7. Constitutionalizing International Economic Law 8. Economic Human Rights 9. Economic Sanctions Volume II: International Monetary and Financial Law 1. Monetary Sovereignty 2. Exchange Arrangements 3. Multilateral System of Payments 4. International Capital Transfers 5. International Liquidity: Special Drawing Rights 6. IMF Conditionality 7. Surveillance and IMF Standards and Codes 8. International Financial Architecture 9. Sovereign Debt Volume III: World Trade Law 1. Theory of Comparative Advantage 2. Reciprocity in Trade Negotiations 3. Market Access 4. National Treatment 5. MFN Treatment 6. Unfair Trade Practices 7. Regional Trade Agreements 8. Consensus Decision-Making 9. Enforcement and Transparency. Non-Violation Complaint. Trade Policy Review 10. Development and Trade. Special and Differential Treatment. Aid for Trade. Food Security. Process and Production Methods Volume IV: International Investment Law 1. Key Concepts in General International Law. International Minimum Standard. Expropriation. Stabilization Clauses. International Corporate Social Responsibility 2. Key Concepts in Investment Agreements. ‘Investment’ in International Investment Law. Fair and Equitable Treatment. MFN Treatment Volume V: International Development Law 1. Development 2. Permanent Sovereignty over Natural Resources 3. Right to Development 4. Sustainable Development 5. Millennium Development Goals 6. Monterrey Consensus 7. New International Economic Order 8. Good Governance and Global Governance Volume VI: International Fiscal Law 1. International Fiscal Law Defined 2. Worldwide versus Residence Taxation 3. Fiscal Sovereignty and Jurisdiction 4. Key Concepts in Double Taxation Relief and Tax Evasion and Avoidance 5. Non-Discrimination 6. Permanent Establishment 7. Non-Enforcement of Tax Claims 8. Harmful Tax Competition 9. Calculation of Multijurisdictional Company Profits. Unitary Taxation. Transfer Pricing July 2010: 234 x 156: 2616pp Hb: 978-0-415-54326-2: £1095.00 For more information, visit: www.routledge.com/9780415543262

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e conomic and financial law

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NEW

NEW

NEW

The Legal and Regulatory Aspects of Islamic Banking

Combating Economic Crimes

The Interaction between WTO Law and External International Law

A Comparative Look at the United Kingdom and Malaysia Abdul Karim Aldohni, Newcastle University, UK ’This book should be essential reading for anyone with an interest in the fastest growth area of banking. Dr. Aldohni has done an excellent job.’ – Andrew Campbell, Reader in International Banking and Finance Law, University of Leeds, UK ’Given the rapid growth in Islamic banking and finance, there has been a proliferation of books on the subject matter. One area that is not received much attention is the legal and regulatory environment under which the industry operates. This book fills a gap in the literature by discussing the legal and regulatory issues of Islamic banking in UK in a comprehensive way.’ – Professor Habib Ahmed, Sharjah Chair in Islamic Law and Finance, School of Government and International Affairs at the University of Durham, UK During the last ten years the Islamic banking sector has grown rapidly, at an international level, as well as in individual jurisdictions including the UK. Islamic finance differs quite substantially from conventional banking, using very different mechanisms, and operating according to a different theory as it is based on Islamic Sharia law, but at the same time it is always subject to the law of the particular financial market in which it operates. This book takes a much-needed and comprehensive look at the legal and regulatory aspects which affect Islamic finance law, and examines the current UK and international banking regulatory frameworks which impact on this sector. The book examines the historical genesis of Islamic banking, looking at how it has developed in Muslim countries before going on to consider the development of Islamic banking in the UK and the legal position of Islamic banks within English law. The book explores company, contract, and tax law and traces the impact it has had on the development of Islamic banking in the UK, before going on to argue that the current legal and regulatory framework which affects the Islamic banking sector has often had a negative impact on Islamic banking in the UK. Selected Contents: 1. Introduction 2. The Historical and Ideological Background of Islamic Banks 3. Legal Analysis of the English Legal System in Comparison to the Islamic Legal System 4. The Legal Description and Classification of Islamic Banks under the English Law 5. Islamic Banks in Practice: The Operational Aspects of Islamic Banking 6. The Banking Regulatory and Supervisory System in the United Kingdom 7. The Application of Islamic Banking under the Conventional Banking Regulation of the United Kingdom: Fit or Conflict? 8. Islamic Banking in Malaysia, the Malaysian Case Study: A Legal Analysis 9. Concluding Remarks and Recommendations December 2010: 234 x 156: 342pp Hb: 978-0-415-55515-9: £75.00 For more information, visit: www.routledge.com/9780415555159

Balancing Competing Rights and Interests in Prosecuting the Crime of Illicit Enrichment Ndiva Kofele-Kale, Southern Methodist University, USA Series: Routledge Research in Transnational Crime and Criminal Law This book considers the offense of illicit enrichment, which has become a powerful tool in the global war against corruption. The book explores the offense in treaties, customary international law and domestic laws, looking at issues such as the presumption of innocence and human rights. Selected Contents: 1. Introduction Part 1: Doctrinal Foundations of the Right to be Presumed Innocent in Criminal Prosecutions 2. Due Process and the Right to be Presumed Innocent in International Law Part 2: The Evolution of the Reverse Burden of Proof in Both International and Domestic Law 3. Reversing the Burden of Proof in International Conventions 4. Reversing the Burden of Proof in Domestic Statutory Law Part 3: A Framework for Balancing Competing Rights and Interests 5. Placing Reasonable Limitations on the Presumption of Innocence 6. Allocating Burdens and Standards of Proof in Corruption Cases 7. Conclusion July 2011: 234 x 156: 256pp Hb: 978-0-415-77847-3: £75.00 For more information, visit: www.routledge.com/9780415778473

NEW

Recognition and Regulation of Safeguard Measures Under GATT/WTO Sheela Rai, Hidayatullah National Law University, India Series: Routledge Research in International Economic Law This book discusses the law of safeguard measures as laid down in the WTO agreements and cases decided by the Panel and the Appellate Body. The book sets out a comprehensive treatment of safeguard measures covering the history and evolution of the law, as well as the procedural requirements and the application of safeguard measures. In addition to measures under Article XIX and the Safeguards Agreement, the book includes coverage of safeguard measures for agricultural products, Special Safeguard Measures for developing countries, safeguard measures for textiles and proposed safeguard measures under General Agreement on Trade in Services (GATS) as well as special safeguard clauses against China. The book considers safeguards from a developing countries perspective drawing on Joseph E. Stiglitz’s argument that developing countries require these trade remedy measures to protect their domestic industries and ensure their development. Sheela Rai considers this view and goes on to examine how beneficial the provisions relating to safeguard measures and their interpretation given by the Panel and Appellate Body have been for developing countries. May 2011: 234 x 156: 256pp Hb: 978-0-415-61959-2: £75.00

The Constrained Openness of WTO Law Ronnie R.F. Yearwood, University of Durham, UK Series: Routledge Research in International Economic Law International legal scholarship is concerned with the fragmentation of international law into specialised systems such as trade, environment and human rights. Fragmentation raises questions about the inter-systemic interaction between the various specialised systems of international law. In the discourse on WTO law, three propositions – openness’, ’closure’ and ’privileged’ – have been put forward to explain the interaction between WTO law and external law. This book engages with these debates about how international economic law interacts with other bodies of international law. Using ideas and theories from other spheres including sociology, literature and art, the book develops a new way of thinking about how WTO law interacts with external international law through the conceptual framework of ‘constrained openness’. The book argues that constrained openness offers a more nuanced way to think about how WTO law interacts with external law. Selected Contents: 1. Introduction 2. The Scope and Importance of the Study: Fragmentation and WTO Law 3. The Debate on how WTO Law Interacts with External Law 4. The Methodological Framework: The Rule of Recognition to Determine What Counts as WTO Law 5. The Conceptual Framework: The Constrained Openness of WTO Law 6. The Precautionary Principle and the WTO Agreement on Sanitary and Phytosanitary Measures 7. External Law in the Practice of WTO Law 8. Conclusion December 2010: 234 x 156: 320pp Hb: 978-0-415-56516-5: £75.00 For more information, visit: www.routledge.com/9780415565165

NEW IN 2012

Trade Remedies A Development Perspective Asif Qureshi, University of Manchester, UK Series: Routledge Research in International Economic Law This book approaches the issues relating to trade remedies from a developing country perspective, clarifying what the issues, problems and perspectives are which relate to trade remedies in terms of advancing development and the spectrum of developing countries. Selected Contents: 1. Introduction 2. Historical Development of Trade Remedies in Developing Countries 3. The Development Perspective in Trade Remedies 4. Development Aspects in Anti-Dumping Measures 5. Development Aspects in Countervailing Measures 6. Development Aspects of Safeguard Measures 7. Trade Remedy Disputes from a Development Perspective 8. Conclusion March 2012: 234 x 156: 320pp Hb: 978-0-415-54475-7: £75.00 For more information, visit: www.routledge.com/9780415544757

For more information, visit: www.routledge.com/9780415619592

Complimentary Exam Copy

e-Inspection New in Paperback Companion Website


e c o n o m i c a n d f i n a n c i a l l aw

NEW

NEW

International Tax Coordination

Foreign Investment and Dispute Resolution Law and Practice in Asia

The Integration of European Financial Markets

An Interdisciplinary Perspective on Virtues and Pitfalls

Edited by Vivienne Bath and Luke Nottage, both at University of Sydney, Australia

Noah Vardi, University of Roma Tre, Italy

Series: Routledge Research in International Economic Law This book critically assesses patterns and issues in both the substantive law and policy environment impacting on foreign investment flows in major Asian economies, and dispute resolution law and practice related to those flows. The book offers a detailed comparative study attentive to socio-economic context and competing theories of the role of law in Asia. Contributions come from academics with extensive country-specific expertise, and often considerable practical experience. The chapters analyse the law and practice of investment treaties and FDI regimes in Asia looking specifically at developments in Japan, India, Bangladesh, China, Indonesia and Malaysia, Korea and Vietnam. The book considers the impact of the Asian Financial Crisis in the late 1990s and the Global Financial Crisis a decade later, examining the shifts in FDI and capital flows in Asia that have resulted from these crises. Selected Contents: 1. Introduction: Investment Treaties and Foreign (Direct) Investment In and Out of Asia Vivienne Bath and Luke Nottage 2. Investment Disputes and Arbitration for Japan and Asia: Five Perspectives on Law and Practice Luke Nottage and Romesh Weeramantry 3. A Passive Player in International Investment Law: Typically Japanese? Shotaro Hamamoto 4. The Quandary for Chinese Regulators: Controlling the Flow of Investment into and out of China Vivienne Bath 5. China’s Investment Treaties: Arbitration Issues After Tza Yap Shum v Peru Nils Eliasson and Mannheimer Swartling 6. Foreign Investment in Indonesia: The Problem of Legal Uncertainty Simon Butt 7. Incorporation of Services Disciplines into Bilateral Investment Treaties: The Case of the Japan-Indonesia Economic Partnership Agreement Sita Sitaresmi 8. Malaysia’s New Foreign Investment Law Regime Salim Farrar 9. Treaty Definitions of ‘Investment’ and the Role of Economic Development: A Critical Analysis of the Malaysian Historical Salvors Cases Govert Coppens 10. Investment Treaty Practice and Islamic States in Asia Freya Baetens 11. Object and Purpose of Indian Investment Agreements: The Failure to Balance Investment Protection and Regulatory Power Prabhash Ranj 12. National Courts, International Commercial Arbitration and Investment Treaties: Beyond Saipem v Bangladesh Richard Garnett 12. Conclusions M. Sornarajah October 2011: 234 x 156: 256pp Hb: 978-0-415-61074-2: £75.00 For more information, visit: www.routledge.com/9780415610742

The Regulation of Monetary Obligations Series: UT Austin Studies in Foreign and Transnational Law The last decade has seen the increasing integration of European financial markets due to a number of factors including the creation of a common regulatory framework, the liberalisation of international capital movements, financial deregulation, advances in technology and the introduction of the Euro. However, the process of integration has proceeded largely in the absence of any comprehensive legal regulation, and has rather been constructed on the basis of sectorial provisions dictated by the needs of cross-border transactions. This has meant that many legal barriers still remain as obstacles to complete integration. This book considers the discipline of monetary obligations within the context of financial markets. The book provides a comparative and transnational examination of the legal rules which form the basis of transactions on financial markets. Analysing the integration of the markets in this way highlights the role of globalisation as the key element favouring the circulation of rules, models, and especially the development of new regulatory sources. The book examines market transactions and the institutes at the root of these transactions, including the type of legislative sources in force and the subjects acting as legislators. The first part of the book concentrates on the micro-discipline of money, debts, payments and financial instruments. The second part goes on to analyse the macro-context of integration of the markets, looking at the persistence of legal barriers and options for their removal, as well as the development of new legal sources as a consequence of the transfer of monetary and political sovereignty. Finally, the book draws links between the two parts and assesses the consequences of the changes at the macro-level of regulation on the micro-level of legal discipline of monetary obligations, particularly focusing on the emergence and growing importance of soft law. Selected Contents: Introduction 1. The Law of Monetary Obligations 2. Evolution and Integration of European Financial Markets 3. Legal Integration and Harmonisation of Substantive Law 4. Private International Law and Barriers to Market Integration 5. Transfer of Monetary Sovereignty and Regulatory Issues 6. Soft Law and Financial Lex Mercatoria December 2010: 216 x 138: 240pp Hb: 978-0-415-60263-1: £75.00 eBook: 978-0-203-83408-4 For more information, visit: www.routledge.com/9780415602631

Recommend key titles to your librarian today! Ensure that your library has access to all the latest publications. Visit www.routledge.com/info/librarian.asp today and complete our online Library Recommendation Form.

Edited by Martin Zagler, Vienna University of Economics and Business, Austria Series: Routledge International Studies in Money and Banking The book combines interdisciplinary teams from business, economics, information science, law and political science to offer a unique and innovative interdisciplinary approach to the issue of international tax coordination. Selected Contents: 1. Introduction: International Tax Coordination – An Interdisciplinary Perspective on Virtues and Pitfalls Martin Zagler 2. Rethinking Tax Jurisdictions and Relief from International Double Taxation in Relations with Developing Countries: Legal and Economic Perspectives from Europe and North America Pasquale Pistone and Timothy J. Goodspeed 3. How to Combat Tax Evasion in Tax Havens? – A Legal and Economic Analysis of OECD and EU Standards on Exchange of Information in Tax Matters with a Special Focus on Capital Income Dietmar Aigner and Michael Tumpel 4. Double Tax Avoidance and Tax Competition for Mobile Capital Markus Leibrecht and Thomas Rixen 5. Intra-Firm Dividend Policies: Evidence and Explanations Christian Bellak and Nadine Wiedermann-Ondrej 6. Cross Border Hybrid Finance and Tax Planning: Does International Tax Coordination Work? Ewald Aschauer, Eva Eberhartinger, and Wolfgang Panny 7. Investigating the Shift Towards a Value Added Type Destination-Based Cash Flow Capital Income Tax (VADCIT) Klaus Hirschler and Martin Zagler 8. The Case for and Against an EU Tax Michael Lang and Martin Zagler May 2010: 234 x 156: 224pp Hb: 978-0-415-56948-4: £85.00 For more information, visit: www.routledge.com/9780415569484

NEW

Money Laundering – An Endless Cycle? A Comparative Analysis of the Anti-Money Laundering Policies in the USA, UK, Australia and Canada Nicholas Ryder, University of the West of England, UK This book provides a detailed look at anti-money laundering policies and legislative frameworks in a number of jurisdictions and considers how successful these jurisdictions have been in implementing international measures to combat money laundering. Looking at the instruments and proposals put in place by a number of institutions including the United Nations (UN), the Financial Action Task Force (FATF) and the European Union, the book begins by reclassifying and expanding the traditional global anti-laundering policy to include aspects such as having a national money laundering strategy in place, the implementation of international instruments and the role of government and regulatory agencies. The book then offers a comparative analytical review of the anti-money laundering policies adopted in the United States of America, Canada, the United Kingdom and Australia and considers to what extent they have followed and implemented the identified global anti-money laundering policy. Selected Contents: 1. Money Laundering – An Introduction 2. The Development of an Anti-Money Laundering Policy 3. The Development of an Anti-Money Laundering Policy Typology 4. The United States of America 5. The United Kingdom 6. Australia 7. Conclusions and Recommendations December 2011: 234 x 156: 256pp Hb: 978-0-415-58373-2: £75.00 For more information, visit: www.routledge.com/9780415583732

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The Timing of Income Recognition in Tax Law and the Time Value of Money Moshe Shekel, Shekel & Co Law Offices, Israel

’Moshe Shekel has produced a prodigious piece of work on timing, the result of a major research project ... Few American practitioners, even in down economic times, can afford the time to write a comprehensive, comparative study, systematically pulling together the doctrine and the controversies about doctrine in three sophisticated jurisdictions – the United States, the United Kingdom, and Israel. But that comprehensive, comparative work is exactly what Shekel has given us.’ – Erik M. Jensen, Columbia Journal of Tax Law, Vol. 1:262, 2010 Time itself creates advantages and disadvantages in the field of taxation. The timing of the recognition of income and expenses for tax purposes has two main implications: firstly, for the timing of the collection of tax, and secondly, for the question of quantification, i.e., how to ensure that the difference between the timing of the recognition of income or expenses, as opposed to the respective dates on which the amounts are actually received or paid, does not distort the determination of the amount of chargeable income. This book critically examines the various approaches that have been adopted in the tax systems in the UK, the US and Israel in relation to the timing of income recognition and expenses for tax purposes. It suggests an innovative tax model that identifies the advantages that arise to the taxpayer as a result of the differences between the timing of the recognition of income and expenses, and the timing of the receipt of the revenue or the payment of a liability, and taxes only that advantage.

Selected Contents: 1. Introduction 2. Accounting Background 3. Tax Values 4. Between GAAP and Fiscal Accounting 5. Timing of Recognition of Income from Deposits 6. Timing of Recognition of Income from Advances 7. Timing of the Deduction of Future Expenses 8. Alternative Models 2009: 234 x 156: 368pp Hb: 978-0-415-47754-3: £85.00 eBook: 978-0-203-87967-2 For more information, visit: www.routledge.com/9780415477543

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Criminal Law and Policy in the European Union Samuli Miettinen, Edgehill University, UK A literal construction of the EC and EU Treaties suggests that their framers intended to limit the positive competences of both the Community and the Union in the field of criminal law. However, the European Court of Justice has consistently applied tests of necessity and effectiveness to develop the Community’s catalogue of legislative competences and the interpretation of Community law, culminating in decisions which accord to the Community a limited criminal competence where this is deemed necessary for the effectiveness of other policy aims. This book takes stock of the development of criminal law in the context of the European Community and the European Union, and examines whether this has led to a European criminal policy, and interrogates the legal effects that European-level initiatives in the field have on national criminal law and on suspects. The work reflects on the interaction between the law of the European Community and national criminal law since the signing of the Treaty of Rome and proceed to consider the prospects of criminal law enacted at the European level against this framework of historical development. The book will review the supremacy of Community law over conflicting national criminal law, the past legislative practice of harmonised ‘administrative’ penalties and their impact on national legal systems, the ramifications of the Greek Maize decision, the development of relevant Community principles of fundamental rights, and the 2005 decisions on implied criminal competence and sympathetic interpretation. In the light of these developments and the forthcoming October 2007 judgment of the Court of Justice in the Ship-Source Pollution case, the work will explore whether there are fields in which the Community might enact directly applicable criminal penalties in the form of EC regulations. It will also examine related doctrinal concerns considered by the Court of Justice in its earlier case law on the interface between EC law and national criminal law. Selected Contents: 1. Introduction to European Criminal Law and Policy 2. Shaping the Criminal Law of the European Union: Sources and Institutions 3. Criminal law and the European Community 4. Criminal Law and the European Union 5. Approximation and Harmonisation: Procedural and Substantive Aspects 6. European Criminal Law and Individual Rights 7. Evaluating European Criminal Policy 8. The European Court of Justice and Criminal Law 9. European Criminal Law in National Courts 10. Criminal Law and the Reform Treaty 11. Prospects for Criminal Law and Policy in the European Union December 2011: 234 x 156: 256pp Hb: 978-0-415-47426-9: £65.00 For more information, visit: www.routledge.com/9780415474269

Centralised Enforcement, Legitimacy and Good Governance in the EU Melanie Smith, University of Cardiff, UK Article 226 EC is the central mechanism of enforcement in the EC Treaty, and has remained unchanged since the original Treaty of Rome. It provides the European Commission, as guardian of the Treaty, with a broad power of policing Member States’ conduct. Centralised Enforcement, Legitimacy and Good Governance in the EU is interdisciplinary in nature, examining law in its political context. It focuses on how the institutions interact and react to competing policy pressures, and explores the tensions that lie at the heart of legitimacy in the actions of public actors by engaging with concepts such as democracy, legitimacy and good administration. Selected Contents: 1. Introduction 2. Mind the Accountability Gap – Administrative Law and Legitimate Governance 3. Conceptualising Democracy, Legitimacy and the Development of Good Governance in the EU 4. The Management Game – Political Enforcement, Neutral Guardianship and Legal Uniformity 5. The Policy on Enforcement in an Era of Good Governance 6. The Impact of the European Ombudsman: Breaking down Barriers to Procedural Legitimacy 7. Conclusions 2009: 234 x 156: 272pp Hb: 978-0-415-46784-1: £75.00 eBook: 978-0-203-87239-0 For more information, visit: www.routledge.com/9780415467841

Human Rights and Minority Rights in the European Union Kirsten Shoraka, University of Hertfordshire, UK The end of the Cold War has ushered a restructuring of the institutions of the European Community, culminating into its enlargement to Eastern Europe, under the aegis of economic integration, democracy and human rights. This book examines the development and the role of human rights in the European Union, from its inception as an economic co-operation project to an organisation of European States with a political agenda that goes beyond its borders. It argues that human rights have become an important component of the foreign policy of the European Union and that this role has grown from the inception of the Union through the Cold War and thereafter onto the process of enlargement of the Union. The book goes on to analyse the EU’s policy on minorities, as a particular example of human rights. It considers the level of their protection within the EU and the framework of international law, and compares minority rights in the older Member States including France, Germany and the UK, with newer Eastern European states. Selected Contents: 1. Overview 2. A Background to the Establishment of Human Rights in the Law and Policies of the European Union 3. The Common Foreign and Security Policy as an Instrument of Human Rights Policy 4. The EU and the Protection of Minority Rights in Europe Chapter 5. Minority Rights in the Member States June 2010: 234 x 156: 328pp Hb: 978-0-415-49125-9: £75.00 eBook: 978-0-203-84924-8 For more information, visit: www.routledge.com/9780415491259

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Turkey’s Accession to the European Union

The European Constitution, Welfare States and Democracy

Local Government in Europe

The Politics of Exclusion?

Conflicts between the Four Freedoms and National Administrative Discretion

Edel Hughes, University of Limerick, Ireland Turkey’s accession to the European Union is undoubtedly one of the Union’s most contested potential enlargements. The narrative that dominates the debate surrounding this issue primarily relates to problems such as a lack of respect for fundamental human rights in Turkey, the Kurdish question and the continuing stalemate concerning northern Cyprus. This book looks at these issues, but also proposes that a review of Turkey’s experience with the EU in its numerous incarnations suggests that these concerns may mask a deeper disquiet. Whilst there are several questions that Turkey must address, particularly in the area of human rights guarantees, the concerns which raise debates regarding Turkish membership are not issues that are unique to Turkey. Turkey’s EU experience also raises fundamental questions about religion and the EU project that have greater implication than simply Turkish accession. Through the lens of the Turkish example, this book addresses these broader questions, such as the nature of European ‘identity’, Europe’s Christian past, the limits of pluralism and the fundamental question of religion in the European public sphere. Selected Contents: Introduction 1. Weighing History: Turkey’s Path to Accession 2. A Rights-Based Approach? 3. Cyprus v Turkey 4. Lifting the Veil. Conclusion September 2010: 234 x 156: 215pp Hb: 978-0-415-57785-4: £75.00 eBook: 978-0-203-84364-2 For more information, visit: www.routledge.com/9780415577854

EU External Relations and Systems of Governance The CFSP, Euro-Mediterranean Partnership and Migration Paul James Cardwell, University of Sheffield, UK ’This book provides an important contribution to improve the depth of EU external policy analysis.’ – Bruno Oliveira Martins, Journal of Common Market Studies, Volume 48. Number 4 (2010) This book takes a fresh look at the external relations of the European Union (EU) and in particular the Common Foreign and Security Policy (CFSP). Rather than focusing exclusively on the competence aspects of the institutions and actors, the book makes the case that the CFSP can be understood as a system of governance, which produces effects beyond the traditional tools associated with foreign policy. The theoretical approach draws on insights from new institutionalism, constructivism and the institutional theory of law and emphasises how the institutionalised forms of cooperation in the external sphere contribute to a social reality in which the ‘added value’ of the CFSP can be seen. Selected Contents: 1. Identifying EU Governance: Terminology, Trends and Challenges 2. An Institutional Constructivist Framework of Legal Analysis of CFSP 3. Foreign Policy in Practice: The Euro-Mediterranean Partnership 4. Revisiting the ‘Pillars’: EU Migration Law and Policy-Making 5. The Foreign Policy of Migration in EuroMed 6. CFSP as a System of Governance 7. Conclusion 2009: 234 x 156: 264pp Hb: 978-0-415-54380-4: £75.00 eBook: 978-0-203-86751-8

Christoffer C. Eriksen, Wikborg, Rein & Co, Norway This book explores how the right to free movement of goods, persons, services and capital in the European Union legal order affects the nation-states and the peoples of Europe. The four freedoms, as they are known, are vital for the construction and protection of the European market without internal frontiers. As such the four freedoms have been recognized as elements of a European constitutional order, which may challenge the autonomy of national constitutions and parliaments. This book explores the relations and conflicts between the European constitution and the legal regulation of mixed economies and markets within welfare-states. In particular it looks at the discretionary powers enjoyed by national governments and administrative authorities, which have been used by welfare states to provide opportunities to include affected interests, experts, and users in public decision-making, and thereby fulfil democratic ideals such as inclusion and deliberation in complex and differentiated societies. The book analyses a series of judgments from the European Court of Justice which indicate that the four freedoms may be incompatible with the practice of entrusting national authorities with discretionary powers, and shows how this creates a democratic dilemma for welfare states. Selected Contents: 1. Introduction 2. Democracy, National Administration and the European Constitution 3. Administrative Discretion – A Restriction to Free Movement 4. The European Constitution, Democracy and Administrative Discretion 5. Administrative Discretion and Democracy in Norway 6. The European Relevance of the Norwegian Case 7. The European Constitution, Welfare States and Democracy October 2011: 234 x 156: 256pp Hb: 978-0-415-61073-5: £75.00 For more information, visit: www.routledge.com/9780415610735

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The Evolving EU Counterterrorism Legal Framework Maria O’Neill, University of Abertay, Dundee, UK This book critically examines EU law and policy in counter-terrorism from across the three distinct EU pillars, as well as addressing external relations of the EU in counter-terrorism. The book will bring greater clarity and critical analysis to the legal framework currently in force and suggest possible routes for future development. Selected Contents: 1. Introduction: The EU Counter-Terrorism Legal Framework 2. The Impact of the Global and Regional Regulatory Framework on the EU Jurisdiction in the Context of Counter-Terrorism Provisions 3. Financing of Terrorism 4. Terrorism as an EU Policing Concept 5. Terrorism as an EU Judicial Concept 6. Terrorism as a Frontier Issue 7. Terrorism as an EU Military Concept 8. External Relations of the EU with the USA in Counter-Terrorism 9. Other External Relations of the EU in Counter-Terrorism December 2011: 234 x 156: 256pp Hb: 978-0-415-55758-0: £75.00 For more information, visit: www.routledge.com/9780415557580

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The ‘Fourth Level’ in the EU Multi-Layered System of Governance Edited by Carlo Panara and Michael R. Varney, both at University of Hull, UK This book offers a comparative study of the structure of the local government in the countries within the European Union from a public law perspective. The book provides a detailed analysis of the state of local government in fifteen Member States: Austria, Belgium, Czech Republic, Finland, France, Greece, Germany, Hungary, Italy, the Netherlands, Poland, Slovenia, Spain, Sweden, and UK. In presenting such a wide-ranging survey, the book draws out the main trends of local government in Europe and outlines the elements of convergence and divergence between the Member States. The book also evaluates the impact of the European integration on the structure of the local government at national level, and argues that it is possible to view local government as the ‘fourth level’ of the EU multi-layered constitution. Selected Contents: Part 1: The Common Framework 1. Local Government and the EU, Carlo Panara Part 2: The National Patterns 2. Austria, Harald Eberhard 3. Belgium, Alexander De Becker 4. Czech Republic, Richard Pomahacˇ 5. France, Irène Couzigou 6. Germany, Eike Michael Frenzel 7. Greece, Grigorios Avdikos 8. Hungary, Zoltán Szente 9. Italy, Stefano Villamena 10. The Netherlands, Chris Backes 11. Poland, Boguslav Banaszak 12. Portugal, Ravi Alfonso Pereira 13. Slovenia, Maja Smrkolj 14. Spain, Gonzalo Villalta Puig 15. Sweden, Vilhelm Persson 16. UK, Michael R. Varney Part 3: Conclusions 17. The Local Government in Europe: Convergence and Divergence, Carlo Panara and Michael R. Varney July 2011: 234 x 156: 256pp Hb: 978-0-415-58000-7: £75.00 For more information, visit: www.routledge.com/9780415580007

New Governance and the European Employment Strategy Samantha Velluti, University of Lincoln, UK In recent years new or experimental approaches to governance in the EU, namely the Open Method of Coordination (OMC), have attracted great interest and controversy. This book examines the European Employment Strategy (EES) and its implementation through the OMC, exploring the promises and limitations of the EES for EU social law and policy and for the safeguard of social rights. This significant and timely work offers new insights and fresh perspectives into the operation of New Governance and its relationship with both European and national law and constitutionalism. Selected Contents: 1. Introduction 2. Conceptualizing ’New’ EU Governance: Revisiting Law and Constitutionalism in an Evolving European Union 3. The Impact of Globalization, Market Integration and EMU on EU Social Governance 4. The Evolution of European Labour Law: From ’Employment Law’ to ’Employment Policy’ 5. The European Employment Strategy and its Implementation through the Open Method of Coordination 6. Gender Equality and Mainstreaming in the Re-Articulation of Labour Market Policies in Italy, Denmark and the Czech Republic 7. An Assessment of Ten Years of Existence of the European Employment Strategy 8. Conclusion March 2010: 234 x 156: 328pp Hb: 978-0-415-46779-7: £80.00 eBook: 978-0-203-85646-8 For more information, visit: www.routledge.com/9780415467797

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Making Anti-Racial Discrimination Law A Comparative History of Social Action and Anti-Racial Discrimination Law Iyiola Solanke, University of East Anglia, UK Making Anti-Racial Discrimination Law examines the evolution of anti-racial discrimination law from a socio-legal perspective. Taking a comparative and interdisciplinary approach, the book does not simply look at race and society or race and law but brings these areas together by drawing out the tension in the process, in different countries, by which race becomes a policy issue which is subsequently regulated by law. Moving beyond traditional social movement theory to include the extreme right wing as a social actor, the study identifies the role of extreme right wing confrontation in agenda setting and law-making, a feature often neglected in studies of social action. In so doing, it identifies the influence of both the extreme right and liberalism on anti-racial discrimination law. Focusing primarily on Great Britain and Germany, the book also demonstrates how national politics feeds into EU policy and identifies some of the challenges in creating a high and uniform level of protection against racial discrimination throughout the EU. Selected Contents: Introduction 1. Black European Union Citizens 2. Understanding Racial Violence 3. The Response to Overt Racial Violence 4. The Response to Covert Racial Violence 5. Restoring Voice and Visibility 6. Civil Society and the Political Opportunity Structure 7. The Impact of Race in the News on Race and Law 8. Anti-Racial Discrimination Law in the European Union 9. Conclusion

fa m i ly l aw

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Sustainability in European Transport Policy Matthew Humphreys, Kingston University, UK The construction of the European Economic Communities in 1950 primarily set out to build an integrated economic zone in which national borders were, to a large extent, overcome. The ability of persons and goods to move freely within the economic zone was seminal in the realisation of economic integration. Underlying this, and therefore an implied necessity for European growth, an effective transport infrastructure was essential. However, with rising awareness of environmental issues, and a closer regard to sustainability of development, European transport systems and their regulation have come under scrutiny. This book sets out a critical analysis of the body of law and policy initiatives that constitute the EU’s common transport policy. The development of the transport policy is charted through amending and founding Treaties as well as non-legislative documents. The book uses a model of sustainability as the basis for the analysis as the criteria for sustainable development were set out under Article 11 of the Treaty on the Functioning of the European Union. However, sustainable development, when taken in the context of transport is difficult to reconcile with unbridled economic growth and unchecked freedom of movement and the book identifies a contradiction at the heart of European policy which can only become more accentuated as environmental trends become more explicit.

For more information, visit: www.routledge.com/9780415467803

Selected Contents: Introduction 1. The Legislative and Policy Context of the Common Transport Policy 2. European Transport Initiatives 3. The Polluter Pays Principle: The Theory of Market Mechanisms 4. Road Pricing in Theory and Practice 5. Sustainable Development and Transport 6. The Polluter Pays Principle in Practice 7. Conclusions

The EU Race Directive

November 2010: 234 x 156: 248pp Hb: 978-0-415-57831-8: £75.00 eBook: 978-0-203-83823-5

2009: 234 x 156: 256pp Hb: 978-0-415-46780-3: £75.00 eBook: 978-0-203-87525-4

Developing the Protection against Racial Discrimination within the EU

For more information, visit: www.routledge.com/9780415578318

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Children and International Human Rights Law The Right of the Child to be Heard Aisling Parkes, University College, Cork, Ireland Series: Routledge Research in Human Rights Law The United Nations Convention on the Rights of the Child 1989 is one of the most highly ratified human rights treaties in the world, with 192 states currently signed up to it. Article 12 is fundamental to the Convention and covers the right of children to express their views and to be heard. This book examines Article 12 and the extent to which it has been internationally implemented. Selected Contents: 1. Article 12 and Child Participation 2. The Nature and Scope of Article 12 of the CRC 3. Implementing Article 12 in Practice 4. The Family 5. Family Law Proceedings 6. Education 7. Children in Conflict with the Law 8. Child Participation at Community, National and International Level 9. National Human Rights Institutions 10. International Enforcement of the CRC 11. Conclusion June 2011: 234 x 156: 320pp Hb: 978-0-415-45836-8: £75.00 For more information, visit: www.routledge.com/9780415458368

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Elder Law John Williams, Aberystwyth University, UK This book looks at the historical background to the law’s approach to ageing, focusing on questions such as: • Has the law promoted ageism? • How well has the law protected older people against discrimination, abuse and social exclusion? • How effective will new prohibitions on age discrimination be when they come into force?

Erica Howard, Middlesex University, UK In 2000, the European Union adopted a Directive against discrimination on the grounds of racial or ethnic origin. This book provides an in-depth evaluation of the Race Directive and its effects, questioning how successful the Race directive has been. The EU Race Directive discusses the history of the fight against racial discrimination in the EU and the equality clauses in international Human Rights instruments. It then examines the terms race, racism and racial discrimination and equality in the Directive. The book also looks at the concepts of equality which can be distinguished in the Race Directive and in the subsequent developments at EU level. Examining whether the Directive has improved the protection against racial or ethnic origin discrimination for people within the EU, the book concludes with an assessment of how far the EU has come on the road to racial equality with the adoption of the Race Directive and the subsequent developments. Selected Contents: 1. The EU and the Fight Against Racial Discrimination 2. International Human Rights Instruments to Combat Racial Discrimination 3. Definitions of Race, Racism and Racial Discrimination 4. The Race Directive and Definitions of Race, Racism and Racial Discrimination 5. Concepts of Equality as Aims of Equality Law 6. The Race Directive and Concepts of Equality 7. Conclusions and Proposals for Change 2009: 234 x 156: 238pp Hb: 978-0-415-54373-6: £75.00 eBook: 978-0-203-86621-4

Family Law

Themes include the ways in which the law has a distinct impact on the lives of older people, human rights, housing, finance, health and social care, discrimination, crime, abuse and the state’s reaction, and poverty and social exclusion. Selected Contents: 1. Introduction 2. Historical Context; What is ’Old Age’? 3. Human Rights and Older People 4. Health and Social Care 5. Property, Housing and Finance 6. Discrimination 7. Criminal Law and Older People 8. The Abuse of Older People 9. Conclusion June 2011: 234 x 156: 350pp Hb: 978-0-415-45421-6: £85.00 Pb: 978-1-85941-922-9: £35.00 For more information, visit: www.routledge.com/9781859419229

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Rights, Gender and Family Law Edited by Julie Wallbank, School of Law, University of Leeds, UK, Shazia Choudhry, Queen Mary University of London, UK and Jonathan Herring, University of Oxford, UK

There has been a widespread resurgence of rights talk in social and legal discourses pertaining to the regulation of family life, as well as an increase in the use of rights in family law cases, in the UK, the US, Canada and Australia. Rights, Gender and Family Law addresses the implications of these developments – and, in particular, the impact of rights-based approaches upon the idea of welfare and its practical application. There are now many areas of family law in which rights and welfare based approaches have been forced together. But whilst, to many, they are premised upon different ethics – respectively, of justice and of care – for others, they can nevertheless be reconciled. In this respect, a central concern is the ’gender-blind’ character of rights-based approaches, and the ontological and practical consequences of their employment in the gendered context of the family. Rights, Gender and Family Law explores the tensions between rights-based and welfare-based approaches: explaining their differences and connections; considering whether, if at all, they are reconcilable; and addressing the extent to which they can advantage or disadvantage the interests of women, children and men. It may be that rights-based discourses will dominate family law, at least in the way that social policy and legislation respond to calls of equality of rights between mothers and fathers. This collection, however, argues that rights cannot be given centre-stage without thinking through the ramifications for gendered power-relations, and the welfare of children. It will be of interest to researchers and scholars working in the fields of family law, gender studies and social welfare.

Selected Contents: 1. Welfare, Rights, Care and Gender in Family Law, Shazia Choudhry, Jonathan Herring and Julie Wallbank 2. Gender, Rights, Responsibilities and Social Policy, Brid Featherstone 3. Child Protection, Gender and Rights, Felicity Kaganas 4. Rights and Responsibility: Girls and Boys Who Behave Badly, Christine Piper 5. (En)Gendering The Fusion of Rights and Responsibilities in the Law of Contact, Julie Wallbank 6. Fatherhood, Law and Fathers’ Rights: Rethinking the Relationship Between Gender and Welfare, Richard Collier 7. Mandatory Prosecution and Arrest as a Form of Compliance with Due Diligence Duties in Domestic Violence – The Gender Implications, Shazia Choudhry 8. The Limitations of Equality Discourses on the Contours of Intimate Obligations, Lisa Glennon 9. Public Norms and Private Lives: Rights, Fairness and Family Law, Alison Diduck 10. The Identification of ‘Parents’ and ‘Siblings’: New Possibilities under the Reformed Human Fertilisation and Embryology Act, Caroline Jones 11. Children with Exceptional Needs: Welfare, Rights and Caring Responsibilities, Joanna Bridgeman 12. Relational Autonomy and Family Law, Jonathan Herring 13. Concluding Thoughts: The Enduring Chaos of Family Law, Helen Rhodes

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International Perspectives on Child Victimisation Julia Davidson, Kingston University, UK and Christopher Hamerton, University of Westminster, UK International Perspectives on Child Victimisation offers a comprehensive overview of the established themes and emergent debates relating to the abuse and victimisation of children. Highlighting key areas of global concern, and illustrated with detailed case studies of important developments, Julia Davidson and Christopher Hamerton address child abuse, child poverty, child exploitation, child prostitution, and child imprisonment within the context of children’s rights, and international legal and policy issues. Their focus in this regard is on the ‘place’ of the child in the context of current victimology and social justice discourses, as they explore the social, cultural, and political context of international child victimisation. A solid introduction to child victimisation for both undergraduate and postgraduate audiences, this book will also appeal to practitioners and policy-makers engaged in child protection and intervention. Selected Contents: 1. Historical Chapter: The Child Victim in Global Context 2. Family Systems, Culture and Religion: Children’s Experience of Abuse 3. Child Abuse: New Technologies and Globalisation 4. Child Soldiers and State Victimisation 5. Child Trafficking and Prostitution 6. Child Prisoners and Legal Capacity 7. Legal Responses and Public Policy: Child Protection and Human Rights July 2011: 234 x 156: 208pp Hb: 978-0-415-57957-5: £75.00 For more information, visit: www.routledge.com/9780415579575

Free Monthly Newsletter Ensure that you’re kept up-to-date with news and information in your area of interest by signing up to our Routledge Law Newsletter. Signing up is quick and easy – simply email law@routledge.com highlighting your areas of interest, and start receiving new title information and special offers direct to your inbox today!

2009: 234 x 156: 304pp Hb: 978-0-415-48267-7: £85.00 Pb: 978-0-415-58958-1: £27.99 eBook: 978-0-203-86947-5 For more information, visit: www.routledge.com/9780415589581

Gender and Sexuality NEW

Gender, Sexualities and Law Edited by Jackie Jones, University of the West of England, UK, Anna Grear, Bristol University, UK, Rachel Anne Fenton, University of the West of England, UK and Kim Stevenson, University of Plymouth, UK Bringing together an international range of academics, Gender, Sexualities and Law provides a comprehensive interrogation of the range of contemporary issues – both topical and controversial – raised by the gendered character of law, legal discourse and institutions. The gendering of law, persons and the legal profession, along with the gender bias of legal outcomes, has been a fractious, but fertile, focus of reflection. It has, moreover, been an important site of political struggle. This collection of essays offers an unrivalled examination of its various contemporary dimensions, focusing on: issues of theory and representation; violence, both national and international; reproduction and parenting; and partnership, sexuality, marriage and the family. Gender, Sexualities and Law will be invaluable for all those engaged in research and study of the law (and related fields) as a form of gendered power. Selected Contents: Part 1: Theory, Law and Sex 1. Women and the Cast of Legal Persons, Ngaire Naffine 2. De/Sexing the Woman Lawyer, Rosemary Hunter 3. ‘Sexing the Matrix’: Embodiment, Disembodiment and the Law: Towards the Re-Gendering of Legal Personality?, Anna Grear 4. Vulnerability, Equality and the Human Condition, Martha A. Fineman Part 2: Representations, Law and Sex 5. The ‘Gendered Company’ Revisited, Alice Belcher 6. The Public Sex of the Judiciary: The Appearance of the Irrelevant and the Invisible, Leslie J. Moran 7. Sexuality, Gender and Social Cognition: Lesbian and Gay Identity in Judicial Decision-Making, Todd Brower 8. The Gendered Dock: Reflections on the Impact of Gender Stereotyping in the Criminal Justice System, Judith Rowbotham Part 3: Violence, Law and Sex 9. ‘She Never Screamed out and Complained’: Recognising Gender in Legal and Media Representations of Rape, Kim Stevenson 10. Gendering Rape: Social Attitudes towards Male and Female Rape, Phil N.S. Rumney and Natalia Hanley 11. When Hate is not Enough: Tackling Homophobic Violence, Iain McDonald 12. The Legal Construction of Domestic Violence: ‘Unmasking’ a Private Problem, Mandy Burton Part 4: International Violence, Law and Sex 13. Criminalization or Protection? Tensions in the Construction of Prevention Strategies Concerning Trafficking for the Purposes of Sexual Exploitation, Anna Carline 14. A Woman’s Honour and a Nation’s Shame: ‘Honour Killings’ in Pakistan, Shilan Shah-Davis 15. Supranational Criminal Prosecution of Sexual Violence, Anne-Marie de Brouwer Part 5: Reproduction, Law and Sex 16. The Strange Case of the Invisible Woman in Abortion Law Reform, Kate Gleeson 17. Third-Wave Feminism, Motherhood and the Future of Feminist Legal Theory, Bridget J. Crawford 18. ‘Shall I be Mother?’ Reproductive Autonomy, Feminism and the Human Fertilisation and Embryology Act 2008, Rachel Anne Fenton, D. Jane V. Rees and Sue Heenan 19. Motherhood and Autonomy in a Shared Parenting Climate, Susan B. Boyd Part 6: Relationships, Law and Sex 20. A Very British Compromise? Civil Partnerships, Liberalism by Stealth and the Fallacies of Neo-Liberalism, Jeffrey Weeks 21. Attitudes to Same-Sex Marriage in South African Muslim Communities: An Exploratory Study, Elsje Bonthuys and Natasha Erlank 22. Taking ‘Sex’ out of Marriage in the EU, Jackie Jones 23. From Russia (and Elsewhere) with Love: Mail Order Brides, Jennifer Marchbank February 2011: 234 x 156: 336pp Hb: 978-0-415-57439-6: £85.00 eBook: 978-0-203-83142-7 For more information, visit: www.routledge.com/9780415574396

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Men, Law and Gender

NEW

NEW

Essays on the ‘Man’ of Law

Regulating the International Movement of Women

Women, Judging and the Judiciary

From Protection to Control

From Difference to Diversity

Edited by Sharron FitzGerald, University of Aberystwyth, UK

Erika Rackley, Durham University, UK

Richard Collier, Newcastle University, UK

What does it mean to speak of ‘men’ as a gender category in relation to law? How does law relate to masculinities? This book presents the first comprehensive overview and critical assessment of the relationship between men, law and gender; outlining the contours of the ‘man’ of law across diverse areas of legal and social policy. Written in a theoretically informed, yet accessible style, Men, Law and Gender provides an introduction to the study of law and masculinities whilst calling for a richer, more nuanced conceptual framework in which men’s legal practices and subjectivities might be approached. Building on recent sociological work concerned with the relational nature of gender and personal life, Richard Collier argues that social, cultural and economic changes have reshaped ideas about men and masculinities in ways that have significant implications for law.

Regulating the International Movement of Women interrogates the complex relationship between the state and the normative regulation of women who cross national borders. Women’s vulnerability in transborder migration circuits is a widely debated topic across the social sciences and humanities, and there have been numerous studies of the processes that create the inequality that make female migrants, in particular, vulnerable. However, the contributors to this book stress the need for a more considered engagement with those legal and political discourses that, claiming to protect women, also prohibit and normalise certain gendered identities. Organised around the themes of race, citizenship and human trafficking, Regulating the International Movement of Women documents this relationship between state protection and state control, as it pursues a critical examination of the role that the notion of vulnerability plays in the regulation of migrant women.

For more information, visit: www.routledge.com/9781904385493

Selected Contents: Introduction: Identifying the Problematic: Why Does Vulnerability Matter?, Sharron A. FitzGerald Section 1: Race 2. Babies, Berries and Bedrooms: Vulnerability and Citizenship among Female Labour Migrants from the Global South, Jenna L. Hennebry 3. Crossing Borders, Inhabiting Spaces: The (In)credibility of Sexual Violence in Asylum Appeals, Helen Bailliot, Sharon Cowan and Vanessa Munro 4. Race, Normativity and the Biopolitics of Vulnerable Labourers, Deborah Dixon Section 2: Citizenship 5. A Gender Perspective on the Return of ‘Illegal Immigrants’, Heli Askola 6. (En)gendering Vulnerability in Borderlands: Femicide and Citizenship, Marie Woodling 7. Orpah’s Daughters: Dangerous Vulnerability, Second Generations and the Nation State, Máiréad Enright Section 3: Human Trafficking 8. Moral and Legal Obligations of the State to Victims of Sex Trafficking: Vulnerability and Beyond, Tsachi Keren-Paz 9. Human Trafficking, Prostitution and the Construction of the New Female Victim, Jo Phoenix 10. Adaptive Normative Spatiality: Sovereignty, Mobility and the Female Trafficked Migrant, Sharron A. FitzGerald

NEW

April 2011: 234 x 156: 208pp Hb: 978-0-415-57949-0: £75.00

Public Sex and the Law

For more information, visit: www.routledge.com/9780415579490

Selected Contents: 1. Men, Masculinities and Law: Recasting the ‘Man Question’ in Legal Studies 2. The Restructured University – Rethinking the Gendered Law School 3. Beyond the ‘Private Life’ of the Law School: Class and the (Legal) Academic Subject 4. ‘Read What The Law Firms Say’: Gender and the Representation of Career Success in the Contemporary Legal Profession 5. Engaging Fathers, Changing Men?: Law, Gender and Parenting Cultures 6. ‘Please Send Me Evenings and Weekends’: Male Lawyers, Gender and the Negotiation of Work and Family Commitments 7. On Fathers’ Rights, Law and Gender: Recasting the Questions About Men, Masculinities and Personal Life 2009: 234 x 156: 304pp Hb: 978-1-904385-49-3: £80.00 eBook: 978-0-203-86212-4

Silent Desire Chris Ashford, University of Sunderland, UK Public Sex and the Law: Silent Desire examines the current legal status and regulation of public sex. Legal reform of sexuality appears to have focused upon the lesbian, gay and bisexual communities. But whilst ‘gay’ sexual acts and identities have seen a raft of legal reform and international debate – most notably in North America – sexuality activists have been reluctant to defend public sex, let alone campaign for legal reform. The men and women who engage in public sex and their expression of desire remains silent not only in the somatic encounters that take place, but also within the policy-making process. This book draws upon original and multi-disciplinary research into the operation of the ‘public sex community’ to highlight the unacknowledged battle being waged between the law enforcement and the cruising, cottaging and dogging communities.

Women, Judging and the Judiciary explores continuing debates about gender representation in the judiciary and, more specifically, the importance of judicial diversity, in order to provide a fresh look at the role of the (woman) judge and the process of judging. There has been considerable debate and policy development in recent years around the issue of judicial diversity and, in particular, the need to appoint more women to the judiciary. Nevertheless, progress to date has been painfully slow, and the number of women judges, especially at senior levels, remains minuscule. This book builds on prevalent concerns with increasing judicial diversity, with enhancing the position of various underrepresented groups within the judiciary, and with constitutional reform more generally, to provide a new analysis of the assumptions which underpin, and constrain, current debates about how to achieve these aims. Providing the first critical theoretical engagement with the concepts of ‘diversity’ and ‘difference’ in the context of adjudication, Erika Rackley considers the extent to which prevailing images of the judge are enmeshed in notions of sameness and uniformity: images which are so familiar and two-dimensional that their grip on our imaginative and cognitive processes are routinely overlooked. Failing to confront such instinctive images of the judge and of judging, our understandings and interpretations are as much derived from such preconceptions as they are from what is conventionally considered to be rational thought. And, whilst deploying literary examples and techniques as a means of identifying and disrupting the hold that particular images and narratives of the judge and judging have on us, Women, Judging and the Judiciary not only explains why attempts at judicial inclusiveness and difference fail, it also pursues a deeper understanding of what judicial diversity might mean. Selected Contents: 1. Feminism, Judicial Diversity and the Legal Imagination 2. Representations of the Woman Judge 3. Introducing Difference 4. Exorcising Difference and Defining Diversity 5. Women, Judging and Diversity June 2011: 234 x 156: 208pp Hb: 978-0-415-54861-8: £75.00 For more information, visit: www.routledge.com/9780415548618

NEW

Sexuality and the Politics of Rights in Southern Africa The Legacy of Venus Monstrosa Oliver Phillips, University of Westminster, UK Exploring sexuality and what constitutes appropriate sexual behaviours in South Africa and Zimbabwe, this book views sexuality as an instrument of social regulation and traces the historical continuities between colonialism and current debates. The distinctly contrary ways that both countries have approached sexuality epitomize either the intransigence of the ‘traditional’ or the promise of ‘liberation’. Phillips analyzes their differences and similarities, including the contrasting role of the constitution as a platform for rights in each country, their different engagement with customary law and legal subjectivity within the context of a range of concerns, including: • gender equality • expressions of cultural authenticity • rights in local attempts to define the post-colonial nation.

November 2011: 234 x 156: 240pp Hb: 978-0-415-55287-5: £75.00

A powerful look at the key elements of gender relations, post-colonial nationhood and sexual rights, this book is an invaluable legal reference resource for all those interested in the interface between sexuality, gender and the law.

For more information, visit: www.routledge.com/9780415552875

Selected Contents: Introduction. The Growth of the State and the Development of ’Sexuality’. Sex Panics and the Nation. HIV/AIDS, National Policies and the Troubles of Sex. Intimate Challenges, Public Containment. Conclusion May 2011: 234 x 156: 250pp Hb: 978-1-904385-18-9: £75.00 For more information, visit: www.routledge.com/9781904385189

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Queer Theory: Law, Culture, Empire

Transcending the Boundaries of Law

Edited by Robert Leckey and Kim Brooks, both at McGill University, Canada

Generations of Feminism and Legal Theory

Queer Theory: Law, Culture, Empire uses queer theory to examine the complex interactions of law, culture, and empire. Building on recent work on empire, and taking contextual, socio-legal, comparative, and interdisciplinary approaches, it studies how activists and scholars engaged in queer theory projects can unwittingly advance imperial projects and how queer theory can itself show imperial ambitions. The authors – from five continents – delve into examples drawn from Bollywood cinema to California’s 2008 marriage referendum. The chapters view a wide range of texts – from cultural productions to laws and judgments – as regulatory forces requiring scrutiny from outside Western, heterosexual privilege. This innovative collection goes beyond earlier queer legal work, engaging with recent developments, featuring case studies from India, South Africa, the US, Australasia, Eastern Europe, and embracing the frames offered by different disciplinary lenses. Queer Theory: Law, Culture, Empire will be of particular interest to students and researchers in the fields of socio-legal studies, comparative law, law and gender/ sexuality, and law and culture. Selected Contents: 1. Introduction, Robert Leckey and Kim Brooks Part 1: Constitution 2. Queer Theory, Neoliberalism and Urban Governance, Jon Binnie 3. Regulating ‘Perversion’: The Role of Tolerance in De-Radicalizing the Rights Claims of Sexual Subalterns, Ratna Kapur Part 2: Representation 4. Cinema of Queer Desires: Bombay Cinema and Emergent Sexualities, Shohini Ghosh 5. Post-Apartheid Fraternity, Post-Apartheid Democracy, Post-Apartheid Sexuality: Queer Reflections on Jane Alexander’s ’Butcher Boys’, Jaco Barnard-Naudé 6. The Judicial Virtue of Sexuality, Leslie J. Moran Part 3: Regulation 7. Reproductive Outsiders – The Perils and Disruptive Potential of Reproductive Coalitions, Jenni Millbank 8. Queer/Religious Potentials in US Same-Sex Marriage Debates, Jeffrey A. Redding 9. What’s Queer about Polygamy?, Margaret Denike Part 4: Exclusion 10. An ‘Imperial’ Strategy? The Use of Comparative and International Law in Arguments about LGBT Rights, Nicholas Bamforth 11. Reproducing Empire in Same Sex Relationship Recognition and Immigration Law Reform, Nan Seuffert 12. UnSettled, Ruthann Robson May 2010: 234 x 156: 240pp Hb: 978-0-415-57228-6: £75.00 eBook: 978-0-203-85611-6 For more information, visit: www.routledge.com/9780415572286

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Edited by Martha Albertson Fineman, Emory University, USA

Transcending the Boundaries of Law is a ground-breaking collection that will be central to future developments in feminist and related critical theories about law. In its pages three generations of feminist legal theorists engage with what have become key feminist themes, including equality, embodiment, identity, intimacy, and law and politics. This new anthology provides a ’retrospective’ on the past twenty-five years of scholarly engagement with issues relating to gender and law, as well as suggesting directions for future inquiry, including the tantalizing suggestion that feminist legal theory should move beyond gender as its primary focus to consider the theoretical, political, and social implications of the universally shared and constant vulnerability inherent in the human condition. Selected Contents: Introduction, Martha Albertson Fineman Section 1: From Women in the Law to Feminist Legal Theory 1. “Le Féminisme” and Professionalism in Law: Reflections on the History of Women Lawyers, Mary Jane Mossman 2. An Inconsistent Affair: Feminism and the Legal Academy, Margaret Thornton 3. Have Pantsuit, Will Travel, Patricia J. Williams 4. Grappling with Equality: One Feminist Journey, Martha Albertson Fineman Section 2: Engaging Equality 5. What’s So Hard About Sex Equality?: Nature, Culture, and Social Engineering, Linda C. McClain 6. No Male or Female, Mary Anne Case 7. The New Faces of Feminism: Feminism in Action and Organic Feminists in a Post-Feminist Era, Michèle Alexandre Section 3: Engaging Bodies 8. Feminist Legal Theory as Embodied Justice, Isabel Karpin and Roxanne Mykitiuk 9. Privatization and Punishment in the New Age of Reprogenetics, Dorothy E. Roberts 10. A Tale of Two Bodies: The Male Body and Feminist Legal Theory, Michael Thomson Section 4: Engaging Universals and Engaging Identities 11. The Vulnerable Subject: Anchoring Equality in the Human Condition, Martha Albertson Fineman 12. Resistance in the Afterlife of Identity, Darren Lenard Hutchinson 13. Gender Equality, Citizenship Status, and the Politics of Belonging, Siobhán Mullally Section 5: Engaging Intimacy and Family 14. When and Where They Enter, Robin West 15. New Frontiers in Family Law, Laura T. Kessler 16. Family Law, Feminist Legal Theory, and the Problem of Racial Hierarchy, Twila L. Perry 17. Living Alone: New Demographic Research, Adam P. Romero Section 6: Engaging the State 18. Learning the Lessons: What Feminist Legal Theory Teaches International Human Rights Law and Practice, Fionnuala Ní Aoláin 19. Prosecuting Sexual Violence in the Ad Hoc International Criminal Tribunals for Rwanda and the Former Yugoslavia, Fiona de Londras 20. Theorizing the More Responsive State: Transcending the (National) Boundaries of Law, Laura Spitz Section 7: Engaging Politics 21. Gender Scripting and Deliberative Democracy, Holning Lau 22. The Accidental Feminist: A Story of Transformation, Constitutional and Otherwise, Victoria F. Nourse 23. Defending and Developing Critical Feminist Theory as Law Leans Rightward, Martha T. McCluskey July 2010: 234 x 156: 432pp Hb: 978-0-415-48138-0: £95.00 Pb: 978-0-415-48140-3: £27.99 eBook: 978-0-203-84853-1 For more information, visit: www.routledge.com/9780415481403

Human Rights Routledge Research in Human Rights Law NEW

Human Rights in the Asia-Pacific Region Towards Institution Building Edited by Hitoshi Nasu, Australian National University, Australia and Ben Saul, University of Sydney, Australia The Asia-Pacific region is known for having one of the least developed institutional mechanisms for protecting human rights. This edited collection makes a timely and distinctive contribution to contemporary debates about strengthening the institutional protection of human rights in the Asia-Pacific region, in the wake of ASEAN’s announcement in 2009 of an ASEAN regional human rights mechanism. Drawing together leading scholarly voices, the book focuses on the systemic issue of institutionalising human rights protection in the Asia-Pacific. It critically examines the prospects for deepening and widening the institutionalization of human rights monitoring in the region, challenging the orthodox scepticism about whether Asia is ’ready’ for stronger institutions. The volume analyses the impediments to institutions, whilst questioning the need for them. The collection provides a range of perspectives on the issues and many of the chapters bring a variety of interdisciplinary insights to bear. Selected Contents: Introduction: Regional Integration and Human Rights Monitoring Institution, Hitoshi Nasu Part 1: International Institutions 1. The Engagement of Asia-Pacific States with the UN Human Rights Committee: Reporting and Individual Petitions, Ivan Shearer 2. Human Rights Monitoring Institutions and Multiculturalism, Nisuke Ando 3. Challenges to the Establishment of a Human Rights Mechanism in the Asia-Pacific Region: Through the Experience of the Universal Periodic Review of the UN Human Rights Council, Shigeki Sakamoto 4. Innovations in Institution-Building and Fresh Challenges: The Optional Protocol to the Convention against Torture and the Convention on the Rights of Persons with Disabilities, Sarah McCosker 5. Chinese Practice in UN Treaty Monitoring Bodies: Principled Sovereignty and Slow Appreciation, Wim Muller Part 2: Regional Institutions – Evolving Mechanisms 6. What Can the Asia-Pacific Region Learn from Regional Mechanisms in Europe, the Americas, and Africa?, Ben Saul, Jacqueline Mowbray and Irene Baghoomians 7. Persistent Engagement and Insistent Persuasion: The Working Group for an ASEAN Human Rights Mechanism’s Role in Institutionalising Human Rights in the Region, Hsien-Li Teresa Tan 8. ASEAN Norms and Setting the Agenda for the Rights of Migrant Workers, Susan Kneebone 9. Challenges for ASEAN Human Rights Mechanisms: The Case of Women Rights in Lao PDR, Irene Pietropaoli Part 3: Trans-National and National Institutions 10. The Role of Networks in the Implementation of Human Rights in the Asia-Pacific Region, Catherine Renshaw 11. Human Rights Commissions in Times of Trouble and Transition: The Case of the National Human Rights Commission of Nepal, Andrea Durbach 12.Corporate Human Rights Abuses: What Role for the National Human Rights Institutions?, Surya Deva 13. Rethinking Human Rights in China: Towards a Receptor Framework, Mimi Zou and Tom Zwart October 2011: 234 x 156: 256pp Hb: 978-0-415-60254-9: £75.00 For more information, visit: www.routledge.com/9780415602549

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NEW

NEW

NEW

Emerging Areas of Human Rights in the 21st Century

International Human Rights Law and Domestic Violence

The Role of the Universal Declaration of Human Rights

The Effectiveness of International Human Rights Law

Ensuring and Enforcing Economic, Social and Cultural Rights

Edited by Marco Odello and Sofia Cavandoli, both at Aberystwyth University, UK

Ronagh J.A. McQuigg, Queen’s University Belfast, UK

This book includes a set of studies and reflections that have emerged since the adoption of the Universal Declaration of Human Rights in 1948. Encompassing a number of human rights, such as the right to environmental protection, the right to humanitarian aid, and the right to democratic governance, this collection focuses on issues and areas that were not originally mentioned or foreseen in the Declaration but that have since developed into salient topics. These developing rights are considered in the light of contemporary national and international law, as well as against the wider picture and the contexts in which human rights may have effect. Moreover, the topics covered take in a wide range of research fields, including law, politics and criminology. Selected Contents: Introduction Marco Odello and Sofia Cavandoli 1. ’Virtual World, Real Rights?’ Human Rights and the Internet Diane Rowland 2. The Dilemma of Intervention: Human Rights and the UN Security Council Emma McClean 3. The Contribution of the Universal Declaration of Human Rights to the Promotion and Protection of Democracy in International Law Richard Burchill and Sofia Cavandoli 4. Human Rights Dimensions of Contemporary Environmental Protection Engobo Emeseh 5. Offenders, Deviants or Patients? Human Rights and the Incarcerated Offender Gareth Norris 6. Indigenous Rights in the Constitutional State Marco Odello 7. An International Convention on the Rights of Older People? John Williams 8. Humanitarian Aid, Human Rights and Corruption Indira Carr and Susan Breau July 2011: 234 x 156: 208pp Hb: 978-0-415-56209-6: £75.00 eBook: 978-0-203-83172-4 For more information, visit: www.routledge.com/9780415562096

This book examines the effectiveness of international human rights law, through the case study of domestic violence. This book asks whether international human rights law can only be effective in ‘traditional’ cases of human rights abuse or whether it can rise to the challenge of being used in relation to such an issue as domestic violence? The book focuses primarily on the question of how international human rights law could be used in relation to domestic violence in the United Kingdom. The book considers recent case law from the European Court of Human Rights on domestic violence and whether the UK courts could use the Human Rights Act 1998 to assist victims of domestic violence. The book goes on to look in detail at the statements of the international human rights bodies on domestic violence, with particular focus on those made by the United Nations Committee on the Elimination of Discrimination against Women and the Special Rapporteur on Violence against Women. The book explores the impact that the statements have had so far on the UK government’s policy in relation to domestic violence Selected Contents: Introduction 1. Potential Problems for the Effectiveness of International Human Rights Law as Regards Domestic Violence 2. What Measures may it be Beneficial for Human Rights Law to Achieve in relation to Domestic Violence? 3. The Jurisprudence of the European Court of Human Rights 4. The Human Rights Act 1998 – Could the United Kingdom Courts Rise to the Challenge? 5. The Approach of the International Human Rights Bodies to Domestic Violence 6. Implementation of the Statements of the International Human Rights Bodies in the United Kingdom 7. Conclusion March 2011: 234 x 156: 256pp Hb: 978-0-415-58226-1: £75.00 For more information, visit: www.routledge.com/9780415582261

NEW IN 2012

Vindicating Socio-Economic Rights International Standards and Comparative Experiences Paul O’Connell, University of Leicester, UK Notwithstanding the widespread and persistent affirmation of the indivisibility and equal worth of all human rights, socio-economic rights continue to be treated as the Cinderella of the human rights corpus. At a domestic level this has frequently resulted in little appetite for the explicit recognition and judicial enforcement of such rights in constitutional democracies. One of the reasons often given for this is the apprehension that the judicial enforcement of socio-economic rights is fundamentally at variance with the doctrine of the separation of powers. This book draws on the comparative experiences in a diverse number of jurisdictions, including South Africa, India, Canada, and Ireland, which have addressed the issue of socio-economic rights. In doing so it seeks to show that courts can play a substantial role in the vindication of socio-economic rights, while still respecting the relative institutional prerogatives of the other branches of government. To this end the book sets out a ’model’ approach which considers the standard of review which courts should, generally, adopt in socio-economic right cases, the optimum remedial approach and also sign-posts some potential problems or shortcomings of this model. Selected Contents: 1. Introduction 2. International Standards on Socio-Economic Rights 3. The South African Experience 4. Developing Social Rights in India 5. The Canadian Charter, Substantive Equality and Social Rights 6. The Irish Rejection of Socio-Economic Rights 7. A Model Adjudicative Framework 8. Conclusions January 2012: 234 x 156: 256pp Hb: 978-0-415-60988-3: £75.00 For more information, visit: www.routledge.com/9780415609883

The Jurisprudence of the UN Committee on Economic, Social and Cultural Rights Marco Odello, Aberystwyth University, UK and Francesco Seatzu, University of Cagliari, Italy This book offers an in depth analysis of the United Nations Committee on Economic, Social and Cultural Rights from an international legal perspective. The book will provide a detailed account of the structure and functioning of the Committee on Economic, Social and Cultural Rights in the light of its jurisprudence, analysing Committee procedures and practice including the recent Optional Protocol providing the right for individual complaints. The book will also consider the possible implications of the work of this Committee on other UN Committees, and the repercussions of its work on the international protection of fundamental rights, such as the right to education, to health and adequate food. Selected Contents: 1. The International Covenant on Economic, Social and Cultural Rights 2. Towards Unity or Fragmentation of Human Rights Protection? The 2009 Optional Protocol 3. The UN Committee on Economic, Social and Cultural Rights 4. The System of Periodic Reporting 5. General Comments 6. Conclusions December 2010: 234 x 156: 256pp Hb: 978-0-415-58235-3: £75.00 For more information, visit: www.routledge.com/9780415582353

NEW

The Human Right to Water and its Application in the Occupied Palestinian Territories Amanda Cahill Ripley, University of Lancaster, UK This book provides an overview and examination of the human right to water as determined under international human rights law, including establishing its current legal status and substantive content and dealing with general questions and issues related to economic, social and cultural rights which affect the right to water. The book goes on to look more specifically at the application of the human right to water in the Occupied Palestinian Territories. As well as exploring the human right to water under international human rights law the book also analyses the international humanitarian law pertaining to occupation and domestic and bilateral provisions for the right to water within the Occupied Palestinian Territories. Selected Contents: 1. The Historical Legal and Political Context of the Right to Water 2. The Human Right to Water – Legal Status and Normative Content 3. Obligations Correlative to the Right to Water 4. The Right to Water in the Occupied Palestinian Territories (West Bank) Part 1: International Legal Sources 5. The Right to Water in the Occupied Palestinian Territories (West Bank) Part 2: Bilateral and Domestic Legal Sources 6. The Right to Water in the Occupied Palestinian Territories (West Bank) Part 3: A Case Study in the Southern West Bank 7. Where do we go from here? Conclusions and Recommendations for developing the Right to Water April 2011: 234 x 156: 264pp Hb: 978-0-415-57786-1: £75.00 For more information, visit: www.routledge.com/9780415577861

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NEW

NEW

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The EU as a ‘Global Player’ in Human Rights?

The European Court of Human Rights in the Post-Cold War Era

Edited by Jan Wetzel, University of Lincoln, UK

Universality in Transition

Human Rights Monitoring Mechanisms of the Council of Europe

Following on from the 2008 Kadi-decision by the European Court of Justice, which has been widely discussed as possibly creating a conflict between the UN and the EU, this book explores whether the EU’s human rights order has real and distinctive relevance on a global scale and whether it can be considered as a significant international human rights organisation. The contributions to this volume are clustered around four themes: the EU human rights policies in international institutions; the influence of EU human rights law outside of Europe; whether the EU human rights order has set new substantive rules which are different from other international/regional standards; and the relationship between human rights and economic goals in the EU.

James A. Sweeney, University of Durham, UK

Selected Contents: 1. Introduction, Jan Erik Wetzel Part 1: EU Human Rights Policies in International Institutions 2. The Perils of Unity: Adverse Effects of the EU’s ‘One Voice’ Approach at the UN Human Rights Council, Joachim A. Koops and Gjovalin Macaj 3. Facilitating EU Commitment to the International Criminal Court: The Role of the ICC Legal Tools Project, Olympia Bekou and Mark Chadwick 4. The EC’s Role in the WTO to Enforce Protection of Human Rights: A Desirable Leadership?, Tamara Takács Part 2: The Influence of EU Human Rights Law Outside of Europe 5. Influence of the European Union on Japan in the Field of Asylum Law and Policy, Emiko Nakasaka 6. The Protection of Human Rights in ESDP Military Missions: A State of Mind or a Shortcoming?, Maria Luisa Sánchez Barrueco 7. Soft Imperialism or Empty Rhetoric? – Analysing the EU’s Promotion of Human Rights Towards China on the Issue of Tibet through the ‘Normative Power Europe’ Role Concept, Wenwen Shen Part 3: EU Human Rights Law as a Regional International Standard 8. Drawing the Line: EU Equality Protections for ‘All’ or for Groups? Joanne Milner 9. Double Jeopardy in Europe: What Lessons for Global Players?, Dawn Sedman 10. Defining the Free Press: EU Perspectives on the Protection of Freedom of Speech, the Media and Fundamental Rights, Angus Nurse Part 4: The EU and Human Rights: Severing the Economic Connection? 11. The EU Competition Policy as an International Human Rights Issue, Wolfgang Weiß 12. European Human Rights Law as a Multi-Level Human Rights Regime, Marton Varju 13. Assessing the EU’s Position on Human Rights: It is a Desirable One?, Richard Burchill 14. Conclusion, Pamela Barnes December 2010: 234 x 156: 320pp Hb: 978-0-415-58705-1: £75.00 For more information, visit: www.routledge.com/9780415587051

The European Court of Human Rights has been a vital part of European democratic consolidation and integration for over half a century, setting meaningful standards and offering legal remedies to the individually repressed, the politically vulnerable, and the socially excluded. After their emancipation from Soviet influence in the 1990s, and with membership of the European Union in mind for many, the new democracies of central and eastern Europe flocked to the Convention system. However, now the ‘gold rush’ is over, the Court’s position in the ‘New Europe’ is under threat. Its ability to decide cases promptly is almost fatally compromised, and the reform of its institutional architecture is effectively blocked by Russia. The time is right to take stock, to benefit from hindsight, and to consider how the Court can respond to the situation. This book examines the case law of the European Court of Human Rights with particular reference to democratic transitions in Europe and the consequent enlargement of the European Convention system. Focusing firmly on the substantive jurisprudence of the Court, the book analyses how it has responded to the difficult and distinct circumstances presented by the new Contracting Parties. Faced with different stages of, and commitments to, democratic transition, how has the Court reacted to such diversity whilst maintaining the universality of human rights – and how is this reflected in its judgments? The book tackles this question by matching rigorous doctrinal analysis of the case law with new developments in critical thinking. The cases are viewed through the prism of jurisprudence and political philosophy, with links made to European political integration and other international human rights systems. The book offers an original explanation of the Court’s predicament by drawing upon ‘thick’ and ‘thin’ notions of morality and tying this to notions of essential contestability. Selected Contents: 1. Introduction Part 1: Concepts – Delimiting the Problem: Democratic Transition and Enlargement 2. Enlargement 3. Decommunisation and Transitional Justice 4. Universality Part 2: Cases – Democratic Transition and Enlargement: Background and Key Cases 5. The European Court of Human Rights and Transitional Policies 6. The European Court of Human Rights and Democratic Rights in the Transitional Context Part 3: Conclusions 7. Institutional Consolidation and Judicial Responses: A Delicate Interplay 8. Universality and Democracy as Essentially Contested Concepts 9. Conclusion: After the Gold Rush January 2011: 234 x 156: 256pp Hb: 978-0-415-54433-7: £75.00

Edited by Gauthier de Beco, Catholic University of Louvain, Belgium This book explores the human rights monitoring mechanisms of the Council of Europe: the Commissioner for Human Rights, the European Committee for the Prevention of Torture and Inhuman or Degrading Treatment or Punishment, the European Committee of Social Rights, the Advisory Committee on the Framework Convention for the Protection of National Minorities, the Committee of Experts of the European Charter for Regional or Minority Languages, the European Commission against Racism and Intolerance. Unlike the European Court of Human Rights, these mechanisms do not make binding decisions on human rights violations, having little or no quasi-judicial powers. They are non-judicial mechanisms which focus on the prevention of human rights violations, seeking to establish a permanent dialogue with governments to encourage them to better implement human rights. They function principally through the use of national reports, on which basis they make recommendations, and may also visit or question states directly. The book will look at each mechanism in turn and consider a number of issues including: at the role and procedures; its effectiveness in terms of monitoring and ensuring its findings are implemented; its level of cooperation with other international actors including other organs of the Council of Europe, UN and EU bodies, NGOs and national human rights institutions and ombudsmen; its relationship with the European Court of Human Rights; and whether human rights indicators would be useful in improving its monitoring. Each chapter has been written by an expert in the field. The introduction to the volume outlines the common features and purposes of these mechanisms as well as key questions to be addressed in the following chapters, while the conclusion provides an evaluation of their effectiveness and consider future perspectives. Selected Contents: 1. Introduction 2. Commissioner for Human Rights 3. European Committee for the Prevention of Torture and Inhuman or Degrading Treatment or Punishment 4. European Committee of Social Rights 5. Advisory Committee on the Framework Convention for the Protection of National Minorities 6. Committee of Experts of the European Charter for Regional or Minority Languages 7. European Commission against Racism and Intolerance 8. Conclusion October 2011: 234 x 156: 256pp Hb: 978-0-415-58162-2: £75.00 For more information, visit: www.routledge.com/9780415581622

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Are Human Rights for Migrants?

Asylum, Welfare and the Cosmopolitan Ideal

Critical Reflections on the Status of Irregular Migrants in Europe and the United States

A Sociology of Rights

Critical Perspectives on the Responsibility to Protect

Lydia Morris, University of Essex, UK

Interrogating Theory and Practice

Edited by Marie-Benedicte Dembour and Toby Kelly

Asylum, Welfare and the Cosmopolitan Ideal: A Sociology of Rights puts forward the argument that rights must be understood as part of a social process: a terrain for strategies of inclusion and exclusion but also of contestation and negotiation. Engaging debate about how ‘cosmopolitan’ principles and practices may be transforming national sovereignty, Lydia Morris explores this premise through a case study of legal activism, civil society mobilisation, and judicial decision-making. The book documents government attempts to use destitution as a deterrent to control asylum numbers, and examines a series of legal challenges to this policy, spanning a period both before and after the Human Rights Act. Lydia Morris shows how human rights can be used as a tool for radical change, and in so doing proposes a multi-layered ’model’ for understanding rights. This incorporates political strategy, public policy, civil society mobilisation, judicial decision-making, and their public impact, and advances a dynamic understanding of rights as part of the recurrent encounter between principles and politics. Rights are therefore seen as both a social product and a social force.

Edited by Philip Cunliffe, University of Kent, UK

NEW

Are Human Rights for Migrants? Critical Reflections on the Status of Irregular Migrants in Europe and the United States examines upon the possibilities and limitations which arise from approaching the situation of migrants in human rights terms. Bringing together a range of international experts, the book addresses three sets of questions, of tremendous current theoretical and practical import: What do we mean by human rights when we talk about the human rights of migrants? Is the problematic access of migrants to human rights protection inherent within the concept of human rights, or is it attributable to a defect in their implementation? Should we look beyond human rights for an effective source of protection for migrants? Exploring, among other issues, immigration detention, the living conditions of irregular migrants, the benefits and limits of constitutional protection, and the assessment of evidence in asylum and immigration tribunals, Are Human Rights for Migrants? approaches both European and US developments in the areas of immigration and asylum law from a social and a theoretical perspective. Its critical reflections on a human rights approach to asylum and immigration will be of considerable value to students, scholars and practitioners with interests in this area. Selected Contents: Introduction, Marie-Bénédicte Dembour and Tobias Kelly Part 1: Taking it as a Given: The Affirmation of the Optimist 1. The Recognition of the Rights of Migrants within the UN Human Rights System: The First Sixty Years, Stefanie Grant 2. Irregular Migration and Frontier Deaths: Acknowledging a Right to Identity, Stefanie Grant Part 2: Deliberating: The Efforts of those Who Work the System 3. The Constitutional Status of Irregular Migrants: Testing the Boundaries of Human Rights Protection in Spain and the United States, Cristina Rodriguez and Ruth Rubio Marin 4. The Human Rights of Migrants as Legal Tools and Discursive Principles for Re-Framing Individual Justice in Modern Constitutionalism, Galina Cornelisse Part 3: Protesting: The Outrage of the Witness 5. ‘Not our Problem’: Why the Conditions of Irregular Migrants in Detention are not Considered a Human Rights Issue in Malta, Daniela De Bono 6. The Calaisis Area: Transit Zone or Dead-End?, Marie Martin Part 4: Keeping Oneís Distance: The Puzzlement of the Sceptic 7. Human Rights and Immigration Detention in the UK, Mary Bosworth 8. The Legalisation of Human Rights and the Protection of Torture Survivors: Asylum, Evidence and Disbelief, Tobias Kelly 9. The Rights of the Person: A Constitutional Agenda Drawn from the US Experience, Linda Bosniak 10. Afterword, Upendra Baxi April 2011: 234 x 156: 208pp Hb: 978-0-415-61906-6: £75.00 For more information, visit: www.routledge.com/9780415619066

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Selected Contents: 1. The Right to Have Rights: Fond Illusion or Credo for Our Times? 2. Asylum Immigration and the Art of Government 3. Welfare Asylum and the Politics of Judgment 4. Civil Society and Civil Repair 5. An Emergent Cosmopolitan Paradigm? 6. Civic Stratification and the Cosmopolitan Ideal 7. Cosmopolitanism Human Rights and Judgment 8. Conclusion: A Sociology of Rights March 2010: 234 x 156: 184pp Hb: 978-0-415-49773-2: £75.00 Pb: 978-0-415-60294-5: £27.99 eBook: 978-0-203-85528-7 For more information, visit: www.routledge.com/9780415602945

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Series: Routledge Studies in Intervention and Statebuilding This edited volume critically examines the widely supported doctrine of the ’Responsibility to Protect’, and investigates the claim that it embodies progressive values in international politics. Selected Contents: Introduction Philip Cunliffe Part 1: The Responsibility to Protect: History and Politics 2. The Skeleton in the Closet: The Responsibility to Protect in History Noam Chomsky 3. Understanding the Gap between the Promise and Reality of the Responsibility to Protect David Chandler 4. The Responsibility to Protect and the End of the Western Century Tara McCormack Part 2: The Responsibility to Protect: International Law and Order 5. A Dangerous Duty: Power, Paternalism and the Global ‘Duty of Care’ Philip Cunliffe 6. Responsibility to Peace: A Critique of R2P Mary Ellen O’Connell 7. The Responsibility to Protect and International Law Aidan Hehir Part 3: The Responsibility to Protect in Africa 8. The Irresponsibility of the Responsibility to Protect in Africa Adam Branch 9. Responsibility to Protect or Right to Punish? Mahmood Mamdani December 2010: 234 x 156: 160pp Hb: 978-0-415-58623-8: £75.00 eBook: 978-0-203-83429-9 For more information, visit: www.routledge.com/9780415586238

Child Hunger and Human Rights International Governance Clair Apodaca, Florida International University, USA Series: Routledge Research in Human Rights

On the Right of Exclusion: Law, Ethics and Immigration Policy Bas Schotel, University of Amsterdam, the Netherlands On the Right of Exclusion: Law, Ethics and Immigration Policy addresses the current immigration laws and practices of Western states, and argues that if states cannot substantially justify the exclusion of an alien, the latter should be admitted. When states deny aliens admission to their territory, they do not substantially justify the exclusion vis-à-vis the excluded alien. Bas Schotel challenges this state of affairs and calls for a reversal of the default position in admission laws. The justification should, he argues, involve a serious accounting for the interests and reasons applicable to the alien seeking admission. Which is to say that the burden of proof should lie with the state. To build this argument, the book makes three types of argument: legal, ethical and institutional. The legal argument shows that there are no grounds in either sovereignty or the structure of law for current admission practices. Whilst this legal argument makes a claim about what the state cannot do, the ethical argument shows what the state ought to do: and there are strong ethical reasons why the exclusion of aliens is something that should be justified. Finally, the institutional argument explores how this new position might be implemented. Selected Contents: Introduction Part 1: The Legal Problem Part 2: The Legal Claim Part 3: The Ethical Claim Part 4: The Institutional Claim April 2011: 234 x 156: 240pp Hb: 978-0-415-57537-9: £75.00

Child Hunger and Human Rights: International Governance applies the human rights theory of legal obligation to the problem of child malnutrition and investigates whether duty-bearers have fulfilled their obligations to protect, respect and provide. This book includes moral, economic, political and legal components to the research on the child’s right to be free from hunger. Using two methods of investigation; the first a historical comparative method based on the systematic analysis of the content of historical materials, government documents, policy statements, state budgets, newspaper reports and other public records, and the second is statistical analysis. Apodaca investigates beyond the suffering, deformities, and deaths of children, to child malnutrition resulting in reduced physical and mental development threatening the child’s life opportunities, the prospects of further generations, and the growth of the economy. Selected Contents: 1. Introduction 2. Child Hunger and the Rights-Based Approach 3. A State’s Obligation for the Child’s Right to Food 4. The International Community’s Obligations Under the Human Right to Food 5. The Duties of International Financial Institutions to the Child’s Right to be Free from Hunger 6. Transnational Obligations of Multinational Corporations 7. The Investment and Empowerment of Women 8. Hunger in the Developed World 9. Conclusion March 2010: 234 x 156: 192pp Hb: 978-0-415-55269-1: £75.00 eBook: 978-0-203-85504-1 For more information, visit: www.routledge.com/9780415552691

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The Delivery of Human Rights

Strategic Visions for Human Rights

Essays in Honour of Professor Sir Nigel Rodley Edited by Geoff Gilbert, Françoise Hampson and Clara Sandoval, all at University of Essex, UK

The Delivery of Human Rights reflects on two overlapping issues in international human rights law: how can existing norms be better implemented and effected, and how can other branches of international law or other international actors be used so as to provide an improved delivery of those norms. Rather than simply looking at the content of the rights, this book will also explore how the framers’ intention that individuals benefit from the norms can be achieved. The contributors to this volume are notable experts in the area of human rights law and include Paul Hunt, Malcolm Evans, Theo van Boven, Andrew Clapham, and Hurst Hannum. The book addresses such as the Role of Special Rapporteurs, how can the absolute prohibition of torture be properly implemented, Responsibility to Protect, non-state actors, including businesses, and human rights. Selected Contents: 1. Deriving Concrete Entitlements from Abstract Rights, Sheldon Leader 2. The United Nations Charter-Based Procedures for Addressing Human Rights Violations: Historical Practice, Reform and Future Implications, David Weissbrodt 3. Holding Pharmaceutical Companies to Account: A UN Special Rapporteur’s Mission to GlaxoSmithKline, Paul Hunt and Rajat Khosla 4. Reform of the UN Human Rights Treaty Body System: Locating the Dublin Statement, Michael O’Flaherty 5. The OPCAT at 50, Malcolm Evans 6. Redressing Non-Pecuniary Damages of Torture Survivors: The Practice of the Inter-American Court of Human Rights, Clara Sandoval and Michael Duttwiler 7. A Lighter Shade of Black? ‘Secret Detention’ and the UN Disappearances Convention, Matt Pollard 8. The Scope of the Extra-Territorial Applicability of International Human Rights Law, Françoise Hampson 9. Implementing Protection: What Refugee Law Can Learn from IDP Law and Vice Versa, Geoff Gilbert 10. Still Waiting for the Goods to Arrive: The Delivery of Human Rights to the Israeli-Palestinian Conflict, Noam Lubell 11. From Bangladesh to Responsibility to Protect: The Legality and Implementation Criteria for Humanitarian Intervention, Bas¸ak Çali August 2010: 234 x 156: 280pp Hb: 978-0-415-57992-6: £75.00 eBook: 978-0-203-84435-9 For more information, visit: www.routledge.com/9780415579926

Essays in Honour of Professor Kevin Boyle Edited by Geoff Gilbert, Françoise Hampson and Clara Sandoval, all at University of Essex, UK

Strategic Visions for Human Rights takes a multi-disciplinary approach to future directions for human rights. It looks beyond what international human rights treaties have so far established and considers the context in which rights in the twenty-first century might develop to meet needs. The book examines how international law might be utilized to protect groups rather than just individual members of the group and it also calls into question the liberal positivist approach to international law that provides the framework for human rights norms. The contributors to this volume are well-known academics in the field of human rights and include Francesca Klug, Conor Gearty, David Beetham and Asbjorn Eide. Amongst some of the issues addressed in the book are the future of the European Court of Human Rights, the role of academics play in engendering transition to post-conflict democratic states, and human rights and religious pluralism. Selected Contents: 1. War and Peace in Northern Ireland: Reflections on the Contribution of Academic and Human Rights Communities, Tom Hadden 2. Law and Human Rights Rather than International Human Rights Law, Geoff Gilbert 3. Universality, Historical Specificity and Cultural Difference in Human Rights, David Beetham 4. Doing Human Rights: Three Lessons from the Field, Conor Gearty 5. Rights and Righteousness: Friends or Foes? Francesca Klug 6. Human Rights, Power, and the Protection of Free Choice, Sheldon Leader 7. Conscientious Objection to Military Service, Rachel Brett and Laurel Townhead 8. In Search of the Third Freedom – ‘Everywhere in the World’ Asbjørn Eide 9. Lobbying for Rights During the ‘War on Terror’: The American Civil Liberties Union After 9/11, Richard J. Maiman 10. The Future of the European Court of Human Rights, Françoise Hampson August 2010: 234 x 156: 200pp Hb: 978-0-415-57988-9: £75.00 eBook: 978-0-203-84432-8 For more information, visit: www.routledge.com/9780415579889

Also available as a 2-volume set: Essays on Human Rights In Honour of Professor Sir Nigel Rodley and Professor Kevin Boyle Edited by Geoff Gilbert, Françoise Hampson and Clara Sandoval, all at University of Essex, UK August 2010: 234 x 156 Hb: 978-0-415-59035-8: £135.00 For more information, visit: www.routledge.com/9780415590358

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Development, Sexual Rights and Global Governance Amy Lind, University of Cincinnati, USA Series: Routledge/RIPE Studies in Global Political Economy

Drawing on gender, queer and postcolonial studies and representing different regional perspectives, this book critically examines the relationship among gender, sexuality, global governance, development and queer social movements in the global south.

Selected Contents: Part 1: Querying/Queering Development: Theories, Representations, Strategies Part 2: Negotiating Heteronormativity in Development Institutions Part 3: Resisting Global Hegemonies, Struggling for Sexual Rights and Gender Justice January 2010: 234 x 156: 240pp Hb: 978-0-415-77607-3: £75.00 Pb: 978-0-415-59262-8: £27.99 eBook: 978-0-203-86834-8 For more information, visit: www.routledge.com/9780415592628

Sex Trafficking, Human Rights, and Social Justice Edited by Tiantian Zheng, State University of New York, USA Series: Routledge Research in Human Rights This volume explores the life experiences, agency, and human rights of trafficked women in order to shed light on the complicated processes in which anti-trafficking, human rights and social justice are intersected. Selected Contents: 1. Introduction Tiantian Zheng 2. The NGO-ification of the Trafficking Movement in the US: A Case Study of the Coalition to Abolish Slavery and Trafficking Jennifer Lynne Musto 3. When Tragedy Hits: A Concise Socio-Cultural Analysis of Sex Trafficking of Young Iranian Women Sholeh Shahrokhi 4. From Thailand with Love: Transnational Marriage Migration in the Global Care Economy Sine Plambech 5. Beyond Trafficking, Agency and Rights: A Capabilities Perspective on Filipina Experiences of Domestic Work in Paris and Hong Kong Leah Briones 6. Anti-Trafficking Campaign and Karaoke Bar Hostesses in China Tiantian Zheng 7. Postmodern Crisis: Trafficking of Women and Children in Tanzania Elinami V. Swain 8. Invisible Agents, Hollow Bodies: Neoliberal Notions of ’Sex Trafficking’ from Syracuse to Sarajevo Susan Dewey 9. The Traffic in Voices: Contrasting Experiences of Migrant Women in Prostitution with the Paradigm of Human Trafficking Maybritt Jill Alpes 10. Representing Sex Trafficking in Southeast Asia? The Victim Staged Nicolas Lainez 11. Countering the Trafficking Paradigm: The Role of Family Obligations, Remittance, and Investment Strategies among Migrant Sex Workers in Tijuana, Mexico Yasmina Katsulis and Kathleen Weinkauf July 2010: 234 x 156: 264pp Hb: 978-0-415-57182-1: £75.00 eBook: 978-0-203-84906-4 For more information, visit: www.routledge.com/9780415571821

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Gender Equality, Citizenship and Human Rights

NEW

NEW

2nd Edition

Controversies and Challenges in China and the Nordic Countries

Human Rights and the Private Sphere Volume 2

Human Rights and the Private Sphere Volume 3

Edited by Pauline Stoltz, Malmö University, Sweden, Marina Svensson, Lund University, Sweden, Sun Zhongxin, Fudan University, China and Qi Wang, University of Oslo, Norway Series: Routledge Research in Comparative Politics This book examines the ways in which current controversies and political, legal, and social struggles for gender equality in Asia and Europe, raise conceptual questions and challenge our thinking on political theories of equality, citizenship and human rights. Selected Contents: 1. Introduction: Rights and Responsibilities in a Gendered World Pauline Stoltz and Marina Svensson Part 1: Controversies and Challenges 2. Introduction to Part 1 Pauline Stoltz 3. ‘It is the People who Serve the Government’: Interview with Ai Xiaoming Cecilia Milwertz 4. ‘Today all the Discussions and all the Conflicts are about Intersectionality’: Interview with Tiina Rosenberg Pauline Stoltz and Marina Svensson 5. Women’s Rights in China: Moving Beyond the Limits of Law Sharon Hom 6. Gender, Diversity and Trans-National Citizenship Birte Siim Part 2: Case studies 7. Introduction to Part 2 Pauline Stoltz 8. Speaking Out and Space Making: The Emergence of Gay Identities and Communities in China Zhongxin Sun 9. Privileged Irresponsibility, Structural Responsibility and Moral Contradictions among Employers in the EU Domestic Work Sector Anna Gavanas 10. The Safety and Health of Female Migrant Workers in China Tan Shen 11. National Implementation of Human Rights: A Threat to Representative Democracy? Hege Skjeie 12. Gender Equality and Human Rights: The International Covenant on Civil and Political Rights and China Liu Huawen 13. Globalization, Diaspora Politics and Gender: Muslims in Sweden Catarina Kinnvall

A Comparative Study Edited by Jörg Fedtke, Tulane University, USA and Dawn Oliver, University College London, UK Series: UT Austin Studies in Foreign and Transnational Law This book is a companion volume to Human Rights and the Private Sphere: A Comparative Study (2007), which analysed the effect of human rights on private relationships in a range of democratic jurisdictions around the world. This book looks at a number of additional important jurisdictions in self-contained chapters which describe the wider constitutional background of each system, the relevant national human rights regime, the influence of any international human rights instruments, the judicial enforcement of human rights, and the effect of human rights thinking in the private sphere. The book includes chapters on countries such as China, Indonesia, Japan, Brazil, Chile, Mexico, the Czech Republic, Poland, Romania, Cameroon, Namibia, Nigeria and Zambia, seeking to discover whether and, if so, how and to what extent human rights thinking has moved beyond its traditional state-individual agenda in the various legal systems.

A Comparative Study Edited by Jörg Fedtke, Tulane University, USA and Dawn Oliver, University College London, UK Series: UT Austin Studies in Foreign and Transnational Law This book is a companion volume to Human Rights and the Private Sphere: A Comparative Study Volumes 1 and 2, which analyses the effect of human rights on private relationships in a range of democratic jurisdictions around the world. This book looks at a number of additional important jurisdictions. This book does not just extend the geographical reach of the first two volumes but also addresses a number of specific questions which the particular experience of these new jurisdictions may help to answer. These additional lines of inquiry include the influence of religion; the question whether notions of human rights protection can affect private relationships even in an authoritarian public law environment; whether local systems of customary law fulfil similar functions as modern constitutional guarantees; and how private sphere protection develops in systems experiencing not only rapid constitutional changes but also a fundamental shift in their underlying societal paradigm.

September 2011: 216 x 138: 608pp Hb: 978-0-415-78082-7: £85.00

March 2012: 216 x 138: 320pp Hb: 978-0-415-60307-2: £85.00

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March 2010: 234 x 156: 224pp Hb: 978-0-415-56176-1: £75.00 eBook: 978-0-203-85445-7 For more information, visit: www.routledge.com/9780415561761

Human Rights in the South Pacific

NEW

Challenges and Changes

Sovereignty, Human Rights and Global Order

Sue Farran, University of Dundee, UK

Sam Adelman, University of Warwick, UK

This book looks at the challenges and contemporary issues raised by human rights in the island countries of the South West Pacific which have come under the influence of the common law – where the legal systems are complex and perceptions of rights varies widely.

Drawing on a wide range of resources to present a contemporary and evolving picture of human rights in the island states of the South Pacific region, the book considers the human rights aspects of constitutions, legal institutions and structures, social organisation, culture and custom, tradition and change. The materials provide legal, historical, political, social and cultural insights into the lived experience of human rights in the region supported by illustrative material from case-law, media reports, and policy documents. The book also locates the human rights concerns of Pacific islanders firmly within the wider theoretical and international domain while at the same time maintaining focus on the importance of the unique identity of Pacific island nations and people. Selected Contents: Introduction 1. The Region of the Pacific 2. Rights and the Laws That Give Effect to Them 3. Theories and Approaches to Human Rights 4. Fundamental Rights and Questions of Property 5. Social Ordering: Custom and Equality 6. Freedom from Discrimination 7. Rights Advocacy and Enforcement 8. Taking Rights Forward 2009: 234 x 156: 368pp Hb: 978-1-84472-109-2: £95.00 eBook: 978-0-203-88268-9 For more information, visit: www.routledge.com/9781844721092

Sovereignty, Human Rights and Global Order addresses the question of whether sovereignty is an instrument of, or an impediment to, cosmopolitan visions of global governance. Sovereignty is an object of desire and the stuff of nightmares. It is a symbol of self-determination and national identity and the biggest violator of human rights; the source of law and order, but also of unspeakable violence. Sovereignty is the biggest unsolved problem of modernity. And the central question addressed by this book is whether it is an inherently negative power that must be destroyed, or at least circumscribed, or an essential bulwark against the injustices of globalization, as well as global risks like economic crises and climate change. Why does sovereignty remain such a central organising principle of political life, at a time when it is supposedly being decentred and deterritorialised? Why is it the only form of power that ’legitimately’ monopolises violence? And to what extent should sovereignty be the object of political struggle? Informed by Michel Foucault’s argument that sovereignty, the right to let live, was superseded by biopower, the capacity to let die, Sam Adelman offers a sustained examination of the contemporary phenomenon of sovereignty, arguing that it is only in overcoming the sovereign capacity to condone unnatural death that the possibility of an alternative, and human rights based, global order lies. Selected Contents: Chapter 1: The Unsolved Problem of Modernity Part 1: ’Take Life or Let Live’ Chapter 2: The Topology of Sovereignty Chapter 3: Sovereignty Lurking Chapter 4: The Unexceptional Exception Part 2: ’Make Live or Let Die’ Chapter 5: Alternative Paradigms of Good and Evil? – Human Rights and Sovereignty Chapter 6: Sovereignty Redeemed? The Power to ‘Make Live’ Chapter 7: The End of Sovereignty? January 2011: 234 x 156: 224pp Hb: 978-0-415-58119-6: £75.00 For more information, visit: www.routledge.com/9780415581196

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New Directions in Feminism and Human Rights

International Co-operation, Human Rights and Counter-Terrorism

Protecting the Property Rights of Refugees and Internally Displaced Persons

Future Directions and Challenges

Beyond Restitution

Christopher Michaelsen, University of New South Wales, Australia

Anneke Smit, University of Windsor, Canada

Edited by Dana Collins, California State University at Fullerton, USA, Sylvanna Falcon, University of California, USA, Sharmila Lodhia, Santa Clara University, USA and Molly Talcott, California State University at Los Angeles, USA This book seeks to understand the contradictions that emanate from, on the one hand, the institutionalization of human rights among imperial nation-states and global governmental bodies and, on the other, the growing embrace of human rights logics and languages by women and men who are struggling for justice across the world. This book was published as a special issue of the International Feminist Journal of Politics. Selected Contents: Foreword by Mallika Dutt 1. New Directions in Feminism and Human Rights: An Introduction Dana Collins, Sylvanna Falcón, Sharmila Lodhia and Molly Talcott Research 2. Finding Each Other’s Hearts: Intercultural Relations and the Drive to Prosecute Sexual Violence during the Internal Armed Conflict in Perú Pascha Bueno-Hansen’s 3. Between the Human, the Citizen and the Tribal: Reading Feminist Politics in India’s Northeast Papori Bora 4. Claiming Health and Culture as Human Rights: Yakama Feminism in Daily Practice Michelle M. Jacob 5. Carceral Protectionism and Multi-Professional Anti-Trafficking Human Rights Work in the Netherlands Jennifer Lynne Musto 6. Sex Trafficking, Women’s Rights and the Politics of Representation Julietta Hua and Holly Nigorizawa 7. The Cultural Politics of Lesbian Asylum: Angelina Maccarone’s Unveiled (2005) and the Case of the Lesbian Asylum-Seeker Rachel Lewis 8. Discourses of Equality, Rights and Islam in the One Million Signatures Campaign in Iran Catherine Sameh 9. From Developmentalism to the HIV/AIDS Crisis: The Amplification of Women’s Rights in Lesotho Yvonne A. Braun and Michael C. Dreiling From Imagination to Praxis: Feminist Conversations about Human Rights 10. Grassroots Voices, Global Issues: An Interview with Democracy Now!’s Amy Goodman Amy Goodman (Host and Executive Producer of Democracy Now!), Interviewed by Sylvanna Falcón 11. Filipinas, Gender and Human Rights Violence: A Report from the Field Peter Chua 12. ’Revolution through Trial and Error’: Excerpts from a Speech by Scholar-Activist Andrea Smith Andrea Smith (Co-Founder of Incite! Women of Color Against Violence and the Boarding School Healing Project) 13. Critical Representation within ’Cultures of Domination’: An Interview with Peter Bratt Peter Bratt (Director, Screenwriter and Producer of La MISSION [2010] and Follow Me Home [1996]), Interviewed by Dana Collins, Sylvanna Falcón and Molly Talcott 14. ’We Have an Obligation to Speak about Human Rights’: An Interview with Informativo Pacifica’s Norma Martínez Norma Martínez (Community Media Journalist, Co-Producer and Host of Informativo Pacifica), Interviewed by Dana Collins and Molly Talcott 15. ’Human Rights Should Encompass Everything’: An Interview with Uprising’s Sonali Kolhatkar Sonali Kolhatkar (Host and Executive Producer of Uprising; Co-Director of the Afghan Women’s Mission), Interviewed by Sylvanna Falcón and Molly Talcott June 2011: 234 x 156: 176pp Hb: 978-0-415-61030-8: £80.00 For more information, visit: www.routledge.com/9780415610308

International Co-operation, Human Rights and Counter-Terrorism provides a comprehensive analysis of international human rights problems and challenges in contemporary counter-terrorism practice and law. This book identifies the key issues of counter-terrorism practice and policy which have arisen in the last decade, and which have major human rights implications. Ranging from the expulsion of terrorist suspects to the role and accountability of intelligence agencies, these issues have been the subject of international and regional debate, as well as several cases that have very recently been brought before domestic and regional courts. With this emerging body of international and domestic case law, it is now possible to consider key aspects of contemporary counter-terrorism law and practice with greater authority. And in a non-legalistic, interdisciplinary and practical manner, International Co-operation, Human Rights and Counter-Terrorism addresses the emerging trends in international jurisprudence and policy on counter-terrorism law; and considers the human rights compatibility of specific aspects of contemporary counterterrorism. It will be of considerable interests to students, scholars and practitioners in this area. Selected Contents: Introduction 1. The United Nations, Human Rights and Counter-Terrorism 2. The Lack of an International Definition of Terrorism and Implications for Human Rights 3. Countering the Financing of Terrorism: Blacklisting Alleged Al Qaeda and Taliban Associates, Rule of Law Concerns and Prospects of Reform 4. International Terrorism and Derogation from International Human Rights Treaties 5. The Expulsion of Terrorist Suspects: The Principle of Non-Refoulement and Diplomatic Assurances 6. Intelligent Impunity? The Accountability of Intelligence Agencies and Possible Complicity in International Crimes 7. International Cooperation and the Role of Civil Society in Preventing Terrorism 8. Conclusion: International Cooperation, Human Rights and Counter-Terrorism: Quo Vadis? October 2011: 234 x 156: 224pp Hb: 978-0-415-59980-1: £75.00 For more information, visit: www.routledge.com/9780415599801

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Protecting the Property Rights of Refugees and Internally Displaced Persons: Beyond Restitution pursues a rigorous examination of the various ways in which the protection of housing and property rights can contribute to durable solutions to displacement. The focus of most of the international community’s recent protection efforts has been on returning displaced persons to their homes following armed conflict. However, this focus on return has come at the expense of considering other possible durable solutions, particularly in cases of protracted displacement. In this book, Anneke Smit chronicles the failure of the international community’s attempts to promote widespread return through establishing housing and property restitution mechanisms. Drawing on a variety of displacement situations, and referring throughout to international human rights and refugee law, property law and theory, and sociological and anthropological literature on displacement and the meaning of ‘home’, she argues that a housing and property policy which supports integration in the communities where refugees and internally displaced persons find themselves after conflict is likely to represent a more effective and sustainable approach than a singular focus on return. Protecting the Property Rights of Refugees and Internally Displaced Persons is based on extensive academic research, including fieldwork, as well as more than a decade of the author’s practical experience working on displacement issues with government, international organisation and NGO actors. It will be of considerable interest to those with academic and policy interests in the rights of refugees and displaced persons. Selected Contents: Introduction 1. International Law Protections of Housing and Property Rights for Refugees and IDPs 2. Modern Experiences with the Protection of Housing and Property Rights Following Displacement 3. The Law, Politics and Sociology of Durable Solutions to Displacement 4. The Success of Restitution and Failure of Return 5. Formalising Property Rights in Temporary Shelter Space 6. Regularising Secondary Occupation and the Uses of Compensation 7. Creating New Housing and Property Solutions. Conclusion July 2011: 234 x 156: 224pp Hb: 978-0-415-57960-5: £75.00 For more information, visit: www.routledge.com/9780415579605

Human Rights and the Political Andrew Schaap, University of Exeter, UK Human Rights and the Political asks how we should conceptualize the politics of human rights. More specifically, it examines how radical theory has sought to appropriate human rights for an emancipatory politics following the apparent demise of socialism as a viable political project. Orthodox Marxism viewed human rights as irremediably ideological, representing a formal political equality that dissimulated the substantive social inequality of class society. However, the shock of Stalinism and the Soviet repression of Eastern Europe led Marxist intellectuals in France to contest the idea that human rights were a symptom of political alienation in a capitalist democracy. They developed the notion of the autonomy of the political in order to argue that socialism needed to recognize the importance of human rights as part and parcel of any vision of the good society. More recently, while radical theory has retained its suspicion of human rights for being ideological, it has also sought to understand human rights as a political discourse that affords certain opportunities for political action and resistance, even as it curtails others. Human rights can serve either to regulate or to emancipate. They can be part of the apparatus of domination but they can also be effectively mobilized to bring about social transformation. Taking Hannah Arendt’s moving and much celebrated discussion of the ‘right to have rights’ in The Origins of Totalitarianism as a starting point, Human Rights and the Political provides a much needed contemporary assessment of the politics of human rights. February 2012: 234 x 156: 192pp Hb: 978-0-415-54864-9: £75.00 For more information, visit: www.routledge.com/9780415548649

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People Without Rights An Interpretation of the Fundamentals of the Law of Slavery in the U.S. South Andrew Fede Series: Routledge Revivals First published in September 1992, the book traces the nature and development of the fundamental legal relationships among slaves, masters, and third parties. It shows how the colonial and antebellum Southern judges and legislators accommodated slavery’s social relationships into the common law, and how slave law evolved in different states over time in response to social political, economic, and intellectual developments. The book states that the law of slavery in the US South treated slaves both as people and property. It reconciles this apparent contradiction by demonstrating that slaves were defined in the law as items of human property without any legal rights. When the lawmakers recognized slaves as people, they burdened slaves with added legal duties and disabilities. This epitomized in legal terms slavery’s oppressive social relationships. The book also illustrates how cases in which the lawmakers recognized slaves as people legitimized slavery’s inhumanity. References in the law to the legal humanity of people held as slaves are shown to be rhetorical devices and cruel ironies that regulated the relative rights of the slaves’ owners and other free people that were embodied in people held as slaves. Thus, it is argued that it never makes sense to think of slave legal rights. This was so even when the lawmakers regulated the individual masters’ rights to treat their slaves as they wished. These regulations advanced policies that the lawmakers perceived to be in the public interest within the context of a slave society. Selected Contents: 1. ’The Law as to him is only a Compact between his Rulers,’ An Interpretation 2. The Legitimizing Role of Law in Slave Society 3. Accommodating Slavery into the Common Law 4. The Non-Legal Background to Three Trends in Antebellum Slave Law 5. The Changing Scope of White Liability for Slave Killing 6. The Changing Scope of White Liability for Non-Fatal Slave Abuse 7. Preventing Slaves from Being a Public Nuisance: Limits on his Master’s Rights to Starve and Free his Slaves 8. Slave Criminals and Protection of his Master’s Property Rights in Slaves: The Discrimination in the Substantive Law 9. Slave Criminals and Protection of his Master’s Property Rights in Slaves: What Process was Due? 10. The Recognition of Slave Humanity to Settle the Rights of Whites that were Embodied in Slaves 11. The Impotence of Slave Humanity as an Impediment to the Separation of Slave Families 12. Conclusion: The Reification of Humanity March 2011: 234 x 156: 282pp Hb: 978-0-415-61879-3: £70.00 For more information, visit: www.routledge.com/9780415618793

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Intellectual Property NEW

Intellectual Property, Innovation and Management in Emerging Economies Edited by Ruth Taplin, Centre for Japanese and East Asian Studies, London, UK and Alojzy Z. Nowak, University of Warsaw, Poland Series: Routledge Studies in the Growth Economies of Asia This book argues that intellectual property (IP) development and innovation are fundamental to economic growth, especially in newly emerging economies which often hold vast reserves of natural resources and human knowledge that remain unprotected. It sheds light on countries that are gradually realising this situation, with examples from many parts of the world, including Eastern Europe, Africa and especially Asia, where a great deal is being made of innovation and intellectual property to stimulate economic growth. Selected Contents: 1. Cross Border Intellectual Property and Theoretical Models 2. Innovation and Intellectual Property Rights in China and India: Prospects and Strategies 3. African Intellectual Property Law and the Newly Emerging African Economies with an Emphasis on South Africa 4. Two Types of University Technology Transfer Intermediaries: TLO and TMC the Case of Thailand and the United States 5. The Financial Crisis, Intellectual Property and Prospects for Recovery: The Case of Poland, Central and Eastern Europe 6. Socio Economic Changes Effected by Intellectual Property Rights – The Indian Perspective 7. Development of Intellectual Property Rights in Turkey: Its Implications for the Turkish Economy 8. Cluster Development, Intellectual Property and Global Competitiveness: Prospects of the Nano Sector in Hsinchu Science Park August 2010: 234 x 156: 192pp Hb: 978-0-415-55960-7: £85.00 For more information, visit: www.routledge.com/9780415559607

Routledge Research in Intellectual Property The Development of Intellectual Property Regimes in the Arabian Gulf States Infidels at the Gates David Price, Charles Darwin University, Australia

This book examines the development of national legislative regimes for the protection of intellectual property rights in the Arabian Gulf states: Bahrain, Kuwait, Oman, Qatar, Saudi Arabia, the United Arab Emirates, and Yemen. David Price analyses IP rights in these states in the context of WTO membership, and consequent compliance with the requirements of the WTO’s TRIPS Agreement. The challenges of domestic enforcement of the states’ IP laws receive critical attention.

Selected Contents: 1. ’Infidels at the Gates’ – Introduction and Context 2. ’The Golden Thread that Binds’ – The Shariah and Intellectual Property Protection 3. Pre-TRIPS and Intellectual Property Protection in the GCC States 4. TRIPS and the Nature of Compliance by the Gulf States 5. Post-TRIPS and the Enforcement Dichotomy 6. TRIPS-Plus, and ’Raising the Bar’ 7. TRIPS-Minus and Protection Still Pending 8. TRIPS Anew, Insha’allah 2009: 234 x 156: 384pp Hb: 978-0-415-47576-1: £75.00 eBook: 978-0-203-87894-1 For more information, visit: www.routledge.com/9780415475761

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Intellectual Property in Global Governance

Patent Policy

The Crisis of Equity in the Knowledge Economy

Legal-Economic Effects in a National and International Framework

Chidi Oguamanam, Dalhousie University Law School, Canada

Pia Weiss, University of Nottingham, UK

This book explores the intellectual property dynamics in the ’Global Knowledge Economy’ focusing on digitization and information revolution phenomenon and the concept of a post-industrial society in order to articulate an agenda for global governance of intellectual property law in the twenty-first century.

Series: The Economics of Legal Relationships There exists a vast body of literature on all aspects associated with patents, including innovation, patent policy instruments, licensing, and the tension between patent policy and competition policy. However, most of the works focusing on patent policy are only available as journal articles or as reprints in book collections. This book bridges that gap in presenting a systematic overview of models dedicated to patent policy. Selected Contents: 1. Introduction 2. Development of Patent Systems and Philosophical Foundations 3. An Introduction to Patent Law and Policy Instruments 4. Statistical Facts and Empirical Evidence 5. The Optimal Patent Term 6. Patent Scope 7. Patent Breadth 8. The Non-Obviousness Standard 9. New Patentable Subject Matters 10. Different Non-Obviousness Standards

Selected Contents: 1. Conceptual and General Overview 2. Global Governance, Intellectual Property, and Knowledge Economy 3. Global Governance Infrastructure and Regime Dynamics in Intellectual Property 4. The Human Rights Question in the New Intellectual Property Dynamic 5. Agricultural Biotechnology and Food Security 6. The Dialects of Traditional Knowledge and Knowledge Transformations 7. Conclusions June 2011: 234 x 156: 256pp Hb: 978-0-415-56417-5: £75.00 For more information, visit: www.routledge.com/9780415564175

March 2010: 234 x 156: 256pp Hb: 978-0-415-48105-2: £80.00 For more information, visit: www.routledge.com/9780415481052

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Intellectual Property, Community Rights and Human Rights The Biological and Genetic Resources of Developing Countries Marcelin Tonye Mahop, Queen Mary University of London, UK This book considers the issue of biodiversity in developing countries in relation to intellectual-property rights, community rights and human rights. Drawing together a number of case studies of developing countries rich in biological and genetic resources including India, South Africa and Brazil, the book examines the access to PGRs and their utilizations in the contexts of scientific and commercial oriented activities pursued both in the source and user countries. Exploring how community rights are protected in national biodiversity-related regulations and some international legal instruments, Marcelin Tonye Mahop also discusses the relationship between community rights and human rights in the context of biodiversity. The book looks at the issue of bio-piracy, asking whether this phenomenon should only be seen as a North–South clash, whereby biodiversity rich countries of the Southern Hemisphere blame developed countries and their actors as its principal perpetrators. While recognizing that developing countries’ actors play a role in this bio-piracy phenomenon, the book goes on to suggest alternative measures for the legal protection of community rights at the national level with the possibility of national and international enforceability.

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The Law and Economics of Intellectual Property in the Digital Age The Limits of Analysis Niva Elkin-Koren and Eli Salzberger, both at University of Haifa, Israel This book explores the economic analysis of intellectual property law, with a special emphasis on the law and economics of informational goods in light of the past decade’s technological revolution. Selected Contents: Part 1: Intellectual Property, Law and Economics 1. Introduction 2. Fundamental Concepts Part 2: Normative Analysis 3. Analytic Frameworks of the Economic Approach to IP 4. The Incentives Paradigm 5. The Property Model Part 3: Challenges to the Traditional Theoretical Framework 6. Economic Analysis and Governance by Technology 7. Economic Analysis and the Rise of Private Ordering Part 4: Policy 8. Economic Analysis in Intellectual Property Policymaking 9. A Positive Analysis of Intellectual Property Law 10. Conclusion August 2011: 234 x 156: 256pp Hb: 978-0-415-49908-8: £75.00 For more information, visit: www.routledge.com/9780415499088

Selected Contents: 1. Setting the Scene 2. Patents, Plant Breeders’ Rights (PBRs) and Community Rights in International Forums 3. Community Rights and Selected National Regulatory Instruments 4. Selected International and Regional Human Rights Instruments and their Provisions on Community Rights and Intellectual Property Rights 5. Incursion in the ’Biopiracy’ Debate: Modern Exploitation of Biodiversity Components of Developing Countries and Community Rights 6. Soft and Regional Undertakings Aimed at Community Rights 7. Broader Framework of the Suggested Regulatory Measures 8. Applicability of the Regulatory Measures 9. Final Remarks April 2010: 234 x 156: 216pp Hb: 978-0-415-47942-4: £75.00 eBook: 978-0-203-85298-9 For more information, visit: www.routledge.com/9780415479424

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A Politics of Patent Law Crafting the Participatory Patent Bargain Kali Murray, Marquette University, USA This book examines how national, regional and international patent law can better respond to the interests of a diverse set of non-profit and public interest entities, and be of more benefit to developing countries. The book sets out a ’tool-box’ of participatory mechanisms which would foster third party participation in the patent process. Selected Contents: 1. Introduction 2. A Participatory Toolbox 3. Frameworks 4. Actors 5. Institutions 6. The National Context 7. The Regional Context 8. The International Context 9. The Participatory Bargain July 2011: 234 x 156: 256pp Hb: 978-0-415-56517-2: £75.00 For more information, visit: www.routledge.com/9780415565172

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International Law NEW

The Routledge Handbook of International Criminal Law Edited by William A. Schabas, National University of Ireland, Galway and Nadia Bernaz, Middlesex University, UK

International criminal law has developed extraordinarily quickly over the last decade, with the creation of ad hoc tribunals in the former Yugoslavia and Rwanda, and the establishment of a permanent International Criminal Court. This book provides a timely and comprehensive survey of emerging and existing areas of international criminal law. The Handbook features new, specially commissioned papers by a range of international and leading experts in the field. It contains reflections on the theoretical aspects and contemporary debates in international criminal law. Selected Contents: 1. Introduction, William Schabas and Nadia Bernaz Part 1: Historical and Institutional Framework 2. Trial at Nuremberg, Guénaël Mettraux 3. The Tokyo Trial, Neil Boister 4. The Trials of Eichann, Barbie and Finta, Joe Powderly 5. The Ad Hoc International Criminal Tribunals: Launching a New Era of Accountability, Michael P. Scharf and Margaux Day 6. The International Criminal Court, David Scheffer 7. Hybrid Tribunals, Fidelma Donlon Part 2: The Crimes 8. Genocide, Paola Gaeta 9. Crimes Against Humanity, Margaret M. deGuzman 10. War Crimes, Anthony Cullen 11. Aggression, Nicolaos Strapatsas 12. Terrorism as an International Crime, Fiona De Londras 13. Drug Crimes and Money Laundering, Robert Cryer Part 3: The Practice of International Tribunals 14. Understanding the Complexities of International Criminal Tribunal Jurisdiction, Leila Sadat 15. Admissibility in International Criminal Law, Mohamed M. El Zeidy 16. Defences to International Crimes, Shane Darcy 17. Participation in Crimes in the Jurisprudence of the ICTY and ICTR, Mohamed Elewa Badar 18. International Criminal Procedures: Trial and Appeal Procedures, Hakan Friman 19. Sentencing and Penalties, Nadia Bernaz 20. State Cooperation and Transfers, Judge Kimberley Prost 21. Evidence, Nancy Combs Part 4: Key Issues in International Criminal Law 22. The Rise and Fall of Universal Jurisdiction, Luc Reydams 23. Immunities, Rémy Prouvèze 24. Truth Commission, Eric Wiebelhaus-Brahm 25. State Responsibility and International Crimes, Eric Wyler and León Castellanos-Jankiewicz 26. International Criminal Law and Victims’ Rights, Carla Ferstman 27. Amnesties, Louise Mallinder 28. International Criminal Law and Human Rights, Thomas Margueritte 29. Conclusion, William Schabas and Nadia Bernaz November 2010: 246 x 174: 432pp Hb: 978-0-415-55203-5: £115.00 eBook: 978-0-203-83689-7 For more information, visit: www.routledge.com/9780415552035

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Asian Yearbook of International Law Volume 14 (2008) Edited by B.S. Chimni, Jawaharlal Nehru University, India, Miyoshi Masahiro, Aichi University, Japan and Li-ann Thio, National University of Singapore Series: Asian Yearbook of International Law Launched in 1991, the Asian Yearbook of International Law is a major refereed publication dedicated to international law issues as seen primarily from an Asian perspective, under the auspices of the Foundation for the Development of International Law in Asia (DILA). It is the first publication of its kind edited by a team of leading international law scholars from across Asia. The Yearbook provides a forum for the publication of articles in the field of international law, and other Asian international law topics, written by experts from the region and elsewhere. Its aim is twofold: to promote international law in Asia, and to provide an intellectual platform for the discussion and dissemination of Asian views and practices on contemporary international legal issues. Selected Contents: Introduction by the General Editors Part 1: Articles 1. Japan-Alcoholic Beverages Case Revisited: A Case of Treaty Interpretation or Formation of International Law? Takashi Miyazaki 2. Caveat Emptor: Three Aspects of Investment Protection Treaties, Michael Ewing-Chow and Ng Wuay Teck 3. Some Asian States’ Opposition to the Concept of War Crimes in Non-International Armed Conflicts and its Legal Implications, Zhu Lijiang 4. Effectiveness of National Human Rights Institutions in International Human Rights Law: Problems and Prospects, Sanzhuan Guo Part 2: Note Vietnam’s Membership in the WTO: The Challenge of Reconciling Socialist Policies with the Principle of Open Economy, Lan Anh Tran Part 3: Legal Materials State Practice of Asian Countries in the Field of International Law, Participation in Multilateral Treaties Part 4: Agora: Is There An Asian Approach To International Law? Is there an Asian Approach to International Law? – Questions, Theses and Reflections, BS Chimni, Asian International Law: Where is it Now?, M. Sornarajah Part 5: Developments Case between Malaysia and Singapore Concerning Sovereignty Over Pedra Branca/Pulau Batu Puteh, Middle Rocks and South Ledge, Robert Beckman, Australia’s ’Rudd Proposal’: Business as Usual, C.L. Lim, Suhakam: The First Ten Years: The Reception and Interpretation of Human Rights norms in Malaysia, Cheah Wuiling Part 6: Survey of Literature Book Reviews, Survey of Literature

Routledge Research in International Law International Economic Actors and Human Rights Adam McBeth, Monash University, Australia In noting that the actions of entities other than states in the economic arena can and often do have a profound effect on human rights, this book poses the question as to how international human rights law can and should address that situation. This book takes three very different categories of international actor – the World Trade Organization, the international financial institutions (World Bank and IMF) and multinational enterprises – and analyses the interaction of each category with human rights, in each case analysing the interaction of the different fields of law and seeking to identify a role for international human rights law. Adam McBeth concludes that each of the selected international economic actors can and should be considered to operate within a holistic system of international law, including human rights obligations, but that changes in the operations and the accountability mechanisms for each actor are necessary for the practical implementation of that approach. While written from a human rights perspective, the underlying theme of the book is one of engagement and harmonisation rather than condemnation. It provides valuable insight for those who approach this topic from a background of international trade law, commercial law or general international law, just as much as those who have a human rights background. Selected Contents: 1. Introduction 2. Human Rights in International Law 3. The Nature of Human Rights Obligations for Various International Actors 4. International Trade Law and the World Trade Organization 5. International Financial Institutions: The World Bank and the International Monetary Fund 6. Multinational Enterprises 7. Conclusion 2009: 234 x 156: 384pp Hb: 978-0-415-48670-5: £85.00 eBook: 978-0-203-86838-6 For more information, visit: www.routledge.com/9780415486705

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October 2010: 234 x 156: 384pp Hb: 978-0-415-58227-8: £95.00 eBook: 978-0-203-84024-5

The Law on the Use of Force

For more information, visit: www.routledge.com/9780415582278

Gina Heathcote, School of Oriental and African Studies, UK

volume 13 (2007) 2009: 234 x 156: 392pp Hb: 978-0-415-47019-3: £90.00 eBook: 978-0-203-88269-6 For more information, visit: www.routledge.com/9780415470193

A Feminist Analysis

This book analyses international laws on the use of force from a feminist perspective. The book highlights key conceptual barriers to the enhanced application of the law of the use of force, and demonstrates the capacity of feminist legal theories to enlarge our understanding of international legal dilemmas. Selected Contents: 1. Introduction to Feminist Legal Theories and the Laws on the Use of Force 2. Chapter VII: Security Council Powers to Authorise Force 3. Chapter VIII: Authorised Humanitarian Interventions and Regional Security Arrangements 4. Article 51: Self-Defence as Justified Force 5. Self-Determination as a Justification for the Use of Force 6. Humanitarian Intervention as a Justification for the Use of Force 7. Pre-Emptive Force and the War on Terror May 2011: 234 x 156: 320pp Hb: 978-0-415-49287-4: £75.00 For more information, visit: www.routledge.com/9780415492874

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The ICJ and the Development of International Law The Lasting Impact of the Corfu Channel Case Edited by Karine Bannelier, University of Grenoble, France, Théodore Christakis, University of Grenoble, France and Sarah Heathcote, Australian National University, Australia In 1949 the International Court of Justice (ICJ) handed down its first judgment in the Corfu Channel Case. In diffusing an early Cold War dispute, the Court articulated a set of legal principles which continue to shape our appreciation of the international legal order. Many of the issues dealt with by the Court in 1949 remain central questions of international law, including due diligence, forcible intervention and self-help, maritime operations, navigation in international straits and the concept of elementary considerations of humanity. The Court’s decision has been cited on numerous occasions in subsequent international litigation. Indeed, the relevance of this judgment goes far beyond the subject matter dealt with by the Court in 1949, extending to pressing problems such as trans-boundary pollution, terrorism or piracy. In short, it was and remains a thoroughly modern decision – a landmark for international law; and one which today needs to be revisited sixty years later. Taking a critical approach, this book examines the decision’s influence on international law generally and on some fields of international law like the law of the sea or the law of international responsibility specifically. The book collects the commentary of a distinguished set of international law scholars, including five well-known international judges. The contributors consider not only the history of the Corfu Channel Judgment and its contribution to the development of international law, but also its resonance in many contemporary problems in international law. Selected Contents: Part 1: Views from the Bench: The Legacy of the Corfu Channel Case 1. Insights from Mohamed Bennouna, Mohammed Bedjaoui, Gilbert Guillaume, J-P Cot Part 2: Introduction to a ‘Prophetic’ Decision 2. History of the Case, Aris Costantinides 3. The International Court of Justice and the Security Council: Disentangling Themis from Ares, Giovanni Distefano and Etienne Henry Part 3: Procedural and Evidential Issues before the World Court 4. The Basis of the Court’s Jurisdiction – Forum Prorogatum?, Henry Burmester 5. The ICJ and Standards of Proof, Katherine Del Mar 6. Aspects of Evidence, Kenneth Keith Part 4: Law of the Sea 7. International Straits: Still a Matter of Contention?, Stuart Kaye 8. What Constitutes Innocent Passage?, JP Fonteyne 9. Peacetime Maritime Operations, Don Rothwell 10. Dangerous Waters and International Law, Rob McLaughlin Part 5: Fundamental Rules of International Law 11. Intervention and Self-Help, Theodore Christakis 12. A ‘Policy of Force’ Christine Gray 13. The Court’s Decision as a Precursor to International Environmental Law?, Karine Bannelier 14. The Court’s Decision (or Lack of it?) on the Sources of International Law, Akiho Shibata 15. Elementary Considerations of Humanity, Matthew Zagor 16. The Interaction between Human Rights and International Humanitarian Law – the Contribution of the International Court of Justice, Djamchid Momtaz and Amin Ghanbari Part 6: State Responsibility and Fault 17. State Omissions and Due Diligence, Sarah Heathcote 18. ‘Connivance’, Complicity and Knowledge, O. Corten and P. Klein 19. Reparation and Compliance, Pierre d’Argent 20. Conclusions, Hilary Charlesworth April 2011: 234 x 156: 256pp Hb: 978-0-415-60597-7: £75.00 For more information, visit: www.routledge.com/9780415605977

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The Law of Consular Access

International Law in a Multipolar World

International Organizations and the Idea of Autonomy

A Documentary Guide

Edited by Matthew Happold, University of Hull, UK

Institutional Independence in the International Legal Order

Since the creation of the United Nations in 1945, international law has sought to configure itself as a universal system. And yet, despite the best efforts of international institutions, scholars and others to assert the universal application of international law, its relevance and applicability has been influenced, if not directed, by political power. Over the past decade, discourse has tended to focus on the implications for international law of a unipolar world, characterised by US hegemony. However, that the international system may now be experiencing a tendency towards multipolarity, with various sites of power able to exert a telling influence on international relations and international law. Recent events such as Russia’s excursion into Georgia, the breakdown of the Doha round of trade negotiations, the USA’s questionable actions in the War on Terror, the prominence of emerging nuclear powers, China’s assertions of its own interests on a global scale, and the rise of regional trading blocs, all pose significant questions for international law and the international legal order. International Law in a Multipolar World features contributions from a range of contributors including Nigel White, Michael Schmitt, Richard Burchill, Alexander Orakhelashvili and Christian Pippan, addressing some of the questions that multipolarity poses for the international legal system. The contributions to the volume explore issues including the use of force, governance, sovereign equality, regionalism and the relevance of the United Nations in a multipolar world, considering the overarching theme of the relationship between power and law. Selected Contents: 1. Introduction: Multipolarity and the International Legal System, Matthew Happold 2. The Security Council, the Security Imperative and International Law, Nigel White 3. Ascertaining Inchoate Threats to International Peace and Security, Isobel Roele 4. Nuclear Non-Proliferation and the Security Council in a Multipolar World, Daniel Joyner 5. Using Force in International Affairs: The Role of International Law in Contemporary International Politics, Dominika Švarc 6. The Curious Myth of Multipolarity in a Unipolar Use of Force World, Michael Schmitt 7. Military Action in Europe’s Backyard: From Kosovo to South Ossetia, James Summers 8. Is the Notion of Hegemony Sustainable in International Law?, Alexander Orakhelashvili 9. The Pragmatist’s Toolbox: Orthodox Generalists versus Political Activists in a Multipolar World, Jörg Kammerhofer 10. Democracy, International Law and the Global Public Realm, Silviya Lechner 11. Democratic Legitimacy in a Multipolar World: Between Exercise and Origin, Eric de Brabandere and Jean D’Aspremont 12. Whither Universal Democracy? Some Thoughts on the Constitutional Autonomy of States in a Multipolar World, Christian Pippan 13. The Construction of East Asia’s Regional Order: International Law and Sui Generis Bilateralism as Fundamental Institutions, Pablo Pareja Alcaraz 14. Post-Soviet States and International Law in a Multipolar World, Rima Tkatova 15. Universality and the Organisation of the Islamic Conference, Katja Samuel 16. The Reality of Regional Organisations and the Veneer of a Universal International Law, Richard Burchill 17. The Development of Self-Contained Regimes as an Obstacle to UN Global Governance, Carmen Draghici 18. The Relationship between Community Law and International Law after Kadi: Did the ECJ Slam the Door on ‘Effective Multilateralism?, Aurel Sari October 2011: 234 x 156: 256pp Hb: 978-0-415-56521-9: £75.00 For more information, visit: www.routledge.com/9780415565219

Edited by Richard Collins, University of Sheffield, UK and Nigel D. White International Organizations and the Idea of Autonomy is an exploratory text looking at the idea of intergovernmental organizations as autonomous international actors. In the context of concerns over the accountability of powerful international actors exercising increasing levels of legal and political authority, in areas as diverse as education, health, financial markets and international security, the book comes at a crucial time. The collection looks internally at aspects of the institutional law of international organizations and the workings of specific regimes and institutions, as well as externally at the proliferation of autonomous organizations in the international legal order as a whole. Although primarily a legal text, the book takes a broad, thematic and inter-disciplinary approach. Selected Contents: Foreword, José E. Alvarez 1. International Organizations and the Idea of Autonomy: Introduction and Overview, Richard Collins and Nigel D. White Part 1: Theoretical and Conceptual Frameworks 2. Modernist-Positivism and the Problem of Institutional Autonomy in International Law, Richard Collins 3. Legal Autonomy in Kant’s Philosophy of International Law, Patrick Capps 4. The Multifaceted Concept of the Autonomy of International Organizations and International Legal Discourse, Jean d’Aspremont 5. Policy Autonomy of Intergovernmental Organizations: A Challenge to International Relations Theory?, Bob Reinalda and Bertjan Verbeek 6. The Idea of Autonomy: Accountability, Self-Determinism and what Normative Claims about Institutional Autonomy in Global Governance Should Mean, Garrett W. Brown 7. Autonomy, Constitutionalism, and Virtue in International Institutional Law, Jan Klabbers Part 2: Themes of Autonomy in Public International Law and International Institutional Law. (A) Themes of Institutional Autonomy in International Law 8. The Emergence of International Agencies in the Global Administrative Space: Autonomous Actors or State Servants?, Ramses A. Wessel and Edoardo Chiti 9. International Adjudication and Autonomy, John Merrills 10. Sanctions and Countermeasures by International Organizations: Diverging Lessons for the Idea of Autonomy, Frederic Dopagne. (B) Themes of Autonomy in International Institutional Law 11. The Relationship between International Legal Personality and Institutional Autonomy, Tarcisio Gazzini 12. Powers of Organizations and the Many Faces of Autonomy, Viljam Engström 13. Managerial Accountability: What Impact on International Organizations’ Autonomy?, Jan Wouters, Nicholas Hachez and Pierre Schmidt 14. Autonomy, Attribution and Accountability: Reflections on the Behrami Case, Aurel Sari 15. Immunity as a Guarantee for Institutional Autonomy: A Functional Perspective on the Necessity of UN Immunity in Post-Conflict Administrations, Eric De Brabandere Part 3: Autonomy within Particular Institutional Contexts 16. Layers of Autonomy in the UN System, Nigel D. White 17. Regional Organizations and the UN Legal Order: Interdependence of Independence?, Richard Burchill 18. Conceptualizing the Autonomy of the European Union, Nicholas Tsagourias 19. Institutional Balances, Competences and Restraints: The EU as an Autonomous Foreign Policy Actor, Paul James Cardwell 20. Autonomy in International Environmental Law and Governance – A Case Study of the Actual (Somewhere Between the Fable and the Threat), Duncan French 21. Future Imperfect: Institutional Autonomy and the WTO, Mary E. Footer April 2011: 234 x 156: 488pp Hb: 978-0-415-55088-8: £75.00 For more information, visit: www.routledge.com/9780415550888

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John Quigley, Ohio State University, USA, William J. Aceves, California Western School of Law, San Diego, USA and Adele Shank, Practicing Lawyer, USA Over the past decade, there has been an explosion of litigation at the international and domestic levels concerning consular access for foreign nationals charged with a criminal offence. The issue has complicated relations between countries, with the majority of litigation involving the United States, which has adopted a restrictive view of the consular access obligation. This book brings together for the first time relevant documentary sources on the law of consular access. The book includes significant excerpts alongside commentary on the documents, allowing readers to draw their own conclusions. While presenting information on the Vienna Convention on Consular Relations, the book presents other sources, including bilateral consular agreements, multilateral treaties, and key court cases from various jurisdictions. Many of these sources are not readily accessible. Selected Contents: Part 1: Introduction to Consular Access 1. Overview of Consular Access 2. Role of Consuls in Assisting a National Part 2: Consular Access Obligations of a Receiving State 3. Situations Requiring Advice about Consular Access 4. Individuals who must be Advised 5. Timing of Consular Access 6. Confidentiality of Communication 7. Automatic Notification under Bilateral Treaties Part 3: The Rights of a Foreign National 8. Rights Assertable Against the Receiving State 9. Consular Access as a due Process Right 10. Statutor Right to Sending State Protection 11. Non-Statutory Right to Sending State Protection Part 4: Consular Access in Domestic Law 12. Incorporation into Domestic Law 13. Subsidiary Regulation and Legislation 14. Availability of a Judicial Remedy 15. Domestic Effect of International Decisions Part 5: Remedies at the Domestic Level 16. Prejudice as a Prerequisite for a Judicial Remedy 17. Suppression of Evidence as a Judicial Remedy 18. Procedural Default as Barring Remedy 19. Consular Access Violation as Grounds for Sentence Reduction or Clemency 20. Monetary Damages for a Foreign National 21. Intervention in Court by a Sending State 22. Civil Suit by a Sending State Part 6: Remedies at the International Level 23. Diplomatic Protest by a Sending State 24. Jurisdiction in the International Court of Justice 25. Jurisdiction in Inter-American Human Rights Organs Part 7: An Overview of Consular Access Litigation 26. Proceedings in the International Court of Justice 27. Proceedings in the Inter-American System 2009: 234 x 156: 328pp Hb: 978-0-415-48327-8: £80.00 eBook: 978-0-203-86665-8 For more information, visit: www.routledge.com/9780415483278

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Participants in the International Legal System

Self-Determination in the Post-9/11 Era

Multiple Perspectives on Non-State Actors in International Law

Elizabeth Chadwick, Nottingham Trent University, UK

Sovereignty, Jurisdiction, and Exploitation of the Seas, Polar Regions, Airspace and Outer Space

Edited by Jean d’Aspremont, University of Amsterdam, the Netherlands The international legal system has weathered sweeping changes over the last decade for new participants have emerged. Indeed, international law-making and law-enforcement processes have become multi-layered and the number of actors involved herein has proven unprecedented. This growing importance of non-State actors at the law-making and law-enforcement levels has generated a lot of new scholarly studies on the topic. While it has remained uncontested that non-State actors like individuals, insurgents, multinational corporations and even terrorist groups are nowadays – albeit differently – playing an important role on the international plane, international legal scholarship has been riddled by controversy regarding the question of their status in international law. The book features contributions by renowned scholars each of whom will look at a region, theory or tradition of international law, and will consider how that approach to international law has determined the understanding of the role and status of non-State actors within that particular school of thought. The book takes a critical approach as it seeks to gauge the extent to which each conception and understanding of international law is instrumental to that perception of non-State actors. In undertaking this study the book will necessarily assess the current position of the State in the international legal order and examine the contemporary changes that have affected the State itself. Selected Contents: Part 1: Regional Perspectives Part 2: Schools of International Law Part 3: Institutional Perspectives Part 4: Subject Matter Based-Perspectives December 2010: 234 x 156: 256pp Hb: 978-0-415-56514-1: £75.00 For more information, visit: www.routledge.com/9780415565141

The issue of self-determination is often thought about and discussed in terms of the post-1945 framework which attempted to balance a stable vision of state sovereignty and territorial integrity alongside the principle of the self-determination of ‘peoples’. This implied that perhaps self-determination should be realisable within contexts of domestic state political process, multi-culturalism, and/or democratic representation. However, in the last decades there has been a shift in geo-political balance regarding the ‘power to choose’ those ‘causes’ deemed more justifiable in terms of force used to achieve liberation goals. This book takes the ten-year anniversary of 9/11 as a timely point at which to review the impact on the theory and practice of self-determination caused by wider anti-terrorist action and a growing disregard of the laws of armed conflict. The book will set out in detail the altered attitudes to violent struggles for self-determination. It will introduce the growing international disquiet in the face of increasing religious fundamentalist violence, the changing nature of international terrorist actors, and the expansion in justifications for violent liberation struggles. The book will look at specific examples of when the international community has chosen to intervene, and those in which it has not in order to reach conclusions about the continued viability of self-determination within the larger context of non-interference, territorial integrity and political independence. Selected Contents: 1. Introduction 2. Changes in Self-Determination Post-1989 3. U.N. Action Post-9/11, and U.N. Charter Chapter VII 4. Regional Responses to Struggles for Self-Determination 5. Self-Determination, and Regulation of the use of Force 6. Case Examples 7. Conclusions December 2010: 234 x 156: 320pp Hb: 978-0-415-55004-8: £75.00 For more information, visit: www.routledge.com/9780415550048

The Problem of Enforcement in International Law Countermeasures, the Non-Injured State and the Idea of International Community Elena Katselli Proukaki, Newcastle University, UK This book explores the contentious topic of how collective and community issues should be protected and enforced in international law. Elena Katselli Proukaki takes a detailed look at the issue of third-State countermeasures, and considers the work the International Law Commission has done in this area. The volume addresses both the theory and practice of third-State countermeasures within international law. Critically reviewing the conclusions of the International Law Commission on the non-existence of a right to third-State countermeasures, it includes consideration of examples of State practice not previously covered in the literature of this topic. In taking a thorough view of the issues involved the author identifies concerns about third-State countermeasures which remain unanswered, and considers the possible legal ramifications arising from a clash between a right to third-State countermeasures and obligations arising from other international norms. The Problem of Enforcement in International Law explores questions evolving around the nature, integrity and effectiveness of international law and the role it is called to play in a contemporary context. Selected Contents: 1. The International Community, Jus Cogens Norms and Obligations Erga Omnes 2. Community Interests in the Law on State Responsibility 3. Countermeasures in the Name of Community Interests in State Practice 4. Self-Contained Regimes, Solidarity Measures and the Fragmentation of International Law 5. The Principle of Proportionality

Legal Criteria for Spatial Delimitation Gbenga Oduntan, University of Kent, UK Sovereignty and jurisdiction are legal doctrines of a complex nature, which have been subject to differing interpretations by scholars in legal literature. The tridimensionality of state territory recognised under customary international law subsists until the present but there are other territories that do not or cannot belong to any state or political entity which also must be accounted for in legal theory. The issues surrounding sovereignty and jurisdiction are likely to become ever more pressing as globalisation, growing pressure on resources and the need for energy and national security become acute, and the resolution of special delimitation disputes seems likely to become a vital question in the twenty-first century. This book will focus primarily on the issues of sovereignty jurisdiction and control in airspace and outer space, but will also look at related issues pertaining to the Seas and Antarctica. As well as considering the matters in public international law the book will also explore aspects of private international law that are central to the understanding of sovereignty and jurisdiction over territories. Commercial exploitation, resource control and the international regime regulating contractual obligations in relation to transportation of goods and services over all forms of territory will be examined to the extent that they are necessary to explain jurisdictional rights and duties over territory. The book goes on to consider the distinction between airspace and outer space and puts forward legal criteria which would allow for the resolution of the spatial delimitation dispute. These criteria would determine where in spatial terms the exclusive sovereignty of airspace ends and where outer space – the province of all mankind – begins, and contribute to the jurisprudence of territorial sovereignty and jurisdiction. Selected Contents: 1. Preliminary Considerations: Sovereignty, Jurisdiction and Control in International Law 2. Aspects of Sovereignty and Jurisdiction Over the Seas 3. Aspects of Sovereignty and Jurisdiction in Polar Regions and in Antarctica 4. The Legal Status of the Airspace 5. Jurisdiction Over Crimes in the Airspace and on Board Aircraft 6. Jurisdiction and Control in the Airspace Over International Spaces 7. Sovereignty and Trespass in Territorial Airspace 8. Jurisdiction and Control in Outer Space 9. Legality of The Common Heritage of Mankind Principle in Space Law 10. Utilisation Regime Over Space Based Resources: Analogies from the International Seabed Regime and Antarctica 11. Jurisdiction and Control Rationae Instrumenti and Rationae Personnae in Outerspace 12. Aspects of Sovereignty and Jurisdiction in the Delimitation of the Seas December 2010: 234 x 156: 384pp Hb: 978-0-415-56212-6: £75.00 For more information, visit: www.routledge.com/9780415562126

2009: 234 x 156: 360pp Hb: 978-0-415-47832-8: £90.00 eBook: 978-0-203-86556-9 For more information, visit: www.routledge.com/9780415478328

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NEW

NEW

State Accountability under International Law

Events: The Force of International Law

Holding States Accountable for a Breach of Jus Cogens Norms

Edited by Fleur Johns, University of Sydney, Australia, Richard Joyce, University of Reading, UK and Sundhya Pahuja, University of Melbourne, Australia

Lisa Yarwood State Accountability under International Law sets forth a definition of State accountability as the antithesis of State impunity, and establishes a threshold against which the existence, or not, of State accountability can be determined. The book draws together the many academic theories relating to accountability that have arisen in various areas of international law including environmental law, human rights and trade law before going on to examine an emerging practice of State accountability. A variety of ad hoc attempts and informal mechanisms are assessed against the threshold of State accountability established with emphasis being given to practical examples ranging from the accountability of Germany and Japan after World War Two to the current attempts to prevent impunity by Sudan and Zimbabwe. The book also addresses the relationship between State accountability and the emerging practice of international humanitarian intervention to consider whether intervention could be used for the purpose of holding States accountable for a breach of jus cogens norms. Selected Contents: Introduction 1. The Elements of State Accountability 2. State Accountability as a Conceptual Framework 3. The Relationship between State Accountability and Three Relevant Doctrines of International Law 4. Juridical Support for State Accountability under the Doctrine of State Responsibility 5. State Accountability in State Practice Conclusion November 2010: 234 x 156: 240pp Hb: 978-0-415-57783-0: £75.00 eBook: 978-0-203-83752-8 For more information, visit: www.routledge.com/9780415577830

’A few books change the orientation of a discipline and Events belongs to this distinguished group ... Events is an intellectual event of the first order. I cannot imagine International law being taught in the same old way again.’ – Costas Douzinas, Professor of Law and Director of the Birkbeck Institute for the Humanities, University of London

’A wonderful collection of new thinking about the most enduring questions of international legal order ... As we think anew about just how our world is governed, these meditations on the interpretive and political power of law to define where we have been, who we are and where we are going offer terrific food for thought.’ – David Kennedy, Professor of Law, Harvard Law School and Director of the Institute for Global Law and Policy at Harvard University Events: The Force of International Law presents an analysis of international law, centred upon those historical and recent events in which international law has exerted, or acquired, its force. Selected Contents: Foreword, Martti Koskenniemi 1. Introduction, Fleur Johns, Richard Joyce and Sundhya Pahuja 2. The International Law in Force: Anachronistic Ethics and Divine Violence, Jennifer Beard 3. Absolute Contingency and the Prescriptive Force of International Law, Chiapas-Valladolid, ca. 1550, Oscar Guardiola-Rivera 4. Latin Roots: The Force of International Law as Event, Peter Fitzpatrick 5. Westphalia: Event, Memory, Myth, Richard Joyce 6. The Force of a Doctrine: Art. 38 of the PCIJ Statute and the Sources of International Law, Thomas Skouteris 7. Paris 1793 and 1871: Levée en Masse as Event, Gerry Simpson 8. Decolonisation and the Eventness of International Law, Sundhya Pahuja 9. Postwar to New World Order and Post-Socialist Transition: 1989 As Pseudo-Event, Scott Newton 10. The Liberation of Nelson Mandela: Anatomy of a ’Happy Event’ in International Law, Frédéric Mégret 11. Political Trials as Events, Emilios Christodoulidis 12. The Tokyo Women’s Tribunal and the Turn to Fiction, Karen Knop 13. Many Hundred Thousand Bodies Later: An Analysis of the ‘Legacy’ of the International Criminal Tribunal for Rwanda, Denise Ferreira da Silva 14. From the State to the Union: International Law and the Appropriation of the New Europe, Patricia Tuitt 15. The Emergence of the World Trade Organization: Another Triumph of Corporate Capitalism? Fiona Macmillan 16. The World Trade Organisation and Development: Victory of ‘Rational Choice’? Donatella Alessandrini 17. Protesting the WTO in Seattle: Transnational Citizen Action, International Law and the Event, Ruth Buchanan 18. Globalism, Memory and 9/11: A Critical Third World Perspective, Obiora Chinedu Okafor 19. Provoking International Law: War and Regime Change in Iraq, John Strawson 20. The Torture Memos, Fleur Johns September 2010: 234 x 156: 312pp Hb: 978-0-415-55452-7: £75.00 eBook: 978-0-203-84446-5 For more information, visit: www.routledge.com/9780415554527

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International Humanitarian Law and the International Red Cross and Red Crescent Movement Edited by Aldo Zammit Borda, Commonwealth Secretariat, UK This book provides a key reference on the role of the Commonwealth and its member states in relation to international humanitarian law (IHL). It provides insights in the implementation of IHL in Commonwealth states and, particularly, the challenges faced by small states. It examines the progressive development of IHL in the Commonwealth and provides an analysis of some of the landmark decisions emerging from the Special Court for Sierra Leone. The book was developed collaboratively between the Commonwealth Secretariat and the International Red Cross and Red Crescent Movement. In this regard, it contains insights in the work of the Secretariat with regard to implementation of IHL and an assessment of legislation enacted by Commonwealth states as well as an accession chart to IHL instruments. It expounds on the work of the Movement, including the role of National Societies, the International Humanitarian Fact-Finding Commission, and the development of international disaster response law, rules and regulation. This book was based on a special issue of Commonwealth Law Bulletin. Selected Contents: Foreword, K.J. Keith. Preface, Betty Mould-Iddrisu 1. Introduction to International Humanitarian Law, Aldo Zammit Borda 2. The Inter-Play between International Humanitarian Law and International Human Rights Law, Ruona Iguyovwe 3. Promoting International Humanitarian Law: The Work of the Commonwealth Secretariat, Melissa Khemani and Joshua Brien 4. Implementation of International Humanitarian Law within the Commonwealth, Leonard Blazeby 5. National Red Cross and Red Crescent Societies: Humanitarian Partner of Choice for Commonwealth States, Michael Meyer 6. The International Humanitarian Fact-Finding Commission, Charles Garraway 7. The Contribution of the Special Court for Sierra Leone to the Development of International Humanitarian Law, Susan C. Breau 8. Samoa’s Experience with the International Criminal Court, Ming Leung Wai 9. The Laws of War and Traditional Cultures: A Case Study of the Pacific Region, Helen Durham 10. International Disaster Response Law and the Commonwealth: Answering the Call to Action, Victoria Bannon Legislation 11. Commonwealth Countries Legislation 2005–2008 International Committee of the Red Cross IHL Treaty Accession 12. Accession Chart, International Committee of the Red Cross Model Laws 13. Model Law: Geneva Conventions (Consolidation) Act, International Committee of the Red Cross 14. Model Law: To Implement the Rome Statute of the International Criminal Court, The Commonwealth Secretariat April 2010: 234 x 156: 224pp Hb: 978-0-415-56571-4: £80.00 For more information, visit: www.routledge.com/9780415565714

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NEW

NEW

NEW

International Law and the Israeli-Palestinian Conflict

Major Work – 6 Volume Set

Routledge Handbook of International Law

A Rights-Based Approach to Middle East Peace

Edited by Joseph Weiler, NYU School of Law, New York University, USA and Alan Tzvika Nissel, New York University, USA and University of Helsinki, Finland

Edited by Susan M. Akram, Michael Dumper, University of Exeter, UK, Michael Lynk, University of Western Ontario, Canada and Iain Scobbie, School of Oriental and African Studies, University of London, UK The Israeli-Palestinian conflict has long been intertwined with, and has had a profound influence on, the principles of modern international law. Placing a rights-based approach to the Israeli-Palestinian conflict at the centre of discussions over its peaceful resolution, this book provides detailed consideration of international law and its application to political issues. Through the lens of international law and justice, the book debunks the myth that law is not useful to its resolution, illustrating through both theory and practice how international law points the way to a just and durable solution to the conflict in the Middle East. Contributions from leading scholars in their respective fields give an in-depth analysis of key issues that have been marginalized in most mainstream discussions of the Israeli-Palestinian conflict: • Palestinian refugees • Jerusalem • security • legal and political frameworks • the future of Palestine. Written in a style highly accessible to the non-specialist, this book is an important addition to the existing literature on the subject. The findings of this book will not only be of interest to students and scholars of Middle Eastern politics, International Law, International Relations and conflict resolution, but will be an invaluable resource for human rights researchers, NGO employees, and embassy personnel, policy staffers and negotiators. December 2010: 234 x 156: 368pp Hb: 978-0-415-57322-1: £85.00 For more information, visit: www.routledge.com/9780415573221

NEW

Sovereignty Between Politics and Law Tanja Aalberts, Leiden University, the Netherlands Series: New International Relations This book investigates the continuity and change of sovereignty as a key concept to the disciplines of International Relations (IR) and International Public Law, and international politics as a practice. Selected Contents: 1. Introduction 2. Narratives of Sovereignty 3. Sovereignty as Institution 4. Sovereignty as Identity 5. Sovereignty as (Language) Game 6. Sovereignty as Discipline 7. Conclusion August 2011: 234 x 156: 224pp Hb: 978-0-415-59676-3: £75.00 For more information, visit: www.routledge.com/9780415596763

International Law

This long-awaited Routledge collection brings together canonical and the very best cutting-edge works on International Law to provide both classical and contemporary perspectives on a rapidly developing subdiscipline. The gathered materials, carefully selected by Joseph Weiler (Editor) and Alan Nissel (Associate Editor), represent traditional approaches, as well as those that rethink the international legal system. Selected Contents: Volume I: An Overview of the System. Volume II: Fundamentals of International Law I. Volume III: Fundamentals of International Law II. Volume IV: International Law in and of Peace. Volume V: International Law in and of War. Volume VI: Interdisciplinary Approaches June 2011: 234 x 156: 2400pp Hb: 978-0-415-40027-5: £975.00 For more information, visit: www.routledge.com/9780415400275

International Law and the Protection of Cultural Heritage Craig Forrest, University of Queensland, Australia The world’s cultural heritage is under threat from war, illicit trafficking, social and economic upheaval, unregulated excavation and neglect. Over a period of almost fifty years, the United Nations Educational, Scientific and Cultural Organisation has adopted five international conventions that attempt to protect this cultural heritage. This book comprehensively and critically considers these five UNESCO cultural heritage conventions. The book looks at the conventions in the context of recent events that have exposed the dangers faced by cultural heritage, including the destruction of cultural heritage sites in Iraq and the looting of the Baghdad museum, the destruction the Buddhas of Bamiyan in Afghanistan, the salvage of artefacts from the RMS Titanic and the illicit excavation and trade in Chinese, Peruvian and Italian archaeological objects. As the only existing work to consider all five of the cultural heritage conventions adopted by UNESCO, the book acts as an introduction to this growing area of international law. However, the book does not merely describe the conventional principles and rules, but, critically evaluates the extent to which these international law principles and rules provide an effective and coherent international law framework for the protection of cultural heritage. It is suitable not only for those schooled in the law, but also for those who work with cultural heritage in all its manifestations seeking a broad but critical consideration of this important area of international law. Selected Contents: 1. Defining Cultural Heritage In International Law 2. International Legal Framework 3. Cultural Heritage and Armed Conflicts 4. The Return, Restitution and Repatriation of Movable Cultural Heritage 5. World Heritage Convention 6. Underwater Cultural Heritage 7. Intangible Cultural Heritage 8. From Five International Conventions to an International Law of Co-Operation 2009: 234 x 156: 480pp Hb: 978-0-415-46781-0: £85.00 eBook: 978-0-203-86519-4 For more information, visit: www.routledge.com/9780415467810

Edited by David Armstrong, University of Exeter, UK

This Handbook provides a definitive global survey of the interaction of international politics and international law.

Selected Contents: Part 1: The Nature of International Law 1. Is International Law Really Law? 2. The Sources of International Law 3. ‘Hard’ and ‘Soft’ Law in International Relations 4. Compliance Issues 5. International Law and International Society 6. Legal and Moral Norms in International Society 7. The Effectiveness of International Law 8. Theories of International Law 9. The Practice of International Law Part 2: The Evolution of International Law 10. The Classical World 11. The Era of Grotius 12. Nineteenth Century Positivism 13. Normative Change in International Society 14. Religion(s) and International Law 15. The ‘Legalization’ and ‘Institutionalisation’ of International Relations 16. Globalisation and Claims that We are Moving Towards a Cosmopolitan Rather than Inter-State Legal Community 17. The Increasing Role of Non-State Actors Part 3: Law and Power in International Society 18. Does Law Reflect or Constrain Power? 19. Law and Force in the Twenty First Century 20. American Hegemony and International Law (i) Pro 21. American Hegemony and International Law (ii) Anti 22. The Iraq War 23. Humanitarian Intervention Part 4: Key Issues in International Law 24. The Environment 25. Terrorism 26. The Laws of War 27. Human Rights 28. Trade 29. Finance 30. Intellectual Property 31. The United Nations 32. The International Court of Justice 33. Law of the Sea 34. Refugees and Migrants January 2011: 246 x 174: 504pp Hb: 978-0-415-41876-8: £125.00 Pb: 978-0-415-61052-0: £32.99 For more information, visit: www.routledge.com/9780415610520

NEW

Law Across Borders The Extraterritorial Application of UK Law Paul Arnell, Robert Gordon University, UK This book examines the extraterritorial application of UK public law. Building upon previous analyses which have focused on a single aspect of extraterritorially applied public law including criminal law, human rights and competition law, this book will examine each field in turn placing them in their context, before drawing them together in a coherent and systematic way. The book examines recent law and practice, as well as historic developments, and explores the important issue of enforcement. It also looks at the authority supporting the restriction of extraterritorial jurisdiction looking at international law, foreign law and practice and comity. It goes on to point the way forward in the development of the extraterritorial application of public law, and suggests ways in which greater coherence can be brought to the law. The book will be of interest to students and scholars of public law, international law, human rights, criminal law and competition law. Selected Contents: 1. Introduction 2. The Context 3. Criminal Law 4. Human Rights 5. Competition Law 6. Conclusion November 2011: 234 x 156: 256pp Hb: 978-0-415-55861-7: £75.00 For more information, visit: www.routledge.com/9780415558617

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i n t e r n at i o n a l r e l at i o n s , p o l i t i c s a n d l aw

NEW

Self-Defence in International and Criminal Law The Doctrine of Imminence Onder Bakircioglu, Queen’s University Belfast, UK The book provides a broad and interdisciplinary approach to the doctrine of self-defence in both domestic criminal and international law. In particular it focuses on the requirement of imminence, which deals with the question of when individuals or States may legitimately resort to defensive force against a serious danger or harm. Drawing from scholarship across law, history, politics and philosophy, this book explores the permissibility of employing preventive force under the law of individual and national self-defence. The book illustrates how the law of international self-defence, and in particular the requirement of imminence, has been subjected to controversy in parallel with its domestic counterpart. In both disciplines the debate over imminence is centred on similar concerns, issues and tensions despite the fact the arguments put forward are designed to address different scenarios. The book surveys the roots, role, rationale, and objectives of self-defence and questions whether the requirement of imminence should be removed from the traditional contours of the self-defence doctrine in national and international law. Selected Contents: 1. Introduction 2. The Doctrine of Self-Defence and its Limits in Criminal Law 3. The Laws of War and the Roots of International Self-Defence 4. From Sovereignty to Unilateralism: A Critique of the Preventive War Doctrine 5. The Role and Rationale of the Imminence Requirement in National and International Law: A Comparative Analysis 6. Conclusions December 2010: 234 x 156: 256pp Hb: 978-0-415-59422-6: £75.00 For more information, visit: www.routledge.com/9780415594226

Uncertainty in International Law A Kelsenian Perspective Jörg Kammerhofer, Friedrich Alexander University Erlangen-Nuremberg, Germany Re-engaging with the ‘pure’ theory of law which was proposed by Hans Kelsen and developed by the Viennese School of Jurisprudence, this book looks at the causes and manifestations of uncertainty in international law. The book considers both epistemological uncertainty as to whether we can accurately perceive norms in international law, and ontological uncertainty which occurs, it is argued, where two or more norms conflict. The book looks at these issues of uncertainty in relation to the foundational doctrines of public international law, including the law of self-defence under the United Nations Charter, customary international law, and the interpretation of treaties. In viewing international law through the lens of Kelsen’s theory Jörg Kammerhofer demonstrates the importance of legal theory for the study of international law and offers a critique of the recent trend towards pragmatism in international legal scholarship. Selected Contents: 1. Introduction 2. Self-Defence under the United Nations Charter 3. Customary International Law 4. Interpretation and Modification 5. Conflict of Norms in International Law 6. A Constitution for International Law 7. The Inevitable Grundnorm July 2010: 234 x 156: 304pp Hb: 978-0-415-57784-7: £80.00 eBook: 978-0-203-84721-3

International Relations, Politics, and Law

NEW

Counter-Terrorism and Beyond

Claire Macken, Deakin University, Australia

The Culture of Law and Justice After 9/11 Edited by Andrew Lynch, Nicola McGarrity and George Williams, all at University of New South Wales, Australia Series: Routledge Research in Terrorism and the Law This book considers the increasing trend towards a ‘culture of control’ in democratic countries. The post-9/11 counter-terrorism laws in nations such as the USA, the UK, Canada and Australia provide a stark demonstration of this trend. These laws share a focus on the pre-emption of crime, restrictions on the right to liberty of non-suspects, limited public access to information, and increased community surveillance. The laws derogate, in many respects, from the ordinary principles of the criminal justice system and fundamental human rights while also harnessing public institutions in the broader project of prevention and control. Distinctively, the contributors to this volume focus on the impact of these laws outside of the counter-terrorism context. The book draws together a range of experts in both public and criminal law, from Australia and overseas, to examine the effect of counter-terrorism laws on public institutions within democracies more broadly. Issues considered include changes to the role and functions of the courts, the expansion of executive discretion, the seepage of extraordinary powers and pre-emptive measures into other areas of the criminal law, and the interaction and overlap between intelligence and law enforcement agencies. Selected Contents: Part 1: Introduction 1. The Emergence of a ‘Culture of Control’, Andrew Lynch, Nicola McGarrity and George Williams Part 2: Prevention and Pre-Emption, Evidence and Intelligence 2. Counter-Terrorism: The Law and Policing of Pre-Emption, Jude McCulloch and Sharon Pickering 3. The Counter-Terrorism Purposes of an Australian Preventative Detention Order, Claire Macken 4. The Eroding Distinction Between Intelligence and Evidence in Terrorism Investigations, Kent Roach Part 3: Community Surveillance and the Creation of a Culture of Suspicion 5. Constitutional Criminal Procedure and Civil Rights in the Shadow of the ‘War on Terror’: A Look at Recent United States Decisions and the Rhetoric of Terrorism, Charles Weisselberg 6. Suspicionless Searches and the Prevention of Terrorism, John Ip 7. A Passport to Punishment: Administrative Measures of Control for National Security Purposes, Susan Harris Rimmer Part 4: The Normalisation of Extraordinary Measures 8. When Extraordinary Measures Become Normal: Pre-Emption in Counter-Terrorism and Other Laws, Nicola McGarrity and George Williams 9. The Anti-Terror Creep: Law and Order, the States and the High Court of Australia, Gabrielle Appleby and John Williams Part 5: The Flow of Information in Liberal Democracies 10. Proxies for the Authorities? Using Media Information in the Investigation and Prosecution of Terrorism Offences, Lawrence McNamara 11. The Show Must Go On: The Drama of Dr Mohamed Haneef and the Theatre of Counter-Terrorism, Mark Rix Part 6: Judicial Review and the Parliamentary Process: How Best to Protect Human Rights? 12. Extra-Constitutionalism, Dr Mohamed Haneef and Controlling Executive Power in Times of Emergency, Fergal Davis

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Counter-Terrorism and the Detention of Suspected Terrorists Preventive Detention and International Human Rights Law Series: Routledge Research in Terrorism and the Law In a regional, national and global response to terrorism, the emphasis necessarily lies on preventing the next terrorist act. Yet, with prevention comes prediction: the need to identify and detain those considered likely to engage in a terrorist act in the future. The detention of ‘suspected terrorists’ is intended, therefore, to thwart a potential terrorist act recognising that retrospective action is of no consequence given the severity of terrorist crime. Although preventative steps against those reasonably suspected to have an intention to commit a terrorist act is sound counter-terrorism policy, a law allowing arbitrary arrest and detention is not. A State must carefully enact anti-terrorism laws to ensure that preventative detention does not wrongly accuse and grossly slander an innocent person, nor allow a terrorist to evade detection. This book examines whether the preventative detention of suspected terrorists in State counter-terrorism policy is consistent with the prohibitions on arbitrary arrest and detention in international human rights law. This examination is based on the ‘principle of proportionality’; a principle underlying the prohibition on arbitrary arrest as universally protected in the Universal Declaration of Human Rights, and given effect to internationally in the International Covenant on Civil and Political Rights, and regionally in regional instruments including the European Convention on Human Rights. The book is written from a global counter-terrorism perspective, drawing particularly on examples of preventative detention from the UK, US and Australia, as well as jurisprudence from the ECHR. Selected Contents: 1. Preventive Detention – Background, History and Practice 2. The Right to Personal Liberty in International Human Rights Law as a Legal Framework for the Consideration of State Preventive Detention Laws 3. The Preventive Detention of Suspected Terrorists Pursuant to a State of Emergency in International Human Rights Law 4. Legitimate and Illegitimate Purposes of Preventive Detention 5. The Way Forward – A Model Law for the Detention of Suspected Terrorists within a Criminal Law Framework 6. Conclusions as to the Preventive Detention of Suspected Terrorists in International Law March 2011: 234 x 156: 256pp Hb: 978-0-415-55051-2: £75.00 For more information, visit: www.routledge.com/9780415550512

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May 2010: 234 x 156: 256pp Hb: 978-0-415-57175-3: £75.00 eBook: 978-0-203-84989-7 For more information, visit: www.routledge.com/9780415571753

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The United States, International Law and the Struggle against Terrorism Thomas McDonnell, Pace University, USA Series: Routledge Research in Terrorism and the Law This book discusses the critical legal issues raised by the US responses to the terrorist threat, analyzing the actions taken by the Bush administration during the so-called ’War on Terrorism’ and their compliance with international law. Thomas McDonnell highlights specific topics of legal interest including torture, extra-judicial detentions and the invasions of Afghanistan and Iraq, and examines them against the backdrop of terrorist movements which have plagued Britain and Russia. The book extrapolates from the actions of the USA, going on to look at the difficulties all modern democracies face in trying to combat international terrorism. This book demonstrates why current counter-terrorism practices and policies should be rejected, and new policies adopted that are compatible with international law. Written for students of law, academics and policy-makers, the volume demonstrates the dangers that breaking international law carries in the ’War on Terrorism’. Selected Contents: Acknowledgements. List of Abbreviations. Preface 1. The West’s Colonization of Muslim Lands and the Rise of Islamic Fundamentalism 2. ’The Global War on Terrorism’: A Mislabeling of the Terrorist Challenge? Part 1: Imprisoning Suspected Agents of Terror 3. ’Torture Light’ 4. Torture Heavy 5. The Allure of the ’Ticking Time Bomb’ Hypothetical 6. Beyond Locking ’Em Up and Throwing Away the Key? Indefinite Detention, Habeas Corpus, and the Right to a Fair Trial Part 2: Stopping Terrorists on the Ground 7. Acceptable ’Collateral Damage’? Taking Innocent Life in Conducting the ’War on Terrorism’ 8. Assassinating Suspected Terrorists: ’The Dark Side’ of the War on Terror? 9. Carrying out the Death Penalty in the ’War on Terrorism’: Getting Just Desert or Creating Martyrs? 10. Ethnic and Racial Profiling: Counter Productive in the ’War on Terrorism’? Part 3: Invading and Occupying Muslim Countries 11. The Invasion and Occupation of Iraq: Aggression or a Justified Resort to Force? 12. The Invasion and Occupation of Afghanistan: The Legal Challenge Posed by the Haven State 13. Conquest, Colonization and the Right of Self-Determination. Glossary. Index 2009: 234 x 156: 312pp Hb: 978-0-415-48898-3: £75.00 Pb:978-0-415-78242-5: £28.99. eBook: 978-0-203-86752-5 For more information, visit: www.routledge.com/9780415488983

Proposals

Transnational Justice NEW

The Era of Transitional Justice The Aftermath of the Truth and Reconciliation Commission in South Africa and Beyond Paul Gready, University of York, UK ’Paul Gready has written a well-researched, thoughtful and unique volume. His assertion that those working on transitional justice and human rights must do more to address the structural poverty and violence which are the enduring legacies of the past – including through greater attention to realizing economic, social and cultural rights for all – is an important message for the twenty-first century. This book offers a wealth of insights for those working in a range of fields including, but going well beyond, transitional justice.’ – Mary Robinson, President of Realizing Rights: The Ethical Globalization Initiative; former President of Ireland ’This superb book provides an insightful, provocative and timely critique of the strengths and weaknesses of transitional justice mechanisms, through the prism of truth commissions. In recent years transitional justice mechanisms have spread somewhat promiscuously and have been asked to take on a rapidly expanding array of tasks. But too little attention has been paid to coherence, manageability, or the deeper assumptions underpinning the process. This book analyses those shortcomings critically but constructively and provides important guidelines for the future.’ – Philip Alston, John Norton Pomeroy Professor of Law, New York University School of Law ’The Era of Transitional Justice is a brilliant inquiry into the sensitive domain of transitional justice given concreteness by a focus on post-apartheid South Africa’s struggle for truth and reconciliation, but it is more than this. What really makes this book indispensable is its exceptionally clarifying conceptual framework for thought and action across the whole spectrum of human rights/justice concerns.’ – Richard Falk, Research Professor, Global Studies, UCSB The Era of Transitional Justice explores the broader issues raised by political transition and transitional justice through the prism of the TRC and transition in South Africa. Selected Contents: Introduction 1. Truth as Genre 2. From Social Truth to Rights-Based Participation 3. Justice Past 4. Justice Present 5. Speaking Truth to Reconciliation 6. Reconciliation, Relationships and the Everyday. Conclusion October 2010: 234 x 156: 288pp Hb: 978-0-415-58116-5: £75.00 eBook: 978-0-203-84193-8 For more information, visit: www.routledge.com/9780415581165

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Testifying to Trauma The Codification of Atrocity in Humanitarian Law Kirsten Campbell, University of London, UK, Hannah Starman, Institute of Ethnic Studies, Slovenia and Sari Wastell, Goldsmiths College, University of London, UK Some fifty years after the criminal prosecutions of the Nuremberg and Tokyo Tribunals of World War Two, we have yet to fully understand how law codifies the traumas of genocides and war crimes. This problem has taken on a new importance following the establishment of the international criminal tribunals in the 1990s, as well as an increasing concern with the appropriate legal resolution of war crimes in post-conflict societies such as Iraq.

Transitional Justice, Judicial Accountability and the Rule of Law Hakeem O. Yusuf, Queens University Belfast, UK Transitional Justice, Judicial Accountability and the Rule of Law addresses the importance of judicial accountability in transitional justice processes. Despite a general consensus that the judiciary plays an important role in contemporary governance, accountability for the judicial role in formerly authoritarian societies remains largely elided and under-researched. Hakeem O. Yusuf argues that the purview of transitional justice mechanisms should, as a matter of policy, be extended to scrutiny of the judicial role in the past. Through a critical comparative approach that cuts through the transitioning experiences of post-authoritarian and post-conflict polities in Latin America, Asia, Europe and Africa, the book focuses specifically on Nigeria. It demonstrates that public accountability of the judiciary through the mechanism of a truth-seeking process is a necessary component in securing comprehensive accountability for the judicial role in the past.

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Against this background, Testifying to Trauma examines the processes by which victims’ narratives of trauma become legal testimony: investigating how the transformation of individual trauma into a codified collective violation has ramifications for individual, collective and legal identities.

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Selected Contents: 1. Genealogies of Codification: The Histories and Politics of the Narration of Trauma 2. Trials of History/Trials in History: Legal Institutions Post-Eichmann 3. Jurisprudence and the Narration of Trauma Post-Eichmann 4. Pre-Trial Procedures and the Production of the ‘Victim-Witness’ 5. Trial Practices and the Shaping of Legal Narratives of Trauma 6. In the Time(s) of Law 7. Before and After Law 8. Conclusions

Selected Contents: Introduction 1. The Case for Judicial Accountability in Transitions 2. Truth, Transition, and Accountability of the Judiciary 3. Political Change and Judicial Reform: An International and Comparative Perspective 4. Judicial Accountability in Political Transitions: The Nigerian Context 5. Rights, the Judiciary and Constitutionalism in Transitions 6. Transition and the Judicialization of Politics: Dialectics of a Phenomenon 7. Courts to the Rescue? The Judicialization of Politics in Nigeria. Conclusion

March 2011: 234 x 156: 240pp Hb: 978-0-415-45947-1: £75.00 eBook: 978-0-203-93075-5

April 2010: 234 x 156: 216pp Hb: 978-0-415-57535-5: £75.00 eBook: 978-0-203-85175-3

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Cartelization, Antitrust and Globalization in the US and Europe

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The Courts of Genocide Politics and the Rule of Law in Rwanda and Arusha

Mark S. LeClair, Fairfield University, USA

Complicity: The Hidden Role of Britain and France in Rwanda’s Genocide

Series: Routledge Studies in the Modern World Economy

Hazel Cameron, University of Stirling, UK

This book provides a comprehensive examination of the history of cartels in the US and Europe and the development of significant new antitrust tools , evaluating how economic forces and globalization have altered the structure of collusion. Selected Contents: 1. The Development of Antitrust Policy in the US and the EU 2. Models of Cartel Behavior 3. The Historical Background – Early Cartels and the Phasing in of Antitrust Law 4. Globalization, Collusion and the Need for Antitrust Reform 5. The Modern Face of Collusion – Recent Cases in the US and EU 6. Potential Reforms of Antitrust Law as it is Applied to Cartels July 2010: 234 x 156: 196pp Hb: 978-0-415-57343-6: £85.00 For more information, visit: www.routledge.com/9780415573436

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Colonialism, Slavery, Reparations and Trade Remedying the ’Past’? Edited by Fernne Brennan and John Packer, both at University of Essex, UK Colonialism, Slavery, Reparations and Trade: Remedying the ‘Past’? addresses how reparations might be obtained for the legacy of the trans Atlantic slave trade. This collection lends weight to the argument that liability is not extinguished on the death of the plaintiffs or perpetrators. Arguing that the impact of the slave trade is continuing and therefore contemporary, it maintains that this trans-generational debt remains, and cannot not be addressed. Bringing together leading scholars, practitioners, diplomats, and activists, Colonialism, Slavery, Reparations and Trade provides a powerful and challenging exploration of the variety of available – legal, relief-type, economic-based and multi-level – strategies, and barriers, to achieving reparations for slavery. Selected Contents: Commentary, Rhoda HowardHassmann. Introduction: Four Themes for Addressing Slave Trade Reparations, F. Brennan and J. Packer Part 1: Legal Technical Approach The Case Reparations, A. Gifford The Durban Plan of Action, Law and Slave Trade Reparations, His Excellency K. Quartey Restitution as a Legal Strategy, K. Bracegirdle Restitution-Based Slave Trade Reparations, M. Goffee Judges, Jurisprudence and Slavery, S. Dziobon Symbolic Litigation, D. Shelton Part 2: ‘Relief’ Apologies and the British Experience, M. Dresser Apologies: Corporatization and Commodification, P. McHugh Holocaust Reparations and Slave Trade Reparations: Pros and Cons, C. Nathan Part 3: Economic-Based Reparations Free Trade, Slave Trade and Post-Colonial Consequences, M. Sherwood Trade, Companies, States and Causal Links, S. Peers and P. Muchlinski Benchmarking State Practice in the International Trade Arena through Reparations, R. Kariyawasam Part 4: Multi-Level Strategies A Multi-Level Strategy Approach to Slave Trade Reparations, E. Stanford States and Human Rights: The Use of Universal Periodic Review, His Excellency Luis Alfonso de Alba Reparations and Economic, Social and Cultural Rights, T. Van Boven December 2011: 234 x 156: 224pp Hb: 978-0-415-61915-8: £75.00 For more information, visit: www.routledge.com/9780415619158

Complicity: The Hidden Role of Britain and France in Rwanda’s Genocide examines the role of these countries as external bystanders to the crime of genocide, and particularly their complicity – in violation of international criminal laws – in the Rwandan genocide of 1994. As prevailing accounts confine themselves to the role and actions of the United States and the United Nations, the full picture of Rwanda’s genocide has yet to be revealed. And, Hazel Cameron demonstrates, it is the unravelling of the criminal role and actions of the British and French Governments that illuminates the answer to the question of ‘why’ the genocide in Rwanda occurred. In this book, she provides a systematic and detailed analysis of the policies of the British and French Governments towards civil unrest in Rwanda throughout the 1990s, which culminated in genocide. Utilising documentary evidence obtained as a result of Freedom of Information requests to the Foreign and Commonwealth Office, as well as material obtained through extensive interviews – with British government cabinet members, diplomats, Ambassadors to the United Nations Security Council, prisoners in Rwanda convicted of being leaders and organisers of genocide, and victims and survivors of genocide in Rwanda – she finds that the actions of the British and French governments, both before and during the Rwandan genocide of 1994, were disassociated from human rights norms. These actions, the book argues, are clearly definable as complicity in genocide. This incisive and ethically uncompromising account of the moral culpability of the powerful within the corridors of government in both London and Paris will be of interest to anyone concerned with the misuse of state power. Selected Contents: 1. An Introduction 2. ’Complicity Assumes Great Importance for Protecting Individuals, People’s and Weaker States’ 3. Reading the Histories of Genocide 4. The Spectre of Genocide in Rwanda and its Aftermath 5. France’s Political and Military Relationship with Rwanda and Overt Complicity in Genocide 6. The Role of the United Kingdom in Rwanda: Covert Complicity in Genocide 7. A Conclusion September 2011: 234 x 156: 176pp Hb: 978-0-415-61960-8: £75.00 For more information, visit: www.routledge.com/9780415619608

Nicholas Jones, University of Regina, Canada The Courts of Genocide focuses on the judicial response to the genocide in Rwanda in order to address the search for justice following mass atrocities. The central concern of the book is how the politics of justice can get in the way of its administration. Considering both the ICTR (International Criminal tribunal for Rwanda), and all of the politics surrounding its work, and the Rwandan approach (the Gacaca courts and the national judiciary) and the politics that surround it, The Courts of Genocide addresses the relationship between these three ’courts’ which, whilst oriented by similar concerns, stand in stark opposition to each other. In this respect, the book addresses a series of questions, including: What aspects of the Rwandan genocide itself played a role in directing the judicial response that has been adopted? On what basis did the government of Rwanda decide to address the genocide in a legalistic manner? Around what goals has each judicial response been organized? What are the specific procedures and processes of this response? And, finally, what challenges does its multifaceted character create for those involved in its operation, well as for Rwandan society? Addressing conceptual issues of restorative and retributive justice, liberal legalism and cosmopolitan law, The Courts of Genocide constitutes a substantially grounded reflection upon the problem of ’doing justice’ after genocide. Selected Contents: 1. The Rwandan Genocide and the Judicial Response 2. A Theoretical Framework for Justice in the Aftermath of the Rwandan Genocide 3. The Gacaca Courts 4. The Rwandan National Judiciary 5. The International Criminal Tribunal for Rwanda 6. International Jurisprudence: Definitions of the Crimes and the Key Precedents 7. Issues Impacting the Search for Justice Across all Three Judicial Realms: Witness Protection, Hearsay, Evidence and Plea Bargaining 8. Conclusions, Predictions and Reflections 2009: 234 x 156: 256pp Hb: 978-0-415-49070-2: £85.00 eBook: 978-0-203-88080-7 For more information, visit: www.routledge.com/9780415490702

Gender and Transitional Justice The Women of East Timor Susan Harris Rimmer, Australian National University, Australia

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Series: Routledge Contemporary Southeast Asia Series

International Justice after Conflict

This book provides the first comprehensive feminist analysis of the role of international law in the formal transitional justice mechanisms. Using East Timor as a case study, it offers reflections on transitional justice administered by a UN transitional administration. Often presented as a UN success story, the author demonstrates that, in spite of women and children’s rights programmes of the UN and other donors, justice for women has deteriorated in post-conflict Timor, and violence has remained a constant in their lives.

Outreach, Legacy and Accountability Jessica Lincoln, King’s College, London, UK Series: Contemporary Security Studies This book critically examines the role of outreach within the application of international justice in post-conflict settings. Selected Contents: Introduction 1. Conflict in Sierra Leone: the Need for Justice 2. Sierra Leone: Conflict and Judicial Intervention 3. Establishing the Special Court for Sierra Leone 4. Doing Justice 5. Outreach 6. Legacy. Bibliography December 2010: 234 x 156: 208pp Hb: 978-0-415-59839-2: £75.00 For more information, visit: www.routledge.com/9780415598392

Selected Contents: 1. Introduction: A Luta Continua! (The Fight Continues!) 2. Sexing the Subject of Transitional Justice 3. Cecelia Soares Recalls: East Timor as a Case Study 4. Beloved Madam: The Indonesian ad hoc Human Rights Court 5. Wearing his Jacket: The Serious Crimes Process 6. Women Cut in Half: The Commission for Reception, Truth Seeking and Reconciliation and the Limits of Restorative Justice 7. Conclusion: ’Operation Love’. Appendices. Bibliography February 2010: 234 x 156: 256pp Hb: 978-0-415-56118-1: £80.00 For more information, visit: www.routledge.com/9780415561181

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Democracy, Equality, and Justice Edited by Matt Matravers, University of York, UK and Lukas H. Meyer, Universitat Graz, Austria In addressing democracy, equality, and justice together, the book stimulates discussions that go beyond the sometimes increasingly technical and increasingly discrete literatures that now dominate the study of each concept. This book was published as a special issue of Critical Review of International Social and Political Philosophy. Selected Contents: 1. Introduction: Democracy, Equality, and Justice Matt Matravers and Lukas H. Meyer Justice and Democracy 2. Representing Future Generations: Political Presentism and Democratic Trusteeship Dennis F. Thompson 3. Justice, Legitimacy, and Constitutional Rights Wilfried Hinsch Justice and Quality 4. Why Equality? On Justifying Liberal Egalitarianism Paul Kelly 5. Luck, Equality and Responsibility Keith Dowding 6. Coercive Redistribution and Public Agreement: Re-Evaluating the Libertarian Challenge of Charity Clare Chambers and Philip Parvin Justice and Community 7. Human Rights and Moral Cosmopolitanism Charles Jones 8. On the Interrelations between Domestic and Global (In)Justice Peter Koller 9. Cultural Diversity and Biodiversity: A Tempting Analogy David Heyd 10. Linguistic Justice and the Territorial Imperative Philippe Van Parijs Justice and the Future 11. Climate Change and the Duties of the Advantaged Simon Caney 12. Climate Justice and Historical Emissions Lukas H. Meyer and Dominic Roser December 2010: 234 x 156: 288pp Hb: 978-0-415-59292-5: £80.00 For more information, visit: www.routledge.com/9780415592925

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International Law, Security and Ethics Policy Challenges in the post-911 World Edited by Aidan Hehir, University of Westminster, UK, Natasha Kuhrt, King’s College London, UK and Andrew Mumford, University of Hull, UK Series: Contemporary Security Studies This volume explores the nexus of the issues of international law and ethics in the context of the ’War on Terror’, and the misalignment of contemporary security demands with existing law. Selected Contents: 1. Introduction Andy Mumford and Natasha Kuhrt Part 1: Framing the Issue 2. Terrorism, Security and International Law Nigel White 3. Terrorism or Insurgency? Al Qaeda’s Networked Threat and the State Response Andy Mumford 4. Self-Defence in a New Era James Gow Part 2: International Law and Security 5. Who Killed the Right to Self-Defence? Thomas Jones 6. Computer Network Attacks, Self-Defence and International Law Elaine Korzak 7. The Nexus of Self-Determination and Security in a Time of Terror: Implications for Humanitarian Intervention Natasha Kuhrt 8. Law and War in a Time of Terror? Rachel Kerr and James Gow Part 3: Self Defence 9. In the Shadow of Guantanamo Bay: Judicial Responses to the ‘War on Terror’ Emma MacClean 10. Security, Discretion and International Law Aidan Hehir 11. Conclusion Aidan Hehir March 2011: 234 x 156: 240pp Hb: 978-0-415-60742-1: £75.00 For more information, visit: www.routledge.com/9780415607421

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A Discourse on Domination in Mandate Palestine Imperialism, Property and Insurgency Zeina B. Ghandour, London School of Economics, UK

British discourse during the Mandate, with its unremitting convergence on the problematic ‘native question’, and which rested on racial and cultural theories and presumptions, as well as on certain givens drawn from the British class system, has been taken for granted by historians. The validity of cultural representations as pronounced within official correspondence and colonial laws and regulations, as well as within the private papers of colonial officials, survives more or less intact. There are features of colonialism additional to economic and political power, which are glaring yet have escaped examination, which carried cultural weight and had cultural implications and which negatively transformed native society. This was inevitable. But what is less inevitable is the subsequent collusion of historians in this, a (neo-) colonial dynamic. The continued collusion of modern historians with racial and cultural notions concerning the rationale of European rule in Palestine has postcolonial implications. It drags these old notions into the present where their iniquitous barbarity continues to manifest. This study identifies the symbolism of British officials’ discourse and intertwines it with the symbolism and imagery of the natives’ own discourse (from oral interviews and private family papers). At all times, it remains allied to those writers, philosophers and chroniclers whose central preoccupation is to agitate and challenge authority. This, then, is a return to the old school, a revisiting of the optimistic, vibrant rhetoric of those radicals who continue to inspire post and anti-colonial thinking. In order to dismantle, and to undo and unwrite, A Discourse on Domination in Mandate Palestine holds a mirror up to the language of the Mandatory by counteracting it with its own integrally oppositional discourse and a provocative rhetoric. Selected Contents: Introduction: This is Not Ethnography 1. ‘Through Their Chiefs’: The Metanarrative of Imperial Rule in Africa and the East 2. ‘Unmarked and Undivided’: Language, Law and Myth – How to Transform Aboriginal Landscape 3. ‘Between The Bazaar and the Bungalow’: A Rebellion without Rebels 4. ‘Raising of the Religious Cry’: How to Make Muslims, Moderates and Extremists out of the Elite 5. The Last Word: The Unusual Suspects 2009: 234 x 156: 216pp Hb: 978-0-415-48993-5: £75.00 eBook: 978-0-203-88084-5 For more information, visit: www.routledge.com/9780415489935

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Environmental Security in the Arctic Ocean Promoting Co-operation and Preventing Conflict Paul Arthur Berkman, University of Cambridge, UK This book proposes environmental security as providing a framework to mitigate the risks of the Arctic’s shift from an ice cap to a seasonally ice-free and, so far, ungoverned space. This book was published as a special issue of Whitehall Papers. Selected Contents: Foreword Admiral James Stavridis 1. Environmental Security in the Arctic Ocean: Fostering Co-Operation and Preventing Conflict 2. The Arctic Ocean 3. Beyond National Boundaries 4. Matters of Security 5. Arctic Ocean Stewardship 6. Global Statesmanship April 2011: 234 x 156: 160pp Hb: 978-0-415-61744-4: £80.00 For more information, visit: www.routledge.com/9780415617444

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Genocide, State Crime, and the Law In the Name of the State Jennifer Balint, University of Melbourne, Australia Genocide, State Crime, and the Law argues that genocide and other forms of state crime must be located in relation to cultural, political and legal processes if they are to be properly understood and addressed. Discussing a series of case studies of genocide – in Armenia, Nazi Germany, Cambodia, South Africa, Ethiopia, Rwanda and the former Yugoslavia – the book is oriented towards two post-conflict problems: how to address the institutional dimensions of the harm perpetrated, and to what extent law can lay claim to being a re-constitutive actor. Such occurrences of genocide are regularly considered as an event that is disconnected from the particular character of the society in which it occurs. But it is with reference to their distinct cultural, political and legal contexts that, Jennifer Balint maintains, genocide must be approached. It is not, she argues, new institutions that are needed; but a new approach to addressing genocide and state crime – one that takes into consideration its broader social, historical and institutional dimensions. Only then is it possible to understand the limits and the potential of post-conflict political-legal processes. An important, and indeed vital, contribution to the growing interest and literature in the area of post-conflict studies, Genocide, State Crime, and the Law will be of considerable value to those concerned with law’s ability to be a force for good in the wake of harm and atrocity. Selected Contents: 1. Conceptualising Genocide and State Crime 2. The Toleration of Harm: Law and Perpetration 3. Cutting off the Old, Envisaging the New: Law and Redress 4. Accountability and Responsibility: Addressing Institutions 5. Bringing us all Together: Law and Reconciliation 6. Law and the Constitution of State Crime and Genocide March 2011: 234 x 156: 224pp Hb: 978-0-415-54381-1: £75.00 For more information, visit: www.routledge.com/9780415543811

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The Kurdish Conflict

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Humanitarian Intervention and the Responsibility to Protect

International Humanitarian Law and Post-Conflict Mechanisms

Mainstreaming Human Security in Peace Operations and Crisis Management

Security and Human Rights

Kerim Yildiz, The Kurdish Human Rights Project, UK and Susan Breau, Flinders University, Australia

Cristina G. Badescu, University of Toronto, Canada

Series: Global Politics and the Responsibility to Protect This book explores attempts to develop a more acceptable account of the principles and mechanisms associated with humanitarian intervention, which has become known as the ‘Responsibility to Protect’ (R2P). Selected Contents: 1. Introduction: Humanitarian Intervention and the Responsibility to Protect Part 1: R2P’s Theoretical Weight 2. The Responsibility to Protect: Sovereignty and Human Rights 3. Who Authorizes Interventions? 4. Who Conducts Interventions? Part 2: R2P’s Practical Dimensions 5. From Concept to Norm 6. From Normative Development to Implementation 7. Conclusion. Bibliography November 2010: 234 x 156: 240pp Hb: 978-0-415-58627-6: £75.00 eBook: 978-0-203-83454-1 For more information, visit: www.routledge.com/9780415586276

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International Intelligence Cooperation and Accountability Edited by Hans Born, Geneva Centre for the Democratic Control of Armed Forces, Switzerland, Ian Leigh, Durham University, UK and Aidan Wills, Geneva Centre for the Democratic Control of Armed Forces, Switzerland Series: Studies in Intelligence This book examines how international intelligence cooperation has come to prominence post-9/11 and introduces the main accountability, legal and human rights challenges that it poses. Selected Contents: Foreword Helga Hernes Part 1: Introduction 1. Accountability and Intelligence Cooperation: Framing the Issue Ian Leigh 2. International Intelligence Cooperation in Practice Richard Aldrich Part 2: Challenges 3. Blacklisting and Financial Sanctions against Suspected Terrorists Iain Cameron 4. The Collateral Casualties of Collaboration: The Consequences for Civil and Human Rights of Transnational Intelligence Sharing Craig Forcese 5. Rendition, Torture and Intelligence Cooperation Silvia Borelli 6. Intelligence Cooperation in International Operations: Peacekeeping, Weapons Inspections, and the Apprehension and Prosecution of War Criminals Simon Chesterman Part 3: Oversight and Review 7. National Oversight of International Intelligence Cooperation Philippe Hayez 8. Fit for Purpose? Accountability Challenges and Paradoxes of Domestic Inquiries Andrea Wright 9. International responses to the Accountability Gap: European Inquiries into Illegal Transfers and Secret Detentions Hans Born and Aidan Wills Part 4: The Role of Law 10. National Courts and Intelligence Cooperation Ian Leigh 11. International Law: Human Rights Law and State Responsibility Martin Scheinin and Mathias Vermeulen Part 5: Conclusion 12. International Intelligence Cooperation and Accountability: Formidable Challenges and Imperfect Solutions Aidan Wills and Hans Born January 2011: 234 x 156: 288pp Hb: 978-0-415-58002-1: £75.00 eBook: 978-0-203-83173-1 For more information, visit: www.routledge.com/9780415580021

This book is highly topical considering the recent resurgence of violence by the PKK, the incursions into Northern Iraq by the Turkish army and security forces and Turkey’s EU accession negotiations. Turkey has become an increasingly important player in Middle Eastern geopolitics. More than two decades of serious conflict in Turkey are proving to be a barrier to improved relations between Turkey and the EU. This book is the first study to fully address the legal and political dimensions of the conflict, and their impact on mechanisms for conflict resolution in the region, offering a scholarly exploration of a debate that is often politically and emotionally highly charged. Kerim Yildiz and Susan Breau look at the practical application of the law of armed conflicts to the ongoing situation in Turkey and Northern Iraq. The application of the law in this region also means addressing larger questions in international law, global politics and conflict resolution. Examples include belligerency in international law, whether the ‘War on Terror’ has resulted in changes to the law of armed conflict and terrorism and conflict resolution. The Kurdish Conflict explores the practical possibilities of conflict resolution in the region, examining the political dynamics of the region, and suggesting where lessons can be drawn from other peace processes, such as in Northern Ireland.

Selected Contents: 1. Historical Background 2. The International Law of Armed Conflict – Jus in Bello 3. Common Article 3. Customary International Humanitarian Law, International Human Rights Law and Minimum Humanitarian Standards Applicable to the Conflict in Southeast Turkey 4. Belligerents 5. The International Law of Armed Conflict – Jus ad Bellum 6. Terrorism, the Law of Armed Conflict and the PKK 7. Terrorism: Historical Engagement and the Global War on Terror 8. Self-Determination: Models for a Political Solution 9. International Humanitarian Law: Recognition of the Conflict as a Basis for Constructive Political Dialogue and Peace-Building June 2010: 234 x 156: 376pp Hb: 978-0-415-56270-6: £85.00 Pb: 978-0-415-56273-7: £29.99 eBook: 978-0-203-84933-0 For more information, visit: www.routledge.com/9780415562737

Policies, Problems, Potential Edited by Wolfgang Benedek, Matthias C. Kettemann and Markus Möstl, all at University of Graz, Austria This volume looks at the practical implications of mainstreaming human security. It focuses on the potential, problems and policies of human security in crisis management in general, and on crisis management operations of the European Union and the United Nations in particular. Topics addressed by the contributors include human rights in post-conflict situations, democratizing’ crisis management, restorative responses to human rights violations by peacemakers, and human security in Serbia and Africa. Although many of the contributions to the book focus on mainstreaming human security in the EU context, the chapters discuss global issues and draw conclusions which are of relevance all over the world. Selected Contents: Introduction Part 1: Mainstreaming Human Security in Peace Operations and Crisis Management 1. Human Security Mainstreaming in United Nations and European Union Crisis Management Operations: Policies and Practice, Wolfgang Benedek 2. Neutrality and Impartiality in Implementing Human Rights: A Framework for Measuring Human Security, Andrej Zwitter Part 2: Mainstreaming Human Security in United Nations Peace Operations 3. Institutionalizing Human Rights in UN Peacekeeping Operations: Critique of the Status Quo – and a Call for a Human Rights Law Post Bellum, Sylvia Maus 4. Restorative Responses to Human Rights Violations by Peacekeepers: Enhancing Human Security? Paul Redekop 5. Human Security and Security Sector Reform: Conceptual Convergences in Theory and Practice, Fairlie Chappuis 6. Operationalization through Training: Human Security Training and Education for Peacebuilding, Arno Truger Part 3: Mainstreaming Human Security in the European Security and Defence Policy 7. The European Way of Promoting Human Security in Crisis Management Operations: A Critical Stocktaking, Markus Möstl 8. Six Years of Mainstreaming Human Rights into ESDP: A Success Story? Hadewych Hazelzet 9. The Civilian Response Team of the European Union: A European Contribution to Operationalizing Human Security in International Crisis Management? Irene Kaufmann Part 4: Case Studies in Mainstreaming Human Security 10. Operationalizing Human Security in Societies in Transition: A Case Study of Serbia, Dragana Duli? 11. From State to Human Security: Institutionalizing and Operationalizing Human Security in Africa, Mohammud A. Hussien Part 5: Conclusions A Roadmap towards Mainstreaming Human Security, Wolfgang Benedek, Matthias C. Kettemann and Markus Möstl September 2010: 234 x 156: 288pp Hb: 978-0-415-57402-0: £75.00 eBook: 978-0-203-84744-2 For more information, visit: www.routledge.com/9780415574020

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Nationalism and Global Justice

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David Miller and His Critics

Peacebuilding and Rule of Law in Africa

Propaganda, War Crimes Trials and International Law

Just Peace?

From Speakers’ Corner to War Crimes

Edited by Chandra Lekha Sriram, Olga Martin-Ortega and Johanna Herman, all at University of East London, UK

Edited by Predrag Dojcinovic, International Criminal Tribunal for the Former Yugoslavia

Edited by Helder De Schutter, Catholic University Leuven, Belgium and Ronald Tinnevelt, Radboud University Nijmegen, the Netherlands Previously published as a special issue of the Critical Review of Social and Political Philosophy, this collection brings together some of the most influential political contemporary philosophers to present a critical review of David Miller’s co-national priority thesis. Selected Contents: 1. David Miller’s Theory of Global Justice. A Brief Overview, Helder De Schutter and Ronald Tinnevelt 2. National Responsibility and Global Justice, David Miller 3. Human Rights and Equality in the Work of David Miller, Leif Wenar 4. Reasonable Partiality for Compatriots and the Global Responsibility Gap, Robert van der Veen 5. What do we owe others as a Matter of Global Justice and does National Membership Matter? Gillian Brock 6. National Responsibility, Reparations and Distributive Justice, Kok-Chor Tan 7. Collective Responsibility and National Responsibility, Roland Pierik 8. National and Statist Responsibility, Jacob T. Levy 9. Global Justice, Climate Change and Miller’s Theory of Responsibility, Margaret Moore 10. Global Justice as Justice for a World of Largely Independent Nations? From Dualism to a Multi-Level Ethical Position, Ronald Tinnevelt and Helder De Schutter 11. Global Justice in Complex Moral Worlds. Dilemmas of Contextualized Theories, Veit Bader 12. A Response, David Miller July 2010: 234 x 156: 216pp Hb: 978-0-415-42086-0: £75.00 For more information, visit: www.routledge.com/9780415420860

NEW

The Responsibility to Protect in Latin America A New Map Edited by Monica Serrano, Ralph Bunche Institute for International Studies, CUNY, USA and Claudio Fuentes, Diego Portales University, Santiago, Chile Series: Global Politics and the Responsibility to Protect This books assesses the opportunities for the normative and practical advancement of the Responsibility to Protect (R2P) in Latin America. Selected Contents: Introduction, Claudio Fuentes and Mónica Serrano Part 1: Mapping the Responsibility to Protect in Latin America 1. Argentina and the R2P: Foreign Policy and Human Rights, Carina Solmirano 2. Brazil, the R2P and the Shaping of Regional Order, Marcelo Biato Fortuna 3. Small Country, Big Challenges: R2P in Chile’s Foreign Policy, Claudio Fuentes 4. Costa Rica and R2P: Trailblazer or Mouthpiece of the North? Jorge A. Ballestero 5. Mexico and the R2P: From Non-Intervention to Active Engagement? Mónica Serrano and Diego Dewar 6. Guatemala: A Test-Case for the R2P? Manolo E. Vela Castañeda 7. Bolivia: Violence in Pando and the R2P, George Gray Molina and Gustavo Bonifaz 8. Colombia: A Free-Rider with a Vested Interest in the (Non)-Development of R2P? Diego Dewar and Annette Idler Part 3: Implementing the Responsibility to Protect 9. Preventing and Responding to Mass Atrocities: The Role of National Human Rights Institutions, Thomas Pegram 10. Developing R2P Regional Institutional Capacities, Thomas Legler 11. Latin American Responsibilities in Vulnerable States: The Case of Haiti, Mónica Hirst. Select Bibliography May 2011: 234 x 156: 224pp Hb: 978-0-415-78221-0: £75.00 For more information, visit: www.routledge.com/9780415782210

Complimentary Exam Copy

Series: Security and Governance ’This is a valuable volume from a wide range of scholars offering not just cogent analysis on challenges to the rule of law in vulnerable and post-conflict societies but also insightful policy recommendations. Scholars and practitioners equally will find it stimulating and useful.’ – David M. Malone, President, International Development Research Centre ’This timely and comprehensive book presents a thoughtful analysis of peace-building; the ’fourth pillar’ of international security. Combining perspectives from scholars and practitioners, the book offers new insight into the challenges and lessons of post-conflict reconstruction in Africa. It will be of wide interest to anyone who cares about the rule of law, global governance, and the future of a conflicted continent.’ – Alison Brysk, Professor, Political Science and International Studies, University of California, Irvine This text brings together expert practitioners and scholars in African politics, law, and conflict and peacebuilding to examine the expanding international efforts to promote rule of law in countries emerging from violent conflict, focusing specifically upon experiences in Africa. Selected Contents: 1. Promoting the Rule of Law: From Liberal to Institutional Peacebuilding, Chandra Lekha Sriram, Olga Martin-Ortega and Johanna Herman 2. Traditional Justice as Rule of Law in Africa: An Anthropological Perspective, Juan Obarrio 3. The Rule of Law in Liberal Peacebuilding Oliver Richmond 4. Rule of Law, Peacekeeping and the United Nations, Rob Pulver 5. (Re)creating the Rule of Law, Post Conflict, in Africa: From Constitutional Protections to Oversight Mechanisms, Muna Ndulo 6. Rule of Law in the Democratic Republic of Congo Pall Davidsson with Fríòa Thoroddsen 7. (Re)building the Rule of Law in Sierra Leone: Beyond the Formal Sector? Chandra Lekha Sriram 8. Narrowing Gaps in Justice: Rule of Law Programming in Liberia, Johanna Herman and Olga Martin-Ortega 9. Creating Demand in Darfur: Circling the Square, Sarah Maguire 10. The Anti-Politics of Transitional Justice: Lessons from Rwanda, Stephen Brown 11. Just Peace? Lessons Learned and Policy Insights, Chandra Lekha Sriram, Olga Martin-Ortega and Johanna Herman September 2010: 234 x 156: 280pp Hb: 978-0-415-57736-6: £75.00 eBook: 978-0-203-84849-4 For more information, visit: www.routledge.com/9780415577366

Propaganda, War Crimes Trials and International Law addresses the emerging jurisprudence and international law concerning propaganda in war crimes investigations and trials. The role of propaganda in the perpetration of atrocities has emerged as a central theme in the war crimes trials in the past century. The Nuremburg trials initially, and the International Criminal Tribunal for the former Yugoslavia and the International Criminal Tribunal for Rwanda currently, have all substantially contributed to the development of international law in this respect. Investigating and exploring the areas between lawful and unlawful propaganda, they have dealt with specific mechanisms and consequences of the phenomenon within the perspective and framework of their international legal mandates. But the cultural codes and argots through which propaganda operates have vexed international courts struggling to assign responsibility to the instigators of mass crimes, as subtle, but potentially fatal, communications often remain undetected, misinterpreted or even dismissed as entirely irrelevant. With contributions from leading international scholars and legal practioners, Propaganda, War Crimes Trials and International Law pursues a comparative approach to this problem: providing an overview of the current state of the theory of propaganda in the social sciences; exploring this theory in the legal analysis of war crimes and related proceedings; and, finally, offering a study of the prosecution of propaganda-related crimes in international law, and the newly emerging jurisprudence of war crimes propaganda cases. Selected Contents: Introduction Part 1: Propaganda from ’Speakers’ Corner’ to War Crimes 1. The New Media, Modern Warfare, Mind-Engineering and New Propaganda Paradigms, Nenad Fiser 2. Towards a Cognitive Linguistic Approach to the Criminal Analysis of Open Source Evidence in War Crimes Investigations, Predrag Dojcinovic 3. A Legal Analysis of Propaganda-Related Evidence and the Formulation of Charges Based on International Law, the ICTY and ICTR Statutes, Existing Jurisprudence and Other Relevant Documents, Dan Saxon Part 2: Propaganda, the War Crimes Trials and International Law 4. A Methodology of Writing an Expert Report on Propaganda for a War Crimes Case and Personal Reflections on the Presentation of an Expert Report before the Trial Chamber, the Prosecution and the Defense, Anthony Oberschall 5. A Comparative Legal Analysis of the Use of Film and Other Visual Documentary Material by the Prosecution at the ICTY, ICTR, the Nuremberg and Other Historical War Crimes Trials, Lawrence Douglas 6. A Legal Analysis and Evaluation of the Presentation of Propaganda Cases and Related Jurisprudence Emerging from Past and Ongoing War Crimes Trials, Michael G. Kearney. Conclusion October 2011: 234 x 156: 192pp Hb: 978-0-415-57959-9: £75.00 For more information, visit: www.routledge.com/9780415579599

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labour and e m p loy m e n t l aw NEW

NEW

The Routledge Handbook of Human Security

Sedition and Violence against the State

Edited by Mary Martin, Centre for Global Governance, London School of Economics, UK and Taylor Owen, Oxford University, UK

Free Speech and Counter-Terrorism

This Handbook will serve as a standard reference guide to the subject of human security, which has grown greatly in importance over the past fifteen years, since the concept was first promoted by the UNDP in its 1993 and 1994 Human Development Reports. Selected Contents: Introduction Part 1: Concepts and Contexts 1. Birth of a Discourse 2. Filling the Security Gap – HS vs HR vs Human Development 3. Broad or Narrow: The Definition Debate 4. The Critical View of Human Security 5. From Competition to Convergence: Human and National Security Part 2: Global Policy Challenges 6. Violence and Conflict 7. Development/Poverty 8. Disasters 9. Environment 10. Economics and Human Security 11. Health Part 3: Applications 12. Canada and Human Security 13. Japan 14. European Union 15. African Union 16. US – Rethinking Counter Insurgency 17. Asia 18. Changing Violence in Latin America Part 4: Methodologies and Tools 19.Indicators – Sally Stares 20. Mapping 21. The Use of Force 22. International Law 23. Gendering Human Security 24. Psychology July 2011: 246 x 174: 384pp Hb: 978-0-415-58128-8: £110.00 For more information, visit: www.routledge.com/9780415581288

NEW

Routledge Handbook of the Responsibility to Protect Edited by W. Andy Knight, University of Alberta, Canada and Frazer Egerton This Handbook offers a comprehensive examination of the Responsibility to Protect norm in world politics, which aims to end mass atrocities against civilians. Selected Contents: Introduction, W. Andy Knight and Frazer Egerton Part 1: The Concept of R2P 1. From Sovereign Responsibility to R2P, Roberta Cohen 2. The Responsibility to Prevent Sheri Rosenberg 3. The Responsibility to React, Romeo Dallaire 4. The Responsibility to Rebuild Jarat Chopra 5. The Journey within the Organisation: The Evolution of R2P and the United Nations, Mónica Serrano 6. NGOs and the Normative Architecture of the Responsibility to Protect, Mohamed Sahnoun 7. The Promise and Achievements of R2P Gareth Evans and Frazer Egerton 8. The Limits of R2P, David Chandler Part 2: Developing and Operationalising R2P 9. The Unfinished Business of R2P, Lloyd Axworthy and Alan Rock 10. Who Speaks for Whom? R2P and the Question of Authority and Thresholds for Action, Nicholas Wheeler and Grant Dawson 11. Who Should Act? Collective Responsibility and R2P, Jennifer Welsh 12. R2P and Natural Disasters, Joanna Harrington 13. Gender and the Responsibility to Protect Jennifer Bond and Laurel Sherret 14. R2P and Protecting Children in Conflict Zones Shelly Whitman 15. The Need for Leadership, Mary Ellen O’Connell 16. Mobilising the Troops: Generating the Political will to Act, Tom Keating Part 3: The View from over Here 17. South Asia and R2, Ramesh Thakur 18. R2P in the Asia Pacific, Alex Bellamy 19. Latin America and R2P, Stephen Baranyi 20. West Africa and R2P, Kwesi Aning and Samuel Atuobi 21. R2P and the Horn of Africa, Afyare Abdi Elmi 22. R2P in the Middle East, Mojtaba Mahdavi. Conclusion, W. Andy Knight and Frazer Egerton April 2011: 246 x 174: 432pp Hb: 978-0-415-60075-0: £125.00 For more information, visit: www.routledge.com/9780415600750

Sarah Sorial, University of Wollongong, Australia Sedition refers to the uttering or writing of words intended to bring the sovereign state into hatred or contempt, to urge disaffection against the Constitution or democratically elected government, or the attempt to procure change in government by unlawful means. Modern sedition laws, such as those enacted in Australia, the United Kingdom, the United States and The Council of Europe target types of speech advocating violence against the state, in the form of religious sermons preaching violent jihad or glorifying acts of terrorism, although they have the potential to cover much more than this. For this reason, the modernisation of sedition laws renewed debate about the status of free speech and religious expression in a time of so-called terror. This book will look at the issue of sedition by providing an explanatorily account of the relation between speech and action using speech act theory as developed by J.L. Austin and applying this to the task of developing a defence of freedom of speech as a qualified right. This book contributes to the debate over the contested status of freedom of speech that sedition laws give rise to by filling in the explanatory gaps in our current understanding of the value of free speech as a qualified right. It provides arguments that go beyond the traditional parameters of the debate by exploring, in significant detail, the ways in which speech is also conduct, the ways in which it can harm the social interest, and why, for these reasons, sedition might be defensible, but also suggest ways in which their scope could be limited to ensure that such laws are not open to abuse. Selected Contents: 1. Introduction 2. The Regulation of Speech Advocating Terrorism: A Legislative Overview 3. The Liberal Critique of Terror Laws 4. Can Saying Something Make it So? The Relation between Speech and Conduct 5. The Nature of Seditious Harm 6. Free Speech and Autonomy 7. The ‘Marketplace of Ideas’ and Belief Formation 8. Legal Implications 9. Conclusion August 2011: 234 x 156: 256pp Hb: 978-0-415-56515-8: £75.00 For more information, visit: www.routledge.com/9780415565158

Labour and Employment Law NEW

Gender Equity and Institutional Transformation Advancing Change in Higher Education Diane Bilimoria and Xiangfen Liang, both at Case Western Reserve University, USA Series: Routledge Studies in Management, Organizations and Society Gender Equity and Institutional Transformation offers a complete account of successful approaches to increase the participation and success of women in academia. Providing a comprehensive, stand-alone source of data on the specific organizational change initiatives undertaken at universities targeting the increased participation and advancement of women faculty in academic STEM, this volume documents the outcomes and effectiveness of these transformation efforts to advance the recruitment, advancement and leadership of women faculty. The authors include discipline-specific analyses of the initiatives, and propose an empiricallyderived model of organizational change to serve as a template to academic and other organizations seeking transformation related to diversity, equity, and inclusion. Selected Contents: 1. Introduction 2. State of Knowledge about Women in Academic Science and Engineering 3. Methods and Sample 4. Factors Facilitating Institutional Transformation 5. Institutional Transformational Initiatives 6. Institutionalization of Transformation: New Structures, Policies, Practices, and Programs 7. Gender Equity Outcomes: Changes in the Recruitment, Advancement, and Leadership of Women Faculty 8. Gender Equity Outcomes within Disciplines 9. Conclusions: A Model of Gender Equity Related Institutional Transformation April 2011: 229 x 152: 240pp Hb: 978-0-415-88562-1: £70.00 For more information, visit: www.routledge.com/9780415885621

NEW NEW

Sri Lanka and the Responsibility to Protect Politics, Ethnicity and Genocide Damien Kingsbury, Deakin University, Australia Series: Global Politics and the Responsibility to Protect This book is about the issues and challenges facing the implementation of the Responsibility to Protect (R2P) principle in the case of Sri Lanka, where the Tamil Tigers have been fighting to create a separate state. Selected Contents: 1. The Meaning and Application of R2P 2. Politics and Ethnicity 3. The War in Sri Lanka 4. Competing Nationalisms 5. Total War 6. Cultural Dominance or Cultural Genocide? 7. Sri Lanka and International Law 8. Sri Lanka’s Opposition to R2P 9. Geo-Strategic Factors, R2P and Sri Lanka. Conclusion September 2011: 234 x 156: 208pp Hb: 978-0-415-58884-3: £75.00 For more information, visit: www.routledge.com/9780415588843

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Labor Law A Basic Guide to the National Labor Relations Act David E. Strecker, Strecker & Associates, Tulsa, Oklahoma, USA Whether you are a supervisor, a business owner, or an HR professional, it is essential that you understand the laws and rules governing how one treats employees and interacts with unions. This book deals with private sector labor law arising under the National Labor Relations Act. It provides a brief history of labor law in the United States before providing extensive information on the laws and regulations governing unions. Selected Contents: Introduction to Labor and Employment Law. A Brief History of Labor And Employment Law in the United States. Labor Law: Dealing with Labor Unions and the National Labor Relations Act. Living with a Union. Introduction to a Collective Bargaining Agreement. Grievances. Labor Arbitration. Unfair Labor Practice Proceedings. Strikes and Lockouts February 2011: 235 x 156: 216pp Hb: 978-1-4398-5594-2: £49.99 For more information, visit: www.routledge.com/9781439855942

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Reworking the Relationship between Asylum and Employment Penelope Mathew, Australian National University, Australia This book examines the extent to which the right to work for refugees and asylum-seekers is protected by international human rights law. This book explores the legal position looking at the International Covenant on Economic, Social and Cultural Rights as well as the International Convention on the Elimination of All Forms of Racial Discrimination. The book also considers whether countries are prevented under customary international law and its prohibition against torture, and other cruel, inhuman or degrading treatment, from consigning refugees and asylum-seekers to destitution through discriminatory denial of the rights to social support and work. The book argues that both refugees and asylum-seekers have the human right to work, and situates the law in the context of broader economic, philosophical and political debates about sovereign control of immigration and the right to work. Selected Contents: 1. Introduction 2. The Right to Work 3. Migration in Search of Work and the Sovereign Prerogative over Entry 4. The Refugee Convention and the Right to Work For Refugees ‘Lawfully Staying’ 5. The ICESR and the Right to Work for Asylum-Seekers 6. Other International and Regional Treaties Protecting the Right to Work 7. Other Human Rights that Incorporate the Right to Work 8. Conclusions March 2011: 234 x 156: 192pp Hb: 978-0-415-58079-3: £75.00 For more information, visit: www.routledge.com/9780415580793

NEW IN 2012

Self-Realization and Justice A Liberal-Perfectionist Defense of the Right to Freedom from Employment Julia Maskivker, Rollins College, USA Series: Routledge Studies in Contemporary Philosophy In this book, Maskivker argues that there ought to be a right not to participate in the paid economy in a new way; not by appealing to notions of fairness to competing conceptions of the good, but rather to a contentious (but defensible) normative ideal, namely, self-realization. In so doing, she joins a venerable tradition in ethical thought, initiated by Aristotle and developed in the work of important eighteenth and nineteenth century thinkers including Smith, Hume, and Marx. The book engages on-going debates (in both philosophical and real world political and social policy circles) about the provision of basic income grants, necessary to make the possibility of self-realization real for all. Selected Contents: 1. Introduction 2. Self-Realization and Justice 3. The Metric of Justice and Self-Realization 4. The Justice of Free-Riding and Welfare Goods 5. The Right to Opt out of Work as a Corollary of Equal Access to Self-Realization January 2012: 229 x 152: 224pp Hb: 978-0-415-88918-6: £75.00 For more information, visit: www.routledge.com/9780415889186

Complimentary Exam Copy

land , p ro p e rt y a n d p l a n n i n g

Land, Property and Planning

Comparative Perspectives on Communal Lands and Individual Ownership

NEW

Edited by Lee Godden and Maureen Tehan, both at University of Melbourne, Australia

Aboriginal Customary Law

A Source of Common Law Title to Land Ulla Secher, James Cook University, Australia Aboriginal Customary Law remedies a deficiency which presently impedes the study of Aboriginal land rights: there is no comprehensive work addressing the potential legal consequences for Aboriginal rights to land, beyond recognition of native title, ensuing from acknowledgement of the Crown’s radical title. In addressing the potential legal consequences, beyond recognition of native title, two interwoven theses are propounded: the first is the applicability, in the context of inhabited settled colonies, of a modified doctrine of reception. The second is that, contrary to the received view, the Crown’s radical title does not automatically confer full beneficial ownership of unalienated land in Australia where such land is not subject to native title. The consequence of these two theses is that Aboriginal customary law can amount to an independent source of common law title to land and, thus, an alternative to native title. Selected Contents: Introduction Part 1: Australian Land Law and the Meaning of Radical Title Pre-Mabo 1. The Origin and Application of the Doctrine of Absolute Crown Ownership in Australia: The Common Law 1788-1992 2. The Meaning of Radical Title Pre-Mabo Part 2: The Doctrine of Tenure in Post-Mabo Australian Jurisprudence 3. The Australian Doctrine of Tenure Post-Mabo: Radical Title as the Postulate of the Australian Doctrine of Tenure Part 3: The Meaning of Radical Title in Post-Mabo Australian Jurisprudence 4. The Meaning of Radical Title Post-Mabo: Radical Title as Both the Postulate of the Doctrine of Tenure and a Concomitant of Sovereignty Part 4: The Practical Implications of the Crown’s Radical Title 5. Aboriginal Customary Law: A Non-Derivative Source of Common Law Title to Land (Common Law Aboriginal Title Mark II) 6. Aboriginal Customary Law Title: Implications for New Zealand 7. Aboriginal Customary Law Title: Implications for Canada June 2011: 234 x 156: 256pp Hb: 978-0-415-44164-3: £75.00 eBook: 978-0-203-94073-0 For more information, visit: www.routledge.com/9780415441643

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Sustainable Futures

Comparative Perspectives on Communal Lands and Individual Ownership: Sustainable Futures is a specially organized collection of critical debates, analyses and evaluations of changing models of property as the vehicle governing access to land and resources. These trends are explored in the context of current moves across many countries to privatize communal land holdings, and the collection comprises international analyses in conjunction with case studies – each of which explores an aspect of the broader themes of property, privatization, and sustainable communities – drawn from Australia, North America, South Africa, New Zealand, Sub-Saharan Africa and the Pacific region. Selected Contents: Introduction: A Sustainable Future for Communal Lands, Resources and Communities, Lee Godden and Maureen Tehan Section 1: Situating Sustainable Futures – Challenges for Communal Land and Resources 1. Managing Social Tenures, Jude Wallace 2. Social Justice, Communal Lands and Sustainable Communities, Tom Calma 3. The Estate as Duration: ’Being in Place’ and Aboriginal Property Relations in Areas of Cape York Peninsula in North Australia, Marcia Langton Section 2: Trends towards Individual Title – History and Context 4. You Can’t Always Get what you Want: Economic Development on Indigenous Individual and Collective Titles in North America: What Land Tenure Models are Relevant to Australia? Margaret Stephenson 5. Individualisation – An Idea whose Time Came, and Went: The New Zealand Experience, Richard Boast 6. One Step Forward, Two Steps Back: Peru’s Approach to Indigenous Land and Resources and the Law, Lila Barrera-Hernández 7. Lessons from the Cape: Beyond South Africa’s Transformation Act, Juanita M. Pienaar Section 3: Recognition of Communal Lands – Processes and Pressures 8. Beyond ‘Richtersveld’: The Judicial Take on Restitution of Communal Land Rights in South Africa, Hanri Mostert 9. Land, Environmental Management, and the New Governance in Burkina Faso, Simon Batterbury 10. Management of Customary Land as a Form of Communal Property in Solomon Islands, Vanuatu and Fiji, Joseph Foukona 11. The Act that almost was: The Fijian Qoliqoli Bill 2006, Shaunnagh Dorsett Section 4: Issues for Communal Lands and Resources in Australia 12. Spatial Technologies, Mapping and the Native Title Process, Peter Bowen 13. Discrimination as a cause of Poverty in Aboriginal Communities: Measuring Implementation of the Right to Non-Discriminatory and Equitable access to Health Care Services of Aboriginal and Torres Strait Islander Peoples, Clancy Kelly 14. Customary Land Tenure, Communal Titles and Sustainability: The Allure of Individual Title and Property Rights in Australia, Maureen Tehan Section 5: Conclusion: Communal Governance of Land and Resources as a Sustainable Institution Lee Godden February 2010: 234 x 156: 416pp Hb: 978-0-415-45720-0: £85.00 eBook: 978-0-203-84811-1 For more information, visit: www.routledge.com/9780415457200

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l aw, g e o g r a p h y a n d t h e e n v i ro n m e n t

Law, Geography and the Environment

NEW

NEW

Environmental Governance in Europe and Asia

Law and Ecology

A Comparative Study of Institutional and Legislative Frameworks

Edited by Andreas Philippopoulos-Mihalopoulos, University of Westminster, London, UK

Jona Razzaque, University of the West of England, UK

Series: Law, Justice and Ecology

NEW

Series: Routledge Research in International Environmental Law

International Law and the Conservation of Coral Reef Ecosystems

Both developed and developing countries in Asia, in the name of economic development, are following, to a large extent, the same potentially environmentally destructive path their European counterparts took in the past. The rapid changes in economic, social and political life have enormous impact on Asia’s ecosystems and resources. The key to the environmental future of these two regions lies in the evolution of the character of governance – the ensemble of social ethics, public policies and institutions which structure how governments and the civil society interact with the environment.

Edward Goodwin, University of Leicester, UK Series: Routledge Research in International Environmental Law Coral reefs are important ecosystems which are increasingly threatened by pollution, climate change and habitat change. Coral reefs are economically important to coastal communities living in predominantly developing countries, and also provide shoreline protection, catalyse land formation enabling human habitation, act as a carbon sink and are a repository for genetic and species diversity rivalling tropical rainforests. In the face of mounting man-made pressure, these ecosystems increasingly need action to be taken to ensure their conservation and long term sustainable development. This book breaks new ground by providing the first in-depth account of the ways in which multilateral environmental treaty regimes are seeking to encourage and improve the conservation of warm-water coral reef ecosystems. In so doing, the work aims to raise the profile of such activities in order to reinforce their status on the environmental agenda. The book also has wider implications for the international environmental law project, arguing that sectorial legal action, provided it remains co-ordinated through a global forum which recognises and reflects the inter-connections between all elements of the natural environment, is the most practically effective way for international law to enhance conservation of habitats. Selected Contents: Part 1: Preliminaries 1. Introduction Part 2: Coral Reef Ecosystems and Their Protection 2. Marine Biology and Coral Reefs 3. For Richer, For Poorer 4. Conservation Strategies and Marine Protected Areas Part 3: The Role of International Law 5. International Law: An Introduction to the Core of this Study 6. The Law of the Sea Convention and the Regional Seas Agreements 7. The Convention on Biological Diversity 8. The Convention on Wetlands of International Importance, Especially As Waterfowl Habitat 9. The World Heritage Convention 10. The Convention on the Conservation of Migratory Species of Wild Animal 11. Conclusions

This book looks at environmental governance in both Asia and Europe and offers a comparative analysis of the two regions in order to provide a better understanding of the concept of ‘environmental governance’ and its status in Europe and Asia. The book assesses the legislative, institutional and participatory mechanisms which affect the overall development of environmental governance, and analyses current issues, concerns and strategies in respect of environmental governance at the local, national, and international levels. This book will be valuable to scholars and students of environmental politics, EU and Asian studies, public policy, environmental law, and to decision-makers and policy-analysts. Selected Contents: 1. Introduction 2. Influence of International Environmental Governance on Europe and Asia 3. Concepts, Approaches and Models of Environmental Governance in Europe and Asia 4. Actors and Institutions Involved in Europe and Asia 5. Two Thematic Studies: Water and Biodiversity 6. Conclusions: Lessons Learned and Way Forward July 2011: 234 x 156: 256pp Hb: 978-0-415-49654-4: £75.00 For more information, visit: www.routledge.com/9780415496544

New Environmental Foundations

Law and Ecology: New Environmental Foundations contains a series of theoretical and applied perspectives on the connection between law and ecology, which together offer a radical and socially responsive foundation for environmental law. While its legal corpus grows daily, environmental law has not enjoyed the kind of jurisprudential underpinning generally found in other branches of law. This book forges a new ecological jurisprudential foundation for environmental law – where ‘ecological’ is understood both in the narrow sense of a more ecosystemic perspective on law, and in the broad sense of critical self-reflection of the mechanisms of environmental law as they operate in a context where boundaries between the human and the non-human are collapsing, and where the traditional distinction between ecocentrism and anthropocentrism is recast. Addressing current debates, including the intellectual property of bioresources; the protection of biodiversity in view of tribal land demands; the ethics of genetically modified organisms; the redefinition of the ’human’ through feminist and technological research; the spatial/ geographical boundaries of environmental jurisdiction; and the postcolonial geographies of pollution – Law and Ecology redefines the way environmental law is perceived, theorised and applied. It also constitutes a radical challenge to the traditionally human-centred frameworks and concerns of legal theory. Selected Contents: 1. Looking for the Space between Law and Ecology, Andreas Philippopoulos-Mihalopoulos 2. Towards a Critical Environmental Law, Andreas Philippopoulos-Mihalopoulos 3. Foucauldian Inspired Discourse Analysis: A Contribution to Critical Environmental Law Scholarship?, Bettina Lange 4. The Ecological Narrative of Risk and the Emergence of Toxic Tort Litigation, Jo Goodie 5. The Precautionary Principle: Practical Reason, Regulatory Decision-Making and Judicial Review in the Context of Functional Differentiation, John Paterson 6. Biotechnology as Environmental Regulation, Alain Pottage 7. Perspectives on Environmental Law and the Law Relating to Sustainability: A Continuing Role for Ecofeminism?, Karen Morrow 8. Animals and the Future Salvation of the World, Piyel Haldar 9. Seeking Spacial and Environmental Justice for People and Places Within the EU, Antonia Layard and Jane Holder 10. Heterotopias of the Environment: Law’s Forgotten Spaces, Andreas Kotsakis 11. Deleuze and the Defence of Nature, Mark Halsey March 2011: 234 x 156: 240pp Hb: 978-0-415-58713-6: £75.00 eBook: 978-0-203-82969-1 For more information, visit: www.routledge.com/9780415587136

May 2011: 234 x 156: 256pp Hb: 978-0-415-48980-5: £75.00 For more information, visit: www.routledge.com/9780415489805

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Lawscape Property, Environment, Law Nicole Graham, University of Technology, Sydney, Australia

Lawscape: Property, Environment, Law considers the ways in which property law transforms both natural environments and social economies. Addressing law’s relationship to land and natural resources through its property regime, Lawscape engages the abstract philosophy of property law with the material environments of place. Whilst most accounts of land law have contributed cultural analyses of historical and political value predominantly through the lens of property rights, few have contributed analyses of the natural consequences of property law through the lens of property responsibilities. Lawscape does this by addressing the relationship between the commodification of land, instituted in and by property law, and ecological and economic histories. Its synthesis of property law and environmental law provides a genuinely transdisciplinary analysis of the particular cultural concepts and practices of land tenure that have been created, and exported, across the globe.

Selected Contents: Foreword: Alain Pottage 1. Introduction 2. Conceptual Origins 3. Material Origins: Practices Nation 4. Material Origins: Empire 5. Conceptual Developments 6. Contemporary Practices July 2010: 234 x 156: 240pp Hb: 978-0-415-47559-4: £75.00 eBook: 978-0-203-84716-9 For more information, visit: www.routledge.com/9780415475594

NEW

Marine Environmental Governance From International Law to Local Practice Erika Techera, Macquarie University, Australia Marine Environmental Governance: From International Law to Local Policy considers the relationship between international environmental law and community-based conservation in the protection of marine areas. Focusing on small island states, in which indigenous populations have to a large extent continued to maintain traditional lifestyles, this book takes up the question of how indigenous customary law and state-based legislation can be reconciled in the implementation of international environmental law. Based upon a range of case studies, and detailed comparative analysis, it pursues an interdisciplinary approach to legal pluralism ’in practice’ that will of considerable interest to environmental lawyers, legal anthropologists, conservation biologists and those working in the area of community-based conservation. Selected Contents: 1. Introduction 2. Global Sustainable Development: Theory, Practice and Law 3. Marine Environmental Law, Fisheries and Small Island States 4. Communities and Conservation 5. The Role of Environmental Law in Post-Colonial Societies 6. Legal Approaches to Community-Based Marine Management 7. Case Studies 8. Comparative Analysis 9. The Way Forward

The Spatial, the Legal and the Pragmatics of World-Making

Water Law for the Twenty-First Century

Nomospheric Investigations

National and International Aspects of Water Law Reform in India

David Delaney, Amherst College, USA

Critical legal geography is practised by an increasing number of scholars in various disciplines, but it has not had the benefit of an overarching theoretical framework that might overcome its currently rather ad hoc character. The Spatial, the Legal and the Pragmatics of World-Making remedies this situation. Presenting a balanced convergence of contemporary socio-legal and critical geographic scholarship, David Delaney offers a ground-breaking contribution to the fast growing field of legal geography. Drawing on strands of critical social studies that inform both of these areas, this book has three primary components. First, it introduces a framework of interpretation and analysis centred on the productive neologisms ‘nomosphere’ and ‘nomoscapes’. Nomosphere refers to the cultural-material environs that are constituted by the reciprocal materialization of ‘the legal’ and the legal signification of the ‘socio-spatial’. Nomoscapes are the spatio-legal expression and the socio-material realization of ideologies, values, pervasive power orders and social projects. They are extensive ensembles of legal spaces within and through which lives are lived and, here, these neologisms are related to the more familiar notions of governmentality and performativity. Second, these neologisms are explored and applied through a series of illustrations and extensive case studies. Demonstrating their utility for scholars and students in relevant disciplines, these ‘empirical’ studies concern: the public and the private; property and land tenure; governance; the domestic and the international; and legal-spatial confinements and containments. Third, these studies contribute to an ongoing theorization of the experiential, situated pragmatics of ‘world-making’. The role of nomospheric projects and counter-projects, techniques and operations is therefore emphasized. Much of what is experientially significant about how the world is as it is and what it’s like to be in the world directly implicates the dynamic interplay of space, law, meaning and power. The Spatial, the Legal and the Pragmatics of World-Making provides the interpretive resources necessary for discerning and understanding the practices and projects involved in this interplay. Selected Contents: 1. Welcome to the Nomosphere 2. Nomospheric Situations 3. Nomospheric Settings 4. Nomoscapes 5. Nomospheric Projects 6. Nomospheric Techniques June 2010: 234 x 156: 224pp Hb: 978-0-415-46319-5: £75.00 eBook: 978-0-203-84910-1 For more information, visit: www.routledge.com/9780415463195

Edited by Philippe Cullet, School of Oriental and African Studies, University of London, UK, Alix Gowlland-Gualtieri, Roopa Madhav and Usha Ramanathan, Centre for the Study of Developing Societies, India In the face of growing freshwater scarcity, most countries of the world are taking steps to conserve their water and foster its sustainable use. Water crises range from concerns of drinking water availability and/or quality, the degradation or contamination of freshwater, and the allocation of water to different users. To meet the challenge, many countries are undergoing systemic changes to the use of freshwater and the provision of water services, thereby leading to greater commercialization of the resource as well as a restructuring of the legal, regulatory, technical and institutional frameworks for water. The contributions to this book critically analyse legal issues arising under international law, such as environment and human rights provisions, concerning the economic, environmental and social consequences of proposed water regulatory changes and their implementation at the national level. The book examines the situation in India which is currently in the midst of implementing several World Bank led water restructuring projects which will have significant impacts on the realisation of the right to water and all other aspects of water regulation for decades to come. In analysing the situation in India the volume is able to detail the interactions between international law and national law in the field of water, and to ask broader questions about the compliance with international law at the national level and the relevance of international law in national law and policy-making. Selected Contents: 1. Introduction, Philippe Cullet, Alix Gowlland-Gualtieri and Roopa Madhav Part 1: Background and Historical Development 2. An Overview of Common Trends in the Water Legislation of Selected Jurisdictions, Andrés Olleta 3. International Aspects of Water Law Reforms, Irina Zodrow 4. Legal Implications of Trade in ‘Real’ and ‘Virtual’ Water Resources, Alix Gowlland-Gualtieri 5. The Role of the World Bank in Water Law Reforms, Andrés Olleta Part 2: Water Law Reforms in India 6. Context for Water Sector and Water Law Reforms in India, Roopa Madhav 7. Institutional Reforms for Water, Priya Sangameswaran and Roopa Madhav 8. Drinking Water Reforms, Philippe Cullet 9. Legal Regime Governing Groundwater, Sujith Koonan 10. Law and Policy Reforms for Irrigation, Roopa Madhav Part 3: Human Rights, Social, Health and Environmental Aspects 11. International Human Rights Aspects of Water Law Reforms, Alix Gowlland Gualtieri 12. Water Sector Reforms and Principles of International Environmental Law, David Takacs 13. Water, Health and Water Quality Regulation, Sujith Koonan and Adil Hasan Khan 14. Final Remarks, Philippe Cullet, Alix Gowlland-Gualtieri and Roopa Madhav 2009: 234 x 156: 352pp Hb: 978-0-415-47753-6: £75.00 eBook: 978-0-203-86776-1 For more information, visit: www.routledge.com/9780415477536

September 2011: 234 x 156: 240pp Hb: 978-0-415-61910-3: £75.00 For more information, visit: www.routledge.com/9780415619103

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Law, Globalization and International Development Law, Development and Globalization NEW

Governance through Development Poverty Reduction Strategies, International Law and the Disciplining of Third World States Celine Tan, University of Birmingham, UK Governance through Development locates the Poverty Reduction Strategy Paper (PRSP) framework within the broader context of international law and global governance, exploring its impact on third world state engagement with the global political economy and the international regulatory norms and institutions which support it. The PRSP framework has replaced the controversial structural adjustment programmes, as the primary mechanism through which official development financing is channelled to low-income developing countries. It has changed the regulatory landscape of international development financing, signalling a wider paradigmatic shift in the cartography of aid and, consequently, in the nature of north-south relations. Governance through Development documents and analyses this change within the legacy of postcolonial economic relations, revealing the wider legal, economic and geo-political significance of the PRSP framework. Celine Tan argues that the PRSP framework establishes a new regulatory regime that builds upon the disciplinary project of structural adjustment by embedding neoliberal economic conditionalities within a regime of domestic governance and public policy reform. The book will be of interest to scholars, researchers and students of law, political science and international relations, sociology and development studies. Selected Contents: 1. Introduction 2. PRSPs in Postcolonial International Law and Global Governance 3. PRSPs and the Crisis of Legitimacy in the International Order 4. Ownership as Conditionality: PRSPs and the Evolution of Conditional Financing 5. Reforming the Nation State: PRSPs and Rehabilitated Adjustment 6. Redesigning the Political Project: Discipline and Legitimation through Participatory Policymaking 7. Consolidation and Conclusion: PRSPs, Transnational Governance and Globalized Legal Regimes February 2011: 234 x 156: 280pp Hb: 978-0-415-49554-7: £75.00 eBook: 978-0-203-83458-9 For more information, visit: www.routledge.com/9780415495547

Global Perspectives on the Rule of Law

Law in the Pursuit of Development

Edited by James J. Heckman, University of Chicago, USA, Robert L. Nelson, Northwestern University, USA and Lee Cabatingan, American Bar Foundation, USA

Principles into Practice?

Global Perspectives on the Rule of Law is a collection of original research on the rule of law from a panel of leading economists, political scientists, legal scholars, sociologists and historians. The chapters critically analyze the meaning and foundations of the rule of law and its relationship to economic and democratic development, challenging many of the underlying assumptions guiding the burgeoning field of rule of law development. The combination of jurisprudential, quantitative, historical/comparative, and theoretical analyses seeks to chart a new course in scholarship on the rule of law: the volume as a whole takes seriously the role of law in pursuing global justice, while confronting the complexity of instituting the rule of law and delivering its promised benefits. Global Perspectives on the Rule of Law offers a unique combination of jurisprudential and empirical research that will be provocative and relevant to those who are attempting to understand and advance the rule of law globally. The chapters progress from broad questions regarding current rule of development efforts and the concept of rule of law to more specific issues pertaining to economic and democratic development. Specific countries, such as China, India, and seventeenth century England and the Netherlands, serve as case studies in some chapters, while broad global surveys feature in other chapters. Indeed, this impressive scope of research ushers in the next generation of scholarship in this area. Selected Contents: Global Perspectives on the Rule of Law: A Preface and an Introduction, Robert L. Nelson and Lee Cabatingan Part 1: Assessing Rule of Law Development 1. Rule of Law Temptations, Thomas Carothers 2. Why Developing Countries Prove So Resistant to the Rule of Law, Barry R. Weingast Part 2: Global Justice and the World Community 3. Global Justice, Amartya Sen 4. The Rule of Law in Islamic thought and Practice: A Historical Perspective, Timur Kuran Part 3: Rule of Law and Economic Development 5. The Viability of the Welfare State, James J. Heckman 6. Comparing Legal and Alternative Institutions in Finance and Commerce, Franklin Allen and Jun ’QJ’ Qian 7. Law, Finance, and the First Corporations, Ron Harris Part 4: Rule of Law and Political Development 8. The Politics of Courts in Democratization, Thomas Ginsburg 9. Principled Principals in the Founding Moments of the Rule of Law, Margaret Levi and Brad Epperly 10. The Fight for Basic Legal Freedoms: Mobilization by the Legal Complex, Terence C. Halliday 11. Social Norms, Rule of Law, and Gender Reality: An Essay on the Limits of the Dominant Rule of Law Paradigm, Katharina Pistor, Antara Haldar and Amrit Amirapu 12. Constitutionalism and the Challenge of Ethnic Diversity, Yash Ghai 2009: 234 x 156: 358pp Hb: 978-0-415-49955-2: £80.00 Pb: 978-0-415-58959-8: £27.99 eBook: 978-0-203-87059-4 For more information, visit: www.routledge.com/9780415589598

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Edited by Amanda Perry Kessaris, Birkbeck University of London, UK

Law in the Pursuit of Development critically explores the relationships between contemporary principles and practice in law and development. Including papers by internationally renowned, as well as emerging, scholars and practitioners, the book is organized around the three liberal principles which underlie current efforts to direct law towards the pursuit of development. First, that the private sector has an important role to play in promoting the public interest; second, that widespread participation and accountability are essential to any large scale enterprise; and third, that the rule of law is a fundamental building block of development. This insightful and provocative collection, in which contributors critique both the principles and efforts to implement them in practice, will be of considerable interest to students, academics and practitioners with an interest in the fields of law and development, international economic law, and law and globalization.

Selected Contents: 1. Introduction, Amanda Perry-Kessaris 2. Political Consumption: Possibilities and Challenges, Sally Wheeler 3. Engendering Responsibility in Global Markets: Valuing the Women of Kenya’s Agricultural Sector, Ann Stewart 4. Access to Medicines Versus Protection of ‘Investments’ in Intellectual Property: Reconciliation through Interpretation? Valentina Sara Vadi 5. Development, Cultural Self-Determination and the World Trade Organization, Fiona Macmillan 6. Liberalisation and Environmental legislation in India, Kanchi Kohli and Manju Menon 7. Accountability Mechanisms of Multilateral Development Banks: Powers, Complications, Enhancements Suresh Nanwani 8. Community Participation in Biodiversity Conservation: Emerging Localities of Tension, Andreas Kotsakis 9. Stock Exchanges in East Africa: Something Borrowed, Something New? June McLaughlin 10. Rule of Law Assistance Discourse and Practice: Japanese Inflections, Veronica Taylor 11. Rule of Law or Washington Consensus: The Evolution of the World Bank’s Approach to Legal and Judicial Reform, Julio Faundez 12. With Friends Like These: Can Multilateral Development Banks Promote Institutional Development to Strengthen the Rule of Law?, Linn Hammergren 13. World Bank Rule of Law Assistance in Fragile States: The End of the Beginning or the Beginning of the End? Klaus Decker 14. Assessing the Socio-Cultural Viability of Rule of Law Policies in Post-Conflict Societies: Culture Clash, Dzenan Sahovic 15. Land and Power in Afghanistan: In Pursuit of Law and Justice? Patrick McAuslan 2009: 234 x 156: 312pp Hb: 978-0-415-48589-0: £80.00 Pb: 978-0-415-58962-8: £27.99 eBook: 978-0-203-86352-7 For more information, visit: www.routledge.com/9780415589628

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Lawyers and the Construction of Transnational Justice

Lawyers and the Rule of Law in an Era of Globalization

Edited by Yves Dezalay and Bryant Garth, Southwestern Law School, USA

Edited by Yves Dezalay and Bryant Garth, Southwestern Law School, USA

Lawyers and the Construction of Transnational Justice examines the people, the conflicts, and the mechanisms involved in producing transnational norms and institutions. Ordinarily, a clear division is made between business law and public interest law or cause lawyering; but this volume explores the relationships and similarities between transnational developments in both spheres. Connecting the human rights side of justice with the norms used to regulate market and business, its contributors pursue detailed empirical research that focuses on the complexities, ambiguities and contradictions in the processes, as well as the outcomes, of constructing transnational justice. Addressing a range of international issues, Lawyers and the Construction of Transnational Justice is a major contribution to the field of sociology of law, as well as to debates about global governance.

Lawyers and the Rule of Law in an Era of Globalization focuses on the national and transnational processes transforming both the rule of law and the role of lawyers. The book draws on a framework that emphasizes the relationship between the national and the international, the strategies of lawyers at various political levels, and the circulation of ideas and people. As such, it considers the ’rule of law’, not as a normative ideal that has to be accomplished and realized, but rather as a field of action and discourse that emerges through complex relationships among experts, national elites and global institutions. Through detailed empirical work, the contributors all examine the relationship between law, politics, and the state; focusing on lawyers and the social capital they posses and deploy, in order to understand the efficacy of the rule of law in different polities. Lawyers and the Rule of Law in an Era of Globalization will be invaluable for socio-legal scholars, students of the legal profession, as well as those with interests in law and development studies.

Selected Contents: Introduction 1. Lawyers and the Evolving Global Justice and Human Rights Industry 2. Lawyers, Humanitarian Emergencies, and the Politics of Large Numbers, John Hagan and Ron Levi 3. The Collapsing of the International Mobilization for Universal Jurisdiction: From ‘Frame Alignment’ to ‘Habitus Alignment, Julien Seroussi 4. Lawyering War or Talking Peace? On Militant Usages of the Law in the Resolution of Internal Armed Conflicts: A Case Study of International Alert, Sara Dezalay 5. From Post-Conflict Peacebuilding in Developing Countries to ADR in the North, Sandrine Lefranc 6. Legal Cosmopolitanism Divided. Stating, Codifying, and Invoking International Law of State Responsibility II. Justice and Rules in the Transnational Governance of the Market, Pierre Yves Conde 7. Marketing and Legitimating Transnational Regulation, Yves Dezalay and Bryant Garth 8. The Globalization of Intellectual Property Rights: The Politics of Law and the Transformation of National and Transnational Legal Fields: The Struggles behind the IP Chapter of the Colombian-U.S. Free Trade Agreement, Diana Rodriguez Franco 9. The Trials of Winning at the WTO: What Lies behind Brazil’s Success III. Lawyers and the Construction of European Justice, Gregory Shaffer 10. The Force of a Weak Field: Law and Lawyers in the Government of Europe, Antoine Vauchez 11. The Emergent Field of European Law: Transnational Institutions, Economic Interests and Career Paths to the European Court of Justice, Antonin Cohen 12. Human Rights and the Hegemony of Ideology: European Lawyers and the Cold War Battle over International Human Rights, Mikael Madsen 13. Conclusion April 2011: 234 x 156: 240pp Hb: 978-0-415-58118-9: £75.00 For more information, visit: www.routledge.com/9780415581189

Selected Contents: 1. Introduction: Lawyers, Law, and Society, Yves Dezalay and Bryant G. Garth Part 1: Law Embedded in Social Capital and Converted into Legal and Political Capital 2. Greasing the Squeaky Wheel of Justice: Lawyers, Social Networks and Dispute Processing in Venezuela, Manuel A. Gomez 3. Lawyers, Political Embeddedness, and Institutional Continuity in China’s Transition from Socialism, Ethan Michelson 4. The Classic Model and its Transformation, Maria Malatesta Part 2: Imported Know-How and Local Know-Who 5. Human Rights and the Rule of Law in Argentina. Transnational Advocacy Networks and the Transformation of the National Legal Field, Virginia Vecchioli 6. Criminal Procedure Reform in Chile: New Agents and the Restructuring of a Field, Daniel Palacios Munoz 7. The US and the EU in East European Legal Reform, Ole Hammerslev 8. Judicial Reform and the Transnational Construction of the Rule of Law in Latin America: The Return of Law and Development, Cesar Rodriguez-Garavito Part 3: Testing Rule-of-Law Hypotheses in the Context of the Largest Asian Economies 9. Macquarie University, Sydney, Australia, The Reform of the Profession of Lawyers in Japan: Impact on the Role of Law, Kaywah Chan 10. Hanyang University, Korea, The Democratization and Internationalization of Korean Legal Field, Seong-Hyun Kim 11. Oxford/La Trobe, Searching for Political Liberalism in all the Wrong Places: The Legal Profession in China as the Leading Edge of Political Reform?, Randall Peerenboom 12. Conclusion. How to Convert Social Capital into Legal Capital and Transfer Legitimacy Across the Major Practice Divide, Yves Dezalay and Bryant G. Garth February 2011: 234 x 156: 312pp Hb: 978-0-415-58117-2: £75.00 eBook: 978-0-203-83135-9 For more information, visit: www.routledge.com/9780415581172

The Political Economy of Government Auditing Financial Governance and the Rule of Law in Latin America and Beyond Carlos Santiso, African Development Bank,

The Political Economy of Government Auditing addresses the elusive quest for greater transparency and accountability in the management of public finances in emerging economies; and, more specifically, it examines the contribution of autonomous audit agencies (AAAs) to the fight against corruption and waste. Whilst the role of audit agencies in curbing corruption is increasingly acknowledged, there exists little comparative work on their institutional effectiveness. Addressing the performance of AAAs in emerging economies, Carlos Santiso pursues a political economy perspective that addresses the context in which audit agencies are embedded, and the governance factors that make them work or fail. Here, the cases of Argentina, Brazil and Chile are examined, as they illustrate the three – parliamentary, court and independent – models of AAAs in modern states, and their three distinct trajectories of reform, or lack of reform. Beyond Latin America, considerations on the reform of government auditing in other countries, developed and developing are also taken up as, it is argued, while institutional arrangements for government auditing matter, political factors ultimately determine the effectiveness of AAAs. Reforming AAAs, it is concluded, must consider the trajectory of state building, the role of law in public administration and the quality of governance. An important contribution to the comparative study of governance institutions, and especially those tasked with overseeing the budget and curbing corruption, The Political Economy of Government Auditing will be of interest to scholars and students of comparative politics, development studies, administrative law, and public finance; as well as to development practitioners and policy-makers in developing countries, donor governments and international institutions. Selected Contents: Introduction: Budget Institutions and Financial Governance 1. Political Economy of Budget Oversight and External Auditing 2. Institutional Arrangements for External Auditing 3. The Board Model and the Case of Argentina 4. The Court Model and the Case of Brazil 5. The Monocratic Model and the Case of Chile 6. Government Auditing in Transition. Conclusions: Auditing, Accountability and Anticorruption 2009: 234 x 156: 208pp Hb: 978-0-415-47773-4: £80.00 eBook: 978-0-203-87689-3 For more information, visit: www.routledge.com/9780415477734

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Marginalized Communities and Access to Justice

NEW

Edited by Yash Ghai CBE and Jill Cottrell, both at University of Hong Kong

George Meszaros, University of Warwick, UK

Marginalized Communities and Access to Justice is a comparative study, by leading researchers in the field of law and justice, of the imperatives and constraints of access to justice among a number of marginalized communities. A central feature of the rule of law is the equality of all before the law. As part of this equality, all persons have the right to the protection of their rights by the state, particularly the judiciary. Therefore equal access to the courts and other organs of the state concerned with the enforcement of the law is central. These studies – undertaken by internationally renowned scholars and practitioners – examine the role of courts and similar bodies in administering the laws that pertain to the entitlements of marginalized communities, and address individuals’ and organisations’ access to institutions of justice: primarily, but not exclusively, courts. They raise broad questions about the commitment of the state to law and human rights as the principal framework for policy and executive authority, as well as the impetus to law reform through litigation. Offering insights into the difficulties of enforcing, and indeed of the will to enforce, the law, this book thus engages fundamental questions about value of engagement with the formal legal system for marginalized communities. Selected Contents: Preface 1. The Rule of Law and Access to Justice, Yash Ghai and Jill Cottrell 2. Access to Justice: Lessons from South Africa’s Land Reform Program, Geoff Budlender 3. Access to Land and Justice: Anatomy of a State without the Rule of Law, Yash Ghai 4. The Movement of Landless Rural Workers in Brazil and their Struggles for Access to Law and Justice, Boaventura de Sousa Santos and Flavia Carlet 5. Access to Justice and Indigenous Communities in Latin America, J. Faundez 6. Seeking Justice for the Historical Claims of Indigenous People in Aotearoa New Zealand, David V. Williams 7. Peasants’ Struggle for Land in China, Eva Pils 8. ‘Honor’ and Violence Against Women in Pakistan, Hannah Irfan 9. Peace Versus Justice in Northern Kenya: Dialectics of State and Community Laws, Tanja Chopra 10. The Opportunities and Challenges of Using Public Interest Litigation to Secure Access to Justice for Roma in Central and Eastern Europe, James A. Goldston and Mirna Adjami 11. Conclusions and Reflections, Yash Ghai and Jill Cottrell 2009: 234 x 156: 280pp Hb: 978-0-415-49774-9: £80.00 Pb: 978-0-415-58963-5: £27.99 eBook: 978-0-203-86640-5

Social Movements, Law and the Politics of Land Reform Social Movements, Law and the Politics of Land Reform investigates how state and rural social movements are struggling for land reform against the background of a re-emergence of constitutional promises and projects in much of the developing world. By the early 1990s, as state driven was eschewed in favour of neo-liberal market principles, the historic centrality of rural conflicts was called into question. And accelerated urbanisation – most notably in China, India and Latin America – appeared to spell the death of the peasantry itself. Nevertheless, significant struggles continue: in China, largely in response to land grabs by powerful coalitions of speculators and party officials; in India, as low caste tenant farmers and landless indigenous people continue to demand land redistribution; in South Africa, and elsewhere. This book focuses on the relationship between these struggles and the state. Taking Brazil as an example, Social Movements, Law and the Politics of Land Reform outlines the complex reasons behind the failures of its constitution and law enforcement mechanisms to deliver social justice. Whilst developments there have distinctive origins, they nevertheless provide important lessons and insights for other countries. In particular, it is argued that Brazil’s failures – as elsewhere – are based not simply on the severe and widespread overestimation of the promise of law – its power and autonomy – but, more significantly, upon a corresponding underestimation of law’s relations of power. Using detailed empirical evidence the book develops a threefold argument: first, the inescapable presence of power relations in all aspects of the production and reproduction of law; secondly their dominant impact on socio-legal outcomes; and finally, given the significance of power relations, the essential role played by social movements as a force in the realisation of law’s progressive potential. Selected Contents: 1. Introduction: Constitutionalism without Redistribution 2. Legal Paralysis and Mass Mobilisation 3. Criminalising a Mass Movement 4. The Social and Political Contingency of Law 5. The Limits of Progressive State Action 6. New Models of Legality? 7. Conclusion April 2011: 234 x 156: 240pp Hb: 978-0-415-47771-0: £75.00 For more information, visit: www.routledge.com/9780415477710

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State Violence and Human Rights State Officials in the South Edited by Steffen Jensen and Andrew Jefferson, both at Research Centre for Torture Victims, Denmark

State Violence and Human Rights addresses how legal practices – rooted in global human rights discourse or local demands – take hold in societies where issues of state violence remain to be resolved. Attempts to make societies accountable to human rights norms regularly draw on international legal conventions governing state conduct. As such, interventions tend to be based on inherently normative assumptions about conflict, justice, rights and law, and so often fail to take into consideration the reality of local circumstances, and in particular of state institutions and their structures of authority. Against the grain of these analyses, State Violence and Human Rights takes as its point of departure the fact that law and authority are contested. Grounded in the recognition that concepts of rights and legal practices are not fixed, the contributors to this volume address their contestation ’in situ’; as they focus on the everyday practices of state officials, non-state authorities and reformers. Addressing how state representatives – the police officer, the prison officer, the ex-combatant militia member, the hangman and the traditional leader – have to negotiate the tensions between international legal imperatives, the expectations of donors, the demands of institutions, as well as their own interests, this volume thus explores how legal discourses are translated from policy into everyday practice. Selected Contents: Introduction, Andrew M. Jefferson and Steffen Jensen 1. The Politics of Palestinian Legal Reform: Judicial Independence and Accountability Under Occupation, Tobias Kelly 2. Traditional Authority and Localization of State Law: The Intricacies of Boundary Making in Policing Rural Mozambique, Helene Maria Kyed 3. The Vision of the State: Audiences, Enchantments and Policing in South Africa, Steffen Jensen 4. Translating Human Rights in the Margins: A Police-Migrant Encounter in Johannesburg, Julia Hornberger 5. The Special Field Force and Namibian Ex-Combatant ’Reintegration’, Lalli Metsola 6. On Hangings and the Dubious Embodiment of Statehood in Nigerian Prisons, Andrew M. Jefferson 7. Taking the Snake out of the Basket – Indian Prison Warders’ Opposition to Human Rights Reform, Tomas Martin 8. Community Policing Programmes as Police Human Rights Strategies in Costa Rica, Quirine Eijkman 9. Commentary: The Piggy-in-the-Middle, Mike Brogden

NEW

2009: 234 x 156: 224pp Hb: 978-0-415-47772-7: £80.00 eBook: 978-0-203-88198-9

Policing and Human Rights

For more information, visit: www.routledge.com/9780415477727

The Meaning of Violence and Justice in the Everyday Policing of Johannesburg Julia Hornberger, University of Zurich, Switzerland Policing and Human Rights analyses the implementation of human rights standards in the board rooms, tracing them from the nodal points of their production in Geneva, through the board rooms of national police management and training facilities, to the streets of downtown Johannesburg. This book deals with how the unprecedented influence of human rights, combined with the inability by police officers to ‘live up’ to international standards, has created a range of policing and human rights vernaculars – hybrid discourses that have appropriated, transmogrified and undercut human rights. Understood as an attempt by police officers, as much as by the police as a whole, to recover a position from which to act and to judge, these vernaculars reveal the compromised ways in which human rights are – and are not – implemented. Selected Contents: Introduction 1. Remembering the Police 2. Teaching Human Rights 3. ’Don’t Push this Constitution Down my Throat!’ The Use of Violence in Everyday Policing 4. ’My Police, Your Police’: The Informal Privatisation of Policing 5. ’Let’s go for a Drive’: On Sociability and Entanglement in the City 6. Mother-Beats-Father Dockets April 2011: 234 x 156: 216pp Hb: 978-0-415-61068-1: £75.00 For more information, visit: www.routledge.com/9780415610681

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From Heritage to Terrorism

International Development

Law and Power in Foreign Investment in Africa

Regulating Tourism in an Age of Uncertainty

Sundhya Pahuja, University of Melbourne, Australia and Ruth Buchanan, York University, Canada Series: Critical Approaches to Law This book contests current approaches to law and development insofar as these depend upon two premises: first, that development is the means by which global human well-being is to be achieved; and, second that law – both domestic and international – may be used to affect that development. Asking not how law may effect development but rather how development discourse sustains (international) law itself, this book argues that what is at stake in the idea of ‘development’ is the legitimization of an increasingly forceful homogenization of the political, economic and social spheres. Developmentalism, it is further argued, provides normative ‘objectivity’ to the foundational assumptions of international law (including human rights, trade and international financial law). And, as law thus becomes both a normative and an instrumental discourse, what it overlooks is the violence of developmentalism’s transformational project. Selected Contents: 1. ’Law and Development’ as a Field 2. The Development Concept and its Precursors 3. The Institutionalisation of Development 4. Crisis and Renewal 5. Development, Human Rights and the Rule of Law December 2011: 216 x 138: 144pp Hb: 978-0-415-43290-0: £75.00 Pb: 978-0-415-43291-7: £21.99 For more information, visit: www.routledge.com/9780415432917

The Right to Development in International Law The Case of Pakistan Khurshid Iqbal

Shades of Grey in the Shadow of the Law Lorenzo Cotula, International Institute for Environment and Development (IIED), UK

Selected Contents: 1. Introduction Part 1: The Concept and Challenges of the Right to Development 2. The History, Politics and the Concept of the Right to Development 3. The Jurisprudence of the Right to Development 4. The Declaration and the Working Groups Part 2: The Right to Development in International Law 4. The Legal Status of the Right to Development in Public International Law Part 3: The Right to Development in Pakistan 6. The Nature and Extent of the Realisation of the Right to Development in Pakistan 7. Re-Conceptualising the RTD in Islamic Law 8. Pakistan’s Poverty Reduction and the Right to Development 9. Conclusion 2009: 234 x 156: 296pp Hb: 978-0-415-47941-7: £70.00 eBook: 978-0-203-87497-4 For more information, visit: www.routledge.com/9780415479417

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Series: Routledge Research in International Economic Law This book explores how the law protects the different and competing interests that are brought into contact by foreign investment projects in Africa. It draws on international investment and human rights law, on the national law of selected jurisdictions and on the contracts concluded for a large investment project to consider the legal frameworks regulating the growing investment flows to Africa. The book relates the findings of this legal analysis to an analysis of negotiating power between different holders of legally protected rights (investors, local people affected by the investment), exploring whether any differences in legal protection tend to counter, or reinforce, asymmetries in negotiating power. The outcome is a thorough legal analysis that is directly anchored to social processes and that provides insights into the relationship between law and power in a globalised world. Selected Contents: 1. Introduction 2. Key Concepts 3. Universal Rights and Differentiated Rules: The International Protection of Property Rights Under Human Rights and Investment Law 4. The Protection of Property Rights Under National Law 5. The Protection of Property Rights Under the Contractual Arrangements Developed for the Chad-Cameroon Oil Development and Pipeline Project 6. The Dynamics of Property Rights: Tensions between Strengthening Local Resource Rights and Ensuring Regulatory Stability for Foreign Investment 7. Conclusion October 2011: 234 x 156: 256pp Hb: 978-0-415-60990-6: £75.00 For more information, visit: www.routledge.com/9780415609906

Series: Routledge Research in Human Rights Law The Right to Development in International Law rigorously explores the right to development (RTD) from the perspectives of international law as well as the constitutionally guaranteed fundamental rights and the Islamic concept of social justice in Pakistan. The volume draws on a wide range of relevant sources to analyse the legal status of international cooperation in contemporary international law, before exploring the domestic application of the right to development looking at the example of Pakistan, a country that is undergoing radical transformation in terms of its internal governance structures and the challenges it faces for enforcing the rule of law.

Brian Simpson, University of New England, Australia and Cheryl Simpson, Flinders University, Australia

NEW

Critical in style, From Heritage to Terrorism examines the law and its role in shaping and defining tourism and the tourist experience. Using a broad range of legal documents and other materials from a variety of disciplines, it surveys how the underlying values of tourism often conflict with a concern for human rights, cultural heritage and sustainable environments.

Departing from the view that within this context the law is simply relegated to dealing the ‘hard edges’ of the tourist industry and tourist behaviour, the authors explore: • the ways that the law shapes the nature of tourism and how it can do this • the need for a more focused role for law in tourism • the law’s current and potential role in dealing with the various tensions for tourism in the panic created by the spread of global terrorism. Selected Contents: Part 1: Law in Tourism 1. Conceptualising Tourism and the Tourist as a Legal Problem Part 2: Tourism as a Just Cause 2. Establishing the Exalted Tourist 3. The Urban Tourist: Inserting the Tourist into the Cityscape 4. The Cultural Tourist: Culture as Tourism Part 3: Tourism as Transgression 5. The Targetted Tourist: The Legal Construction of Fear 6. The Pleasure Tourist: Sex Tourism as a Legal Dilemma 7. Work and Death in Tourism: Darkness and Voyeurism Part 4: Tourism in Law 8. Conclusion: Tourism as a Legal Problem July 2010: 234 x 156: 208pp Hb: 978-0-415-42559-9: £75.00 eBook: 978-0-203-84719-0 For more information, visit: www.routledge.com/9780415425599

Globalisation and the Quest for Social and Environmental Justice The Relevance of International Law in an Evolving World Order Edited by Shawkat Alam, Natalie Klein and Juliette Overland, all at Macquarie University, Australia The book is an exploration of the intricate nexus that emerges as a result of globalisation, inextricably linking together issues of international law, human rights, environmental law and international trade law. Bringing together a number of experts in the field, the book focuses on the areas of social justice and environmental justice, and explores the links that exists between the two and the effect of globalisation on these areas. Selected Contents: 1. Achieving Social and Environmental Justice through the Many Dimensions of Globalisation: An Elusive or Achievable Quest? Shawkat Alam, Natalie Klein and Juliette Overland 2. ‘Globalised Localisms’ and the Three Phases of Environmental Governance for Biodiversity Protection, Lee Godden 3. Global Standards and Specific Needs: Protection of the Marine Environment Through Particularly Sensitive Sea Areas, Natalie Klein 4. Blue Oil: Water Resources, Social Justice and the International Law on Foreign Investment, Kate Miles 5. Economic Globalisation: Rethinking Its Promises for Economic and Social Development from a Developing Country Perspective, Shawkat Alam 6. Standards in the WTO – Attitudes to Biotechnology, Joseph McMahon 7. Embedding the Neoliberal Transformation of Government Services through Trade in Services Agreements, Jane Kelsey 8. A Multi-Faceted Journey: Globalisation, Transnational Corporations and Corporate Social Responsibility, Juliette Overland 9. Globalisation and Intellectual Property Rights: Developing Countries and TRIPS, Carlos M. Correa 10. Globalisation and Children’s Rights: The Case of Child Labour, Sumaiya Khair 11. Gender and Globalisation: Engendering Social and Environmental Justice through Globalising Women’s Human Rights, Erika George 12. ‘ ‘Why do they Hate us?’ They Hate our freedoms’: The Globalisation of Terrorism and Counter-Terrorism, Ben Saul 13. Harbingering a New Paradigm of Global Governance: The Role of NGOs in Shaping International Law and Relations in the Twenty-First Century, M. Rafiqul Islam 14. The Challenges of Globalisation and International Law: The Way Forward, Ved P Nanda November 2010: 234 x 156: 320pp Hb: 978-0-415-49910-1: £75.00 eBook: 978-0-203-83692-7 For more information, visit: www.routledge.com/9780415499101

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law, globa l i z at i o n a n d i n t e r n at i o n a l d ev e lo p m e n t

Neoliberalism and the Law in Post Communist Transition The Evolving Role of Law in Russia’s Transition to Capitalism

Rules, Rubrics and Riches

NEW

The Interrelations between Legal Reform and International Development

The Role of Courts in Transitional Justice

Shailaja Fennell, University of Cambridge, UK

This work examines ideas about the role of law and legal reform in the creation of market economies, focusing on the process of post communist transition in Russia. Processes of transition in Russia were guided by a set of very specific neoliberal ideas about the nature of markets and capitalism, about the role of law and the primacy of the economic over the legal and political. These ideas however have come under fire as a result of the Russian experience of transition and the serious problems encountered by reforms. This led to a revision of the original neoliberal ideas, not least concerning the role of law and its relationship to the economic and the political. The result has been the emergence of a much more complex body of ideas about the role law plays in economic transformation.

Rules, Rubrics and Riches highlights the limitations of existing approaches to understanding the relationship of the law to the process of development. It interrogates neoclassical economic thinking that draws on the narrow rubric of self-interest to understand the acquisition of riches. It takes issue with both the traditional ‘law and development’ movement, that was unable to shake colonial overtones, and the more recent ‘law and economics’ school that continues to emphasise the centrality of rational man at the micro level and the superiority of linear models of economic progress at the macro level.

This book aims to close a gap in the literature on post communist transition by offering a theoretical interpretation of Russia’s experience which makes transition reform models comparable to development reform models. Focusing on the role of law and the relationship of economic priorities to law reform, this work offers a critical evaluation of currently dominant theories of economic and legal reform put to use in varied transition and development scenarios. In looking at the ideas which directed and animated reform in Russia, an enquiry is thus made into the wider relationship between democracy, regulation and the market in contemporary capitalism.

Written as an analysis of and commentary on the contribution of the law to international development, using legal cases and development trajectories in China, India and Malaysia, the book makes the case that individuals do not operate in a vacuum but rather within the social contexts of larger human structures such as family, community and nation. The book offers a new frame for ’law and development’ thinking that point to a new set of rules, using a broader rubrics to ensure a sustainable accumulation of riches. It will be of interest to students and scholars working in the fields of law and development, development studies and international and comparative law.

Ioannis Glinavos, Kingston University, UK

Selected Contents: 1. Markets and Law 2. The Command Economy 3. Instant Capitalism 4. Responses to Instant Capitalism 5. Second Stage Reforms 6. Neoliberalism Revisited March 2010: 234 x 156: 232pp Hb: 978-0-415-48654-5: £75.00 eBook: 978-0-203-85640-6 For more information, visit: www.routledge.com/9780415486545

NEW

Southern Africa Development Community Land Issues

Selected Contents: 1. The Market Economy, the Rule of Law and the Path of Development 2. All in the Family: Gender and Identity within the Household 3. Group Rights, Distributional Conflicts and the Making of Unequal Identities 4. National and Sub-National Institutions 5. The Interface Between the Global and National 6. Dissonances and Discordances: From Deaf Ears to Inclusive Development 7. Equitable Laws for a New Paradigm of Wealth and Accumulation 2009: 234 x 156: 232pp Hb: 978-1-904385-29-5: £85.00 Pb: 978-0-415-42035-8: £29.99 eBook: 978-0-203-87151-5 For more information, visit: www.routledge.com/9780415420358

A New, Sustainable Land Relations Policy Edited by Ben Chigara, Brunel University, UK This book considers issues surrounding land ownership and land reform in the countries which comprise the Southern Africa Development Community (SADC). The book situates SADC land issues in their local, regional and international context at the start of the twenty-first century exploring them from an inter-disciplinary perspective. The book features contributions from an impressive array of experts including Patricia Kameri-Mbote, Eldred Masunungure and Catherine Odimba Kombe. The contributions to the book focus particularly on the possible impact of land issues on the sub-region’s development and human security potential in light of the UN Millennium Development Goals and the development of international human rights law and regional customary international law. Selected Contents: 1. Opening of the Territories, Dynamic Land and Local Development for Natives under the SADC, Catherine Odimba Kombe 2. Land Policy Developments and Setbacks in SADC States, Martin Adams 3. The Colonial Legacy in Land Rights, Robert Home 4. The Political Economy of Land Reform, Ownership and Use in Southern Africa, Horman Chitonge 5. Indigenous Land Claims in International Law, Ilias Bantekas 6. Land Grab in Southern Africa: Challenges for Good Governance, Hany Besada 7. Communal Land – A Still Disputed Customary Law Concept, Manfred O Hinz 8. Property Rights and Land Reform in Namibia, S.K. Amoo 9. Lancaster Agreement, Land Redistribution, and Land Reform: Understanding Zimbabwe’s Land Issue, Alex T. Magaisa 10. Towards a Contemporary SADC Framework of Land Ownership, Jeremie Gilbert and Dr David Keane 11. Land Ownership and Economic, Social and Cultural Rights in the SADC, Manisuli Ssenyonjo 12. Climate Change and the SADC Region, Sibongile Manzana and Munyaradzi Saruchera 13. SADC Land Issues before the SADC Tribunal – A Case for Human Rights?, Oliver C. Ruppel 14. Tenancy on Private Agriculture Land Holdings: A Pathway to the Common Settlement of a SADC Land Issue?, Sibo Banda 15. The Land Question in Revised Constitutional Arrangements in Southern Africa, Clement Ng’ong’ola 16. The Land Question in Southern Africa: A Political Economy Perspective, Edward Lahiff 17. Deconstructing SADC Land Relations: Towards a New, Sustainable Land Relations Policy for Post-Apartheid SAD States?, Ben Chigara 18. The New, Sustainable SADC Land Relations Policy – Rapid Resolution Guidelines for SADC States in Light of the UN Human Security Programme and the UN mdgs, Ben Chigara May 2011: 234 x 156: 384pp Hb: 978-0-415-58704-4: £75.00 For more information, visit: www.routledge.com/9780415587044

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Voices from Latin America and Spain Edited by Jessica Almqvist and Carlos Esposito, both at University of Autonoma Madrid, Spain This book examines the role of courts in times of transition. The book focuses on judicial experiences from the Iberoamerican region, in particular Argentina, Chile, Colombia, Spain and Guatemala, exploring the extent to which national courts have been able to shoulder the task of investigating and prosecuting grave crimes such as genocide, crimes against humanity and war crimes, committed in the context of a previous repressive rule or current conflict. The volume contains contributions from judges, prosecutors, and scholarly experts in the region. It offers first-hand experiences and expert findings on crucial issues surrounding the role of the courts. The book also draws attention to the way in which regional and international courts have come to contribute to the initiation of national judicial processes, above all, through international standard-setting and pressure. It goes on to articulate a philosophical critique of the dominant understandings of transitional justice because it has not paid sufficient attention to criminal justice. In this context, the volume outlines an alternative conceptualisation that seems better equipped to both explain the recent developments towards the ‘judicialization’ of transitional justice politics while, at the same time, also insisting on the continued need for caution and critical reflection on the role of courts in times of transition. Selected Contents: 1. Introduction, Jessica Almqvist and Carlos Espósito Part 1: National Judicial Experiences 2. The Possibility of Criminal Justice: Argentina, Ricardo Gil Lavedra 3. The Legacy of the De Facto Regime and Chilean Criminal Justice, Roberto Garretón 4. Challenges to Criminal Justice in a Conflictive Present: Colombia, Alejandro Aponte 5. Transitional Justice and its Temporal Limits in Spain, Alicia Gil Gil 6. The Spanish Courts as a Last Resort, Javier Chinchón Part 2: Contributions of International and Regional Courts 7. The Progressive Development of the International Law of Transitional Justice: The Role of the Inter-American System, Felipe González 8. Possible Contributions of the Rome Statute to Judicial Processes in Transitional Societies, Elizabeth Odio Benito 9. The Complementary Character of International Criminal Justice in Times of Transition, Hector Olásalo Part 3: International Judicial Cooperation 10. Transitional Justice as a Hybrid Process: Guatemala, Naomi Roht-Arriaza and Almudena Bernabeu 11. The Criminal Investigation and its Relationship to Jurisdiction, Extradition and Cooperation, Susan Kemp Part 4: Normative Reflections 12. Restoring Civic Confidence through Transitional Justice, Paul Seils 13. Peace and Justice in Transitions to Democracy, Marcelo Alegre and Leonardo Filippini 14. Conclusion, Jessica Almqvist and Carlos Espósito September 2011: 234 x 156: 256pp Hb: 978-0-415-60137-5: £75.00 For more information, visit: www.routledge.com/9780415601375

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l aw, media and culture

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Law, Media and Culture NEW

Law and Art Ethics, Aesthetics, Justice Edited by Oren Ben-Dor, University of Southampton, UK The contributions to Law and Art address the interaction between law, justice, the ethical and the aesthetic. The exercise of the legal role and the scholarly understanding of legal texts were classically defined as ars iuris – an art of law – which drew on the panoply of humanist disciplines, from philology to fine art. That tradition has fallen by the wayside, particularly in the wake of modernism. But, as this book demonstrates, a consideration of the relationship between law and art can still bring jurisprudence, and particularly critical jurisprudence, to life. In its attention to the inexpressible, art can contribute to the liberation of legal doctrine from its own self-imposed limits. It can inform the ethics of a legal theory that is concerned to address how theoretical abstractions and concrete oppressions overlook the singularity and spontaneity to which art attests. The contributors to this volume – and their engagement with the full range of ’the arts’ – seek, therefore, to disturb and to supplement conventional accounts of justice: raising the difficulty, but also the promise, of that surplus which art reveals: of life over legal formalisation. Selected Contents: Part 1: Law between Ethics and Aesthetics 1. Poetic Justice: Art and the Measure of Mortality, Krzysztof Ziarek 2. Art, Law, Comparison, Igor Stramignoni 3. Judaism in The No Man’s Land: Between Law and Ethics, Ariella Atzmon 4. Law’s Image, Costas Douzinas 5. The Aesthetics of the Everyday and the Form of the Law, Adam Gearey Part 2: Creativity, Singularity and the Law 1. In the Absence of Judgement: Critical Art Practice and the Law, Jamie Stapleton 2. The Torch of Art and the Sword of Law: Between Particularity and Universality, Zenon Bankowski and Maksymilian Del Mar 3. The Rise and Fall of Moral Security: Hugo Grotius, Joseph Conrad and the Waters of the Malay Archipelago, Stephanie Jones 4. Musical Performance, the Academy, and the Law-Givers, Thomas Irvine 5. Reading Law as Literature: Cases for Conversation, Robin Lister Part 3: Law, Art and Violence 1. The Sublime Origin of Violence, Oren Ben-Dor 2. As the Osprey to the Fish: Shakespeare and the Force of Law, Richard Wilson 3. Emergency Art: The Revolution will not be Curated!, Bernadette Buckley 4. The Play of Terror, Ian Ward Part 4: Law, Justice and the Image 1. Francis Bacon’s ’Armature’: A Justice that Cannot be Told, Panu Minkkinnen 2. Images, Emblems, Laws, Peter Goodrich 3. Not Yet: Aboriginal People and the Rule of Law, Desmond Manderson 4. The Awnings of Justice: De Chirico and Luhmann against the Horizon, Andreas Philippopoulos-Mihalopoulos 5. Law and Architecture: The Construction of Meaningful Spaces, Alain Pottage March 2011: 234 x 156: 288pp Hb: 978-0-415-56021-4: £75.00 For more information, visit: www.routledge.com/9780415560214

NEW

NEW

Audiovisual Regulation under Pressure

Disability and New Media

Comparative Cases from North America and Europe Thomas Gibbons and Peter Humphreys, both at University of Manchester, UK The book is an interdisciplinary investigation of trends in audiovisual regulation. The book considers recent trends towards deregulation and for policy in this field to pursue trade and industry policy goals rather than traditional cultural and democratic objectives, notably media pluralism and diversity. This book explores regulatory policy in the following jurisdictions: the United States, Canada, France, Germany, the UK, the ‘Benelux’ countries, and the European Union and compares the very different responses to the issues of liberalisation, deregulation and the attainment of cultural objectives. In looking at these issues the book focuses on a range of instruments designed for promoting pluralism and cultural diversity, particularly the role of public service broadcasting and the range of culturally protectionist measures available, such as subsidies, scheduling and investment quotas, as well as (particularly national) media ownership rules. In comparing regulation in different jurisdictions the book will lead to a better understanding of the path dependencies in cultural policy measures as applied to audiovisual media, but also a greater knowledge of the pressures of regulatory competition and the profound technological changes that call for new regulatory design.

Katie Ellis, Murdoch University, Australia and Mike Kent, Curtin University of Technology, Australia Series: Routledge Studies in New Media and Cyberculture Disability and New Media examines how digital design is triggering disability when it could be a solution. Video and animation now play a prominent role in the World Wide Web and new types of protocols have been developed to accommodate this increasing complexity. However, as this has happened, the potential for individual users to control how the content is displayed has been diminished. Accessibility choices are often portrayed as merely technical decisions but they are highly political and betray a disturbing trend of ableist assumption that serve to exclude people with disability. It has been argued that the Internet will not be fully accessible until disability is considered a cultural identity in the same way that class, gender and sexuality are. Kent and Ellis build on this notion using more recent Web 2.0 phenomena, social networking sites, virtual worlds and file sharing. Many of the studies on disability and the web have focused on the early web, prior to the development of social networking applications such as Facebook, YouTube and Second Life. This book discusses an array of such applications that have grown within and alongside Web 2.0, and analyzes how they both prevent and embrace the inclusion of people with disability.

Selected Contents: 1. Introduction 2. Theoretical and Policy Frameworks 3. The USA: Archetype and Motor of Deregulation 4. Canada: Complex Responses to a Dominant Neighbour 5. France: Meeting the Anglo-Saxon Challenge 6. The United Kingdom: The Paradox of Public Service, Plurality and the Market 7. Germany: Public Service in a Dual Broadcasting System 8. The Benelux: The Problems of Small Countries 9. The European Union: Agent of Deregulation or Reregulation? 10. Conclusion

Selected Contents: Introduction Part 1: At the Crossroads 1. Universal Design in a Digital World 2. iAccessbility from iTunes 1.0 to iPad 3. Building Digital Stairways: Nice View, But What About My Wheelchair? Part 2: How Did We Get Here? 4. We Want You in Our Network: Universal Design V Retrofitting the Web 5. (Physical) Disability is a Form of Social Oppression? 6. Does That Face-’Book’ Come in Braille? Social Networking Sites and Disability Part 3: Where to Next? 7. Avatars with Wheelchairs, But No Virtual Guide Dogs: Disability and Second Life 8. Challenges and Opportunities: The Road Ahead for Disability in a Digital World. Conclusion

November 2011: 234 x 156: 320pp Hb: 978-0-415-59021-1: £75.00

December 2010: 229 x 152: 176pp Hb: 978-0-415-87135-8: £75.00

For more information, visit: www.routledge.com/9780415590211

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The Scene of Violence Cinema, Crime, Affect Alison Young, Melbourne University, Australia

’Alison Young may be the best law and film scholar in the world. Her insight and eminence in the field are amply on display in The Scene of Violence. Here Young draws our attention to what she calls ’the spectatorial relation engendered by film.’ No one who watches a film will ever watch it the same way after reading this book. No one who has ever thought about the relationship of law, violence and film will ever think about them the same way after reading this book. The Scene of Violence will be an instant classic.’ – Austin Sarat, William Nelson Cromwell Professor of Jurisprudence and Political Science at Amherst College

In the contemporary fascination with images of crime, violence gets under our skin and keeps us enthralled. The Scene of Violence explores the spectator’s encounter with the cinematic scene of violence – rape and revenge, homicide and serial killing, torture and terrorism. Providing a detailed reading of both classical and contemporary films – for example, Kill Bill, Blue Velvet, Reservoir Dogs, The Matrix, Psycho, The Accused, Elephant, Seven, Thelma & Louise, United 93, Zodiac, and No Country for Old Men – Alison Young returns the affective processes of the cinematic image to the study of law, crime and violence. Engaging with legal theory, cultural criminology and film studies, the book unfolds both our attachment to the authority of law and our identification with the illicit. Its original contribution is to bring together the cultural fascination of crime with a nuanced account of what it means to watch cinema. The Scene of Violence shows how the spectator is bound by the laws of film to the judgment of the crime-image. Selected Contents: 1. The Crime-Image 2. Judging the Affect of Screen Violence 3. ’Don’t You Fucking Look At Me’: Sexual Injury, Vision and Cinematic Revenge 4. The Serial Killer’s Accomplice 5. The Cinema of Disaster: Screening 9/11 6. No End to Violence? 2009: 234 x 156: 200pp Hb: 978-0-415-49071-9: £80.00 • Pb: 978-0-415-58508-8: £27.99 • eBook: 978-0-203-88079-1 For more information, visit: www.routledge.com/9780415585088

Complimentary Exam Copy

e-Inspection New in Paperback Companion Website


l aw, i nf o r m at i o n a n d t e c h n o lo g y

NEW

Emotions, Genre, and Justice in Film and Television Deidre Pribram, Molloy College, USA

Law, Information and Technology Routledge Research in Information Technology and E-Commerce Law

Series: Routledge Research in Cultural and Media Studies Through their cultural meanings and uses, emotions enable social identities to be created and contested, to become fixed or alter. Popular narratives often take on emotional significance, aiding groups of people in recognizing or expressing what they feel and who they are. This book focuses on the justice genres – the generic network of film and television programs that are concerned with crime, law, and social order – to examine how fictional police, detective, and legal stories participate in collectively realized conceptions of emotion. A range of films (Crash, Man on Fire) and television series (Cold Case, Cagney and Lacey) serve as case studies to explore contemporarily relevant representations of anger, fear, loss and consolation, and compassion. March 2011: 229 x 152: 146pp Hb: 978-0-415-99828-4: £75.00 For more information, visit: www.routledge.com/9780415998284

NEW

Cultural Expertise and Litigation Patterns, Conflicts, Narratives Edited by Livia Holden, Lahore University, Pakistan Cultural Expertise and Litigation addresses the issues surrounding the legal role of social scientists that provide evidence in cases related to minority groups and migration. In various circumstances, non-western laws and practices are regularly interpreted in western courts. Marriages, divorces, adoptions and other legal facts, whose legitimacy is uncontested locally, can be declared invalid: with consequences going beyond the geographic boundaries of the legal regimes of the west, in what now appears as the emergence of a specific kind of trans-cultural or transnational legal case. Focusing particularly on South Asian migrants in Europe and in North America, this book focuses on how, in such cases, social scientific experts – who do not per se belong to the formal setting of the law but are nevertheless bound to it – transform ‘culture’ into law. How does this transformation occur? What strategies are adopted by expert witnesses, lawyers and litigants? How is cultural understanding – and misunderstanding – produced in these circumstances? And how, moreover, do the decisions in these cases not only reflect, but impact, upon local legal procedures? Cultural Expertise and Litigation addresses these questions, as it elicits the patterns, conflicts and narratives that characterize the legal role of social scientists in a variety of legal and semi-legal settings – including immigration and asylum, family law, nationality and citizenship law, and criminal law. April 2011: 234 x 156: 240pp Hb: 978-0-415-60156-6: £75.00 For more information, visit: www.routledge.com/9780415601566

The Current State of Domain Name Regulation Domain Names as Second Class Citizens in a Mark-Dominated World Konstantinos Komaitis, University of Strathclyde, UK ‘This book is a must-read for any legal scholar or policy-maker interested in understanding the international public policy objectives and political negotiations behind Internet domain name policy and trademark law policy. If you want to know how the intersection of trademark law and domain name policy has historically evolved, where it is right now, and where it is going, you have found the right book.’ – Robin D. Gross, Imagine Law, San Francisco, Executive Director of IP Justice, and Chair of ICANN’s Noncommercial Users Constituency (NCUC) This book evaluates the behaviour of domain names within the rule of law as well as their regulatory frameworks. Drawing on experience from various jurisdictions, the book determines the property nature of domain names, and suggests solutions as to how the regulation of domain names can be reformed. Selected Contents: 1. Introduction: Taking on the Sins of ICANN and the UDRP Part 1: Intellectual Problem 2. Contextualising Property 3. Introducing Trademarks 4. Domain Names: Their Technological, Socio-Economic and Legal Status Part 2: Institutional Problem 5. History of Domain Name Institutionalization 6. ’Lex Domainia’ – The New Lex Mercatoria? 7. The UDRP and Arbitration 8. Issues of Procedural Unfairness 9. Free Speech in the Context of the UDRP 10. Regulating Domain Names Nationally: The Case of the Anticybersquatting Consumer Protection Act (ACPA) 11. Applying the UDRP and ACPA in the Right Context Part 3: Ethical Problem 12. ‘Haves’ and ‘Have-Nots’ Part 4: Themes and Issues 13. Forwards and Backwards 14. Repeating the Same Mistakes: New GTLDs and the IRT Recommendation Report June 2010: 234 x 156: 296pp Hb: 978-0-415-47776-5: £80.00 eBook: 978-0-203-84958-3 For more information, visit: www.routledge.com/9780415477765

Law of Electronic Commercial Transactions Contemporary Issues in the EU, US and China

Online Dispute Resolution for Consumers in the European Union

Faye Fangfei Wang, Bournemouth University, UK

Pablo Cortés, University of Leicester, UK

The exponential growth of electronic usage in global commercial transactions has generated potential opportunities in productivity, facilitated the cross-border free movement of goods and service, and stimulated export and import trade as well as domestic sale, but at the same time, it has led to new challenges to existing laws due to the unique characteristics and complexities of online technology, culture and social behaviours.

E-commerce offers immense challenges to traditional dispute resolution methods, as it entails parties often located in different parts of the world making contracts with each other at the click of a mouse. Thus modern legal systems face a crucial choice: either to adopt traditional dispute resolution methods that have served the legal systems well for hundreds of years or to find new methods which are better suited to a world not anchored in territorial borders.

This book compares the legislative frameworks of e-commerce in the EU, US, China and International Organisations. It highlights and analyses the main legal obstacles to the establishment of trust and confidence in doing business online. It provides an in-depth research into finding solutions to remove the barriers to the validity of electronic contracts and signatures, the enforceability of data privacy protection, the determination of Internet jurisdiction and choice of law, as well as the promotion of online dispute resolution. It encourages modernisation and harmonisation of laws concerning electronic commercial transactions through well-balanced area-specific international instruments. Selected Contents: Part 1: Introduction 1. The Legal and Business Landscape of Electronic Commercial Transactions 2. Technical and Legal Barriers to Online Commerce Part 2: Electronic Contracts 3. What is an Electronic Contract? 4. When is an Electronic Contract Made? 5. Where is the Contract Made? 6. Contemporary Issue: Electronic Battle of Forms Part 3: Online Security 7. Electronic Signatures 8. Electronic Authentication 9. Contemporary Issue: Protecting Information in Electronic Communications Part 4: Dispute Resolutions 10. Resolving Electronic Commercial Disputes Part 5: The Future 11. Conclusions and Recommendations January 2010: 234 x 156: 288pp Hb: 978-0-415-55745-0: £75.00 eBook: 978-0-203-86000-7 For more information, visit: www.routledge.com/9780415557450

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Online Dispute Resolution (ODR), originally an off-shoot of Alternative Dispute Resolution (ADR), takes advantage of the speed and convenience of the Internet, becoming the best, and often the only option for enhancing consumer redress and strengthening their trust in e-commerce. This book provides an in-depth account of the potential of ODR for European consumers, offering a comprehensive and up to date analysis of the development of ODR. It considers the current expansion of ODR and evaluates the challenges posed in its growth. The book proposes the creation of legal standards to close the gap between the potential of ODR services and their actual use, arguing that ODR, if it is to realise its full potential in the resolution of e-commerce disputes and in the enforcement of consumer rights, must be grounded firmly on a European regulatory model. Selected Contents: Introduction 1. Consumer Protection and Access to Justice in the E-Commerce Era: A European Perspective 2. Online Dispute Resolution as a Consumer Redress Strategy 3. Consumer Adjudicative Processes Supported by ICT: Court Processes and Arbitration 4. Online Mediation for Consumers: The Way Forward 5. The Need for a Legal Framework to Develop Consumer ODR in the EU July 2010: 234 x 156: 288pp Hb: 978-0-415-56207-2: £75.00 eBook: 978-0-203-84775-6 For more information, visit: www.routledge.com/9780415562072

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l egal theory

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Legal Theory Nomikoi Critical Legal Thinkers NEW

Carl Schmitt: Law as Politics, Ideology and Strategic Myth Michael Salter, University of Central Lancashire, Preston, UK There has been and continues to be a remarkable revival in academic interest in Carl Schmitt’s thought within politics, but this is the first book to address his thought from an explicitly legal theoretical perspective. Transcending the prevailing one-sided and purely historical focus on Schmitt’s significance for debates that took place in the Weimar Republic 1919-1933, this book addresses the actual and potential significance of Schmitt’s thought for debates within contemporary Anglo-American legal theory that have emerged during the past three decades. These include: the critique of legal positivism; the ‘indeterminacy thesis’ of American Critical Legal Studies; the reinterpretation of law as a form of strategically disguised politics by the contemporary sociology of law movement; the emphasis upon law as implicated in, and as aspect of, a network of mobile yet dispersed power relationships irreducible to a central state; the legal theoretical critique of human rights and liberalism more generally; Schmitt’s critique of innovations within international criminal law: the inhumanity and hypocrisy of supposedly universalistic ‘crimes against humanity’; and the retrospective criminalisation of ‘aggressive war’ as part of the Nuremberg trials process. In these respects, therefore, Michael Salter provides an overview and assessment of Schmitt’s thought, as well as a consideration of its relevance for contemporary legal thought. Selected Contents: Introduction: Schmitt as a Legal Thinker 1. The Hidden Assumptions and Commitments of Liberal Approaches to the Legal Process within Modern Liberal-Democratic States 2. The Concealed Presuppositions and Commitments of Liberal Approaches to Public and Constitutional Law 3. A Schmittian Analysis of the Politics of Declaring a State of Emergency in Response to Terrorist/Partisan Violence 4. Schmitt on War, Waging Aggressive War and Crimes Against Humanity 5. Criticism of the Claims and Implications of Schmittian Legal Theory Conclusion: Salvaging Aspects of Schmitt through Immanent Critique?

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Henri Lefebvre: Spatial Politics, Everyday Life and the Right to the City Chris Butler, Griffith University, Australia While certain aspects of Lefebvre’s writings have been examined extensively during the last three decades within the disciplines of geography, cultural studies, sociology, urban planning and social theory, there has been no comprehensive consideration of his work within legal studies. Henri Lefebvre: Spatial Politics, Everyday Life and the Right to the City provides the first detailed analysis of the relevance and importance of the social theory of Henri Lefebvre for the study of law and the administrative state. Introducing Lefebvre to a legal audience, this book begins by surveying the importance of Lefebvre’s work within the social sciences, and outlining the ways in which it can inform both critical legal theory and other areas of critical legal studies, such as the emerging field of critical legal geography. Key themes that run through Lefebvre’s oeuvre are then considered in some detail, including his unorthodox, humanist approach to Marxist theory, his sociological and methodological work on everyday life, his theory of the production of space, his contribution to state theory and his concept of the ‘right to the city’. Drawing on political struggles which surround the production of space, Lefebvre’s theoretical categories, Chris Butler argues, suggest a new way for critical legal scholarship to conceptualise law: as a central component in the relationship between state power and the inhabitance of space. The elements of Lefebvre’s work thus offer not only an important perspective on how urban governance and public administration have been transformed by fundamental shifts in the architecture of the state, but also an opportunity to examine how this transformation contains the possibility of new forms of spatial citizenship. Selected Contents: Introduction: Critical Legal Studies and Henri Lefebvre 1. The Social Theory of Henri Lefebvre 2. Critical Legal Theory and the Production of Abstract Space 3. Law, the State and the Politics of Space 4. Administrative Power and the Rhythms of Everyday Life 5. The Right to the City and the Production of Differential Space. Conclusions and Openings September 2011: 234 x 156: 176pp Hb: 978-0-415-45967-9: £75.00 eBook: 978-0-203-88076-0

Niklas Luhmann: Law, Justice, Society Andreas Philippopoulos-Mihalopoulos, University of Westminster, London, UK

Niklas Luhmann: Law, Justice, Society presents the work of sociologist Niklas Luhmann in a radical new light. Luhmann’s theory is here introduced both in terms of society at large and the legal system specifically, and for the first time, Luhmann’s texts are systematically read together with theoretical insights from post-structuralism, deconstruction, phenomenology, radical ethics, feminism and post-ecologism. In his far-reaching book, Andreas Philippopoulos-Mihalopoulos distances Luhmann’s theory from its misrepresentations as conservative, rigorously positivist and disconnected from empirical reality, and firmly locates it in a sphere of post-ideological jurisprudence. The book operates both as a detailed explanation of the theory’s concepts and as the locus of a critique which brings forth Luhmann’s radical credentials. The focal points are Luhmann’s concept of society and the law’s paradoxical connection to justice. However, these concepts are also transgressed in order to show how the law deals with the illusion of its identity, and more broadly how the theory itself deals with its limitations. This is illustrated by examples drawn from human rights, constitutional theory and ecological thinking. On the whole, Niklas Luhmann: Law, Justice, Society serves both as an introductory text and as a critical response to Luhmann’s theory, and is recommended reading for students and researchers in sociology, law, social sciences, politics and whoever is interested in seeing the influential work of Niklas Luhmann from a critical new perspective. Selected Contents: Introduction. Society and its Law. Paradox. Law’s Other: Justice. Politics, Science, Economics, Religion and the Law. An Application: Environmental Law. Conclusion 2009: 234 x 156: 248pp Hb: 978-0-415-45108-6: £80.00 eBook: 978-0-203-87208-6 For more information, visit: www.routledge.com/9780415451086

For more information, visit: www.routledge.com/9780415459679

March 2011: 234 x 156: 224pp Hb: 978-0-415-47850-2: £75.00 For more information, visit: www.routledge.com/9780415478502

Nomikoi: Critical Legal Thinkers Series – Backlist Title

Author

Date

Format & ISBN

Price

Evgeny Pahukanis: A Critical Reappraisal www.routledge.com/9781904385752

Michael Head

2007

Hb: 978-1-904385-76-9 Pb: 978-1-904385-75-2 eBook: 978-0-203-94526-1

£90.00 £31.99

Judith Butler: Ethics, Law, Politics www.routledge.com/9780415420419

Elena Loizidou

2007

Hb: 978-1-904385-45-5 Pb: 978-0-415-42041-9 eBook: 978-0-203-94518-6

£95.00 £32.99

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Birkbeck Law Press NEW

Deleuze & Guattari: Emergent Law Jamie Murray, Liverpool John Moores University, UK Deleuze & Guattari: Emergent Law is an exposition and development of Deleuze & Guattari’s legal theory. Although there has been considerable interest in Deleuze & Guattari in critical legal studies, as well as considerable interest in legality in Deleuze & Guattari studies, this is the first book to focus exclusively on Deleuze & Guattari and law. Situating Deleuze & Guattari’s engagement with social organisation and legality in the context of their theory of ’abstract machines’ and ’intensive assemblages’, Jamie Murray presents their theory of law as that of a two-fold conception of, first, a transcendent molar law and, second, an immanent molecular emergent law. Transcendent molar legality is the traditional object of legal theory. And, as explicated here, immanent molecular emergent law is the novel juridical object that Deleuze & Guattari identify. Developing this conception, Deleuze & Guattari: Emergent Law draws out its implications for current and for future legal theory; arguing that it provides the basis for a new jurisprudence capable of creating new concepts of legality. Selected Contents: 1. The Deleuzian Ontology 2. The Deleuzian Epistemology 3. The Assemblage Theory of Legality 4. On Two Planes: Molar Law and Emergent Law 5. Social Machines: Topology of Regimes of Legalities 6. What is Deleuze & Guattari Critical Legal Theory? June 2011: 234 x 156: 192pp Hb: 978-0-415-49601-8: £75.00 For more information, visit: www.routledge.com/9780415496018

NEW

Giorgio Agamben: Power, Law and the Uses of Criticism Thanos Zartaloudis, Birkbeck College, University of London, UK

Giorgio Agamben: Power, Law and the Uses of Criticism is a thorough engagement with the thought of the influential Italian philosopher Giorgio Agamben. It explores Agamben’s work on language, ontology, power, law and criticism from the 1970s to his most recent publications.

Introducing Agamben’s work to a readership in legal theory, as well as in the humanities and social sciences more generally, Thanos Zartaloudis argues that an adequate understanding of Agamben’s Homo Sacer project requires an attention to his earlier philosophical writings on language, ontology, power and time. It is through this attentive and creative analysis of Agamben’s work that Zartaloudis here presents a rethinking of the ideas of justice and criticism. Selected Contents: 1. Sacred Foundations: Mythologemes of Law and Power 2. From Transcendental Sovereignty to Neo-Governmentality: The Oikonomia of Power 3. Secular Sovereignty: A Gigantomachy Over a Void 4. The Biopolitical Nomos of Insignificant Lives 5. The Sacrament of Power and the Sacrament of Language 6. The Experience of Potentiality 7. The Idea of Justice February 2010: 234 x 156: 352pp Hb: 978-0-415-44022-6: £80.00 eBook: 978-0-203-85971-1 For more information, visit: www.routledge.com/9780415440226

Jacques Derrida: Law as Absolute Hospitality Jacques De Ville Jacques Derrida: Law as Absolute Hospitality presents a comprehensive account, and understanding, of Derrida’s approach to law and justice. Through a detailed reading of Derrida’s texts, Jacques de Ville contends that it is only by way of Derrida’s broader deconstruction of the metaphysics of presence, and specifically in relation to the texts of Husserl, Levinas, Freud and Heidegger – that the reasoning behind his elusive works on law – including ’Before the Law’, ’Declarations of Independence’, ’Cogito and the History of Madness’, Given Time, ’Force of Law’ and Specters of Marx – can be grasped. Derrida is thus revealed as neither a postmodernist nor a critical political liberal; but as a radical revolutionary. It is Derrida’s notion of absolute hospitality that provides the basis of this argument. And, insofar as it gives expression to what Derrida understands by justice, it is this idea that de Ville elicits, and explains in relation to a range of contemporary ethical and political issues. A much needed account of Derrida’s influential approach to law, Jacques Derrida: Law as Absolute Hospitality will be an invaluable resource for those with interests in legal theory, and for those with interests in the ethics and politics of deconstruction. Selected Contents: Introduction. The Origins of Law. Declarations of Independence. Madness and the Law. The Gift and law. Force of Law. Rethinking Natural Law. Conclusion June 2011: 234 x 156: 240pp Hb: 978-0-415-61279-1: £75.00 For more information, visit: www.routledge.com/9780415612791

NEW IN 2012

Corporeality, Medical Technologies and Contemporary Culture Francisco Ortega, State University of Rio de Janeiro, Brazil Corporeality, Medical Technologies and Contemporary Culture engages the confusions and contradictions in current attitudes to, and practices of, the body. On the one hand, the body is where we turn for the certainties of nature; yet, on the other, it is the locus of a desire for permanent transformation and for constant reinvention. The body is at the same time worshipped and despised: so that now it has come to constitute not just an object of desire, but an object of design. Addressing practices of corporeal ascesis – such as bodybuilding and dietetics – medical technologies – such as plastic surgery, prosthetics, and pharmacological interventions – and radical anatomical modifications – such as voluntary amputations, Francisco Ortega analyses how the body has become a screen for the projection of our ideas and imaginings about ourselves; and has also been turned into an object of suspicion, fear, anxiety, insecurity and discomfort. From the disembodied ideal of the digital purity of models – in which every little piece of fat is digitally eliminated – through the disembodiment implicit in social constructivist rejections of materiality, to the various projects of virtual reality, artificial intelligence, and posthumanism, Corporeality, Medical Technologies and Contemporary Culture documents the ambiguous legacy of a Western theoretical tradition that has always despised the body. Selected Contents: 1. The Body between Constructivism and Phenomenology 2. From the Submitted Body to the Submission to the Body 3. Body Modifications in Contemporary Culture 4. The Transparent Body: Towards a History of the Medical Visualization of the Body February 2012: 234 x 156: 224pp Hb: 978-0-415-59322-9: £75.00 For more information, visit: www.routledge.com/9780415593229

Human Rights, or Citizenship? Paulina Tambakaki, University of Westminster, UK

Human Rights, or Citizenship? questions whether the evident displacement of the concept of the citizen by human rights can lead us to a more equitable politics.

Selected Contents: Introduction 1. Citizenship and Human Rights in Tension. Changes, Issues and Approaches 2. Privileging Human Rights 3. The Illusive Promise of Human Rights 4. Politics and Legalism 5. Back to Citizenship, An Agonistic Conception. Conclusion: And Human Rights? January 2010: 234 x 156: 168pp Hb: 978-0-415-48163-2: £75.00 eBook: 978-0-203-88077-7 For more information, visit: www.routledge.com/9780415481632

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Revenge versus Legality

NEW

New Critical Legal Thinking

Wild Justice from Balzac to Clint Eastwood and Abu Ghraib

The Politics of Imagination

Law and the Political Edited by Matthew Stone, Illan rua Wall, Oxford Brookes University, UK and Costas Douzinas, Birkbeck, University of London, UK New Critical Legal Thinking articulates a newly-emergent stream of politically engaged contemporary critical legal scholarship. Combining grand theory with a concern for grounded political interventions, the various contributors to this book draw on established theorists, such as Hegel, Lacan, and Foucault, in order to understand contemporary legal matters, such as the war on terror, the recent global economic crisis and the emergence of biopolitics. The contributions instantiate the fact that a new, timely and cohesive ‘school’ of political legal scholarship has come into being: one which critically interrogates, and intervenes in, the contemporary relationship between law and power. Selected Contents: General Introduction, Matthew Stone, Illan rua Wall, Costas Douzinas Part 1: The State, Violence and Bio-Power A Biopolitics of Criminal Law, Ben Golder Being, Nothing, Becoming: Hegel and the Legal Order, Tarik Kochi The Normative Sources of Empire, Costas Douzinas Constituent Power and Numbers: Economic Limits to Political Representation, Carolina Olarte Olarte Fortune and Nemesis, Vincent Keter Resignation or Abandonment?, Jason Backett Part 2: Resistance, Dissensus and The Subject Foucault, Agamben and the Right to Intervene, Jessica Whyte In the Ruins of the Symbolic: Political Protest and Parody in Lacan and Agamben, Connal Parsley and Juliet Rogers The Hidden Constituent Power of Another Human Rights, Illan rua Wall Struggle, Spectacle and a Radically New Use of the Self, Richard Bailey Somacognition: Political Praxis and the Post-Colonial, Brenna Bhandar Part 3: Futures of Critical Legal Thinking Before the Law, Encounters at the Borderline, Elena Loizidou Open Veins of Critique, Oscar Guardiola-Rivera Law as Ontology, Matthew Stone Towards a Radical Cosmopolitanism: Law, Freedom and World Creation, Gilbert Leung October 2011: 234 x 156: 240pp Hb: 978-0-415-61957-8: £75.00 For more information, visit: www.routledge.com/9780415619578

Katherine Maynard, Rider University, USA, Jarod Kearney and James Guimond, Rider University, USA

In the wake of Guantanamo Bay, extraordinary renditions, and secret torture centres in Eastern Europe and elsewhere, Revenge versus Legality addresses the relationship between law and wild or vigilante justice; between the power to enforce retribution and the desire to seek revenge. Taking up a variety of narratives from the eras of Romanticism, Realism, Modernism and the Contemporary period, and including new theories to explain the interactions that occur between legalistic courtroom justice and the vigilante variety, Revenge versus Legality analyzes some of the main obstacles to justice, ranging from judicial corruption, to racism and imperialism. The book culminates in a consideration of that form of crime or lawlessness that poses the most serious threat to the rule of law: vigilante justice masquerading as legality. With its mixture of politics, literature, law, and film, this lively and accessible book offers a timely reflection on the enduring phenomenon of revenge.

Selected Contents: 1. Introduction 2. Revenge and the Detective Tradition: When Dogs Don’t Bark, and Detectives Don’t Tell 3. Some Like it Wild: Supernatural Revenge in Sheridan Le Fanu’s Mr. Justice Harbottle 4. Law and the Romantic Ego: Conspiracy and Justice in Honore de Balzac’s Le Pere Goriot 5. Justice, Race, and Revenge in Twain’s Pudd’nhead Wilson 6. The Empire Strikes Back: Imperialism and Justice in E.M. Forster’s A Passage to India 7. Race, Sex, Fear, Revenge in Richard Wright’s Native Son 8. State Terrorism and Revenge in Andre Brink’s A Dry White Season 9. Rogue Cops and Beltway Vigilantes April 2010: 234 x 156: 228pp Hb: 978-0-415-56016-0: £75.00 eBook: 978-0-203-85437-2 For more information, visit: www.routledge.com/9780415560160

Edited by Chiara Bottici, University of Florence, Italy and Benoít Challand, University of Bologna, Italy and Graduate Institute for International and Development Studies, Geneva, Switzerland The Politics of Imagination offers a multidisciplinary perspective on the contemporary relationship between politics and the imagination. What role does our capacity to form images play in politics? And can we define politics as a struggle for people’s imagination? As a result of the increasingly central place of the media in our lives, the political role of imagination has undergone a massive quantitative and a qualitative change. As such, there has been a revival of interest in the concept of imagination, as the intimate connections between our capacity to form images and politics becomes more and more evident. Bringing together scholars from different disciplines and theoretical outlooks, The Politics of Imagination examines how the power of imagination reverberates in the various ambits of social and political life: in law, history, art, gender, economy, religion and the natural sciences. Selected Contents: Part 1: Politics and Imagination 1. From Imagination to the Imaginary and Beyond: Towards a Theory of Imaginal Politics Chiara Bottici 2. Politics at its Best: Reasons that Move the Imagination Alessandro Ferrara 3. Another Enlightenment: Spinoza’s the Politics of Imagination and the Origins of Critical Theory Thomas Hippler Part 2: The Origins: Universalism Vs Particularism 4. From Soul to Mind: Psychology and Political Imagination Adriano Bugliani 5. Political Imagination and the Linguistic Turn of Cognitive Capitalism: The Market as an Economic-Symbolic Machine Laura Bazzicalupo 6. The Imaginary Domain and the Politics of Rights Costas Douzinas 7. Imagining the West, Seeing Race. Social Sciences and Political Imagination Alana Lentin 8. Politics and Messianic Imagination Armando Salvatore 9. Religion and the Struggle for People’s Imagination: The Case of Contemporary Islamism Benoit Challand Part 3: Representation and Revolution 10. Historical Imaginary and the Politics of History Hayden White 11. Literature as Public Reasoning in the Political Struggles Over Imagination Meili Steele 12. The Feminist Imagination: The Aesthetic Role of Critique and Representation María Pía Lara 13. Visual Studies and Global Imagination Susan Buck-Morss March 2011: 234 x 156: 224pp Hb: 978-0-415-60154-2: £75.00 For more information, visit: www.routledge.com/9780415601542

Birkbeck Law Press Series – Backlist Title

Author

Date

Format & ISBN

Price

Being against the World www.routledge.com/9780415459464

Oscar Guardiola-Rivera

2008

Hb: 978-0-415-45945-7 Pb: 978-0-415-45946-4 eBook: 978-0-203-93076-2

£90.00 £31.99

Beyond Transcendence in Law and Philosophy www.routledge.com/9781859419854

Louis E. Wolcher

2005

Hb: 978-1-85941-988-5 Pb: 978-1-85941-985-4

£90.00 £33.99

Constitutions www.routledge.com/9780415431934

Judith Pryor

2007

Hb: 978-0-415-43192-7 Pb: 978-0-415-43193-4 eBook: 978-0-203-94063-1

£100.00 £33.99

The Eye of the Law www.routledge.com/9780415472746

Michael Stolleis

2008

Hb: 978-0-415-47273-9 Pb: 978-0-415-47274-6 eBook: 978-0-203-88981-7

£80.00 £19.99

The Four Lacanian Discourses ww.routledge.com/9780415464826

Jeanne Lorraine Schroeder

2008

Hb: 978-0-415-46482-6 eb: 978-0-203-89365-4

£80.00

Law and Sacrifice www.routledge.com/9781859419878

Edited by Johan Van der Walt

2005

Hb: 978-1-85941-986-1 Pb: 978-1-85941-987-8

£90.00 £31.99

The Legality of Boxing www.routledge.com/9780415429320

Jack Anderson

2007

Hb: 978-0-415-42932-0 eb: 978-0-203-94506-3

£95.00

Sovereignty and its Discontents www.routledge.com/97801859419847

William Rasch

2004

Pb: 978-1-85941-984-7

£33.99

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The Other’s War Recognition and the Violence of Ethics Tarik Kochi, Queens University Belfast, UK

The Other’s War is an intervention into a set of contemporary moral, political and legal debates over the legitimacy of war and terrorism within the context of the so-called global War on Terror. Tarik Kochi considers how, despite the variety of its approaches – just war theory, classical realist, post-Kantian, poststructuralist – contemporary ethical, political and legal philosophy still struggles to produce a convincing account of war. Focusing on the philosophical problem of the rightness of war, The Other’s War responds to this lack. Through a discussion of a number of key Western intellectual traditions, Kochi demonstrates how often conflicting and contradictory conceptions of war’s rightness have developed in modernity. He shows how a process of ordering violence around different notions of right has constantly redrawn the boundaries of what constitutes ‘legitimate’ violence. Such a process has consequences for anyone who claims to be fighting a ‘just war’. Building upon this account and drawing upon the philosophical heritage of G.W.F. Hegel and Ernst Bloch, The Other’s War proposes a new understanding of war, not just as a social condition characterised by violent conflict and struggles for power, but as the attempt of individuals and groups to realise their normative claims through violence. Kochi argues that both of these aspects of war are an expression of the metaphysics of human subjectivity. War begins with, and is the radical exaggeration of, a fundamental activity of human subjectivity, in which the subject constitutes its normative and material identity; realising and positing itself through acts that involve negation and violence. By drawing consideration of the problem of war back to the level of a philosophical examination of the metaphysics of human subjectivity, The Other’s War develops a novel theory of war that helps us to better understand the nature of contemporary conflict as a process of recognition. From this perspective, judgment, it is concluded, needs to be constantly guided by the effort to recognise the ethics of the other’s war.

Selected Contents: Introduction 1. A Critique of Just War 2. The Juridical Ordering of War 3. The Challenge of Morality 4. The Ethics of Recognition 5. A Politics of Violence 6. Developing a Theory of War 7. Judging War and Terror 2009: 234 x 156: 288pp Hb: 978-0-415-48270-7: £85.00 Pb: 978-0-415-57143-2: £27.99 eBook: 978-0-203-88220-7 For more information, visit: www.routledge.com/9780415571432

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Discourses of Law NEW

The Land is the Source of the Law A Dialogic Encounter with Indigenous Jurisprudence C.F. Black, Griffith University, Australia

The Land is the Source of Law brings an inter-jurisdictional dimension to the field of indigenous jurisprudence: comparing Indigenous legal regimes in New Zealand, the USA and Australia, it offers a ‘dialogical encounter with an Indigenous jurisprudence’ in which individuals are characterised by their rights and responsibilities into the Land.

Though a relatively ’new’ field, indigenous jurisprudence is the product of the oldest continuous legal system in the world. Utilising a range of texts – films, novels, poetry, as well as ’law stories’ CF Black blends legality and narrative in order to redefine jurisprudentia in indigenous terms. This re-definition gives shape to the jurisprudential framework of the book: a shape that is not just abstract, but physical and metaphysical; a shape that is circular and concentric at the same time. The outer circle is the cosmology, so that the human never forgets that they are inside a universe – a universe that has a law. This law is found in the second circle which, whilst resembling the ancient Greek law of physis is a law based on relationship. This is a relationship that orders the placing of the individual in the innermost circle, and which structures their rights and responsibilities into the land. The jurisprudential texts which inform the theoretical framework of this book bring to our attention the urgent message that the Djang (primordial energy) is out of balance, and that the rebalancing of that Djang is up to the individual through their lawful behaviour, a behaviour which patterns them back into land. Thus, The Land is the Source of the Law concludes not only with a diagnosis of the cause of climate change, but a prescription which offers an alternative legal approach to global health. Selected Contents: Part 1: The Journey Begins 1. My Camp 2. The Camp of the Talngai-Gawarima Part 2: Camps of the Senior Law Men 3. Feeling the Djang: The Camp of Senior Law Man Neidjie 4. The Spider or the Web? The Camp of Senior Law Man Mowaljarlai 5. Health and Land: The Camp of Wandjuk Marika Part 3: Travelling the Land 6. The Journeys – Moving between Camps 7. The Camp of ‘Caring for Country’: The World of Plains of Promise 8. The Camp from Turtle Island: Thunderheart 9. The Camp from the Sparkling Waters of the Pacific Part 4: Completing the Circle 10. The End of the Journey: A Camp of Contemporary Concerns September 2010: 234 x 156: 224pp Hb: 978-0-415-49756-5: £75.00 Pb: 978-0-415-49757-2: £22.99 eBook: 978-0-203-84438-0 For more information, visit: www.routledge.com/9780415497572

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Sex, Culpability and the Defence of Provocation Danielle Tyson, Monash University, Australia Dealing with the complex case law concerning the use of the provocation defence in cases of intimate killings, Sex, Culpability and the Defence of Provocation considers the construction and representation of subjectivity and sexual difference in legal narrations of homicide. Undeniably, the most vexing exculpatory cultural narrative of our times is that of a woman ’asking for it’. Addressing the operation of the criminal law on provocation across different international jurisdictions, this book explores how the process of judgment in a criminal trial involves not only the drawing of inferences from the ‘facts’ of a particular case, but also operates to deliver a narrative. Law, it is argued, constructs a narrative of how the female body incites male violence. And, pursuing an approach that is informed by socio-legal studies, literary theory and feminist theories of the body, Sex, Culpability and the Defence of Provocation considers how this narrative is constructed via a range of discursive practices that position woman as a threat to masculine norms of propriety and autonomy. Selected Contents: Introduction: Feminist Critiques of Law and Legal Reasoning: International Debates 1. Bridling Scolds 2. Losing it! Honour, Insult and the Minds of ’Chivalrous’ Men 3. Culpable Subjects: Representations of Sex, Blame and Responsibility in Murder Trials 4. Provocative Reforms? From Victim Blame to Equality Rights 5. Critical Fictions: Challenging Men’s Violence and ’Hegemoni’ Masculinity 6. Sex, Blame and Responsibility in the Cultural Realm: Shifting Perceptions. Concluding Remarks: Resisting Dominant Discourses: Rereading and Rewriting Critically July 2011: 234 x 156: 224pp Hb: 978-0-415-56017-7: £80.00 Pb: 978-0-415-56020-7: £21.99 For more information, visit: www.routledge.com/9780415560207

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The Rule of Reason in European Constitutionalism and Citizenship Yuri Borgmann-Prebil, University of Sussex, UK Identifying crucial deficiencies in the legal theories of Hart and Dworkin, The Rule of Reason in European Constitutionalism and Citizenship draws on the work of Habermas and Alexy in order to elaborate a new juridical conception of citizenship. Taking Europe as its focus, the central substantive argument of the book is that a ’rule of reason’ governs supranational constitutionalism. Addressing the free movement law of the internal market, and recently developed case law on the free movement of citizens, it shows how the contours of European and member state legal systems, as well as European and national citizenship, are delimited through an ongoing judicial discourse. The constant drawing and re-drawing of the boundaries of member state and European law is negotiated in a judicial conversation that, it is argued, constitutes a key characteristic of supranational constitutionalism: one that supports a thin, juridical, and essentially rights based, conceptualisation of European citizenship. March 2011: 234 x 156: 176pp Hb: 978-0-415-56529-5: £75.00 Pb: 978-0-415-56530-1: £21.99 For more information, visit: www.routledge.com/9780415565301

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Shakespearean Genealogies of Power

Novel Judgements

A Whispering of Nothing in Hamlet, Richard II, Julius Caesar, Macbeth, The Merchant of Venice, and The Winter’s Tale

Legal Theory as Fiction

Anselm Haverkamp, New York University, USA

Novel Judgements addresses the ways in which jurisprudential ideas and themes are embedded and explored within nineteenth-century Anglo-American prose fiction. The nineteenth-century is the crucible of the ’juridical imaginary’; that is, of the jurisprudential ideas and concepts which inform the law to this day. The novel not only participates actively in the construction of this juridical imaginary, devising memorable tropes and figures of law and its theory, it goes even further: providing a critique of that construction which points the reader towards a new juridical imaginary, one which may re-imagine, for example, the ’command of the sovereign’ (Pride and Prejudice), the ethics of law (Ivanhoe), or the ’rights of (wo)man’ (Frankenstein). As dramatisations of the principal issues and movements of nineteenth-century legal theory, these novels may therefore be read jurisprudentially. For, as William MacNeil demonstrates, they make novel judgments about legal theory – judgments which not only finds it wanting, but which also carry with them a potential for transforming a juridical imaginary that is still with us.

Shakespearean Genealogies of Power proposes a new view on Shakespeare’s involvement with the legal sphere: as a visible space between the spheres of politics and law and well able to negotiate legal and political, even constitutional concerns, Shakespeare’s theatre opened up a new perspective on normativity. His plays reflect, even create, ’history’ in a new sense on the premises of the older conceptions of historical and legal exemplarity: examples, cases, and instances are to be reflected rather than treated as straightforwardly didactic or salvific. Thus, what comes to be recognized, reflected and acknowledged has a disowning, alienating effect, whose enduring aftermath rather than its theatrical immediacy counts and remains effective. In Shakespeare, the law gets hold of its normativity as the problematic efficacy of unsolved – or rarely ever completely solved – problems: on the stage of the theatre, the law has to cope with a mortgage of history rather than with its own success story. The exemplary interplay of critical cultural and legal theory in the twentiethcentury – between Carl Schmitt and Hans Kelsen, Walter Benjamin and Ernst Kantorowicz, Hans Blumenberg and Giorgio Agamben, Robert Cover and Niklas Luhmann – found in Shakespeare’s plays its speculative instruments.

William P. MacNeil, Griffith University, Australia

March 2011: 234 x 156: 224pp Hb: 978-0-415-45914-3: £75.00 • Pb: 978-0-415-45915-0: £21.99 eBook: 978-0-203-93086-1 For more information, visit: www.routledge.com/9780415459150

October 2010: 234 x 156: 192pp Hb: 978-0-415-59344-1: £75.00 • Pb: 978-0-415-59345-8: £22.99 eBook: 978-0-203-84028-3

NEW

For more information, visit: www.routledge.com/9780415593458

Crime Scenes

NEW

Forensics and Aesthetics

Visualizing Law in the Age of the Digital Baroque

Rebecca Scott Bray, University of Sydney, Australia Focusing upon the representations that take place in law, forensic medicine, criminology and culture, Crime Scenes examines the ways in which knowledge about crime, death and the dead body is produced.

Arabesques and Entanglements Richard K. Sherwin Visualizing Law in the Age of the Digital Baroque explores the profound impact that visual digital technologies are having on the practice, theory, and teaching of law. Today, lawyers, judges, and lay jurors face a vast array of visual evidence and visual argument. From videos documenting injuries, crimes, and accidents, to computer displays of their digital simulation, increasingly, the search for fact-based justice inside the courtroom is becoming an offshoot of visual ‘meaning- making’. But when law migrates to the screen it lives there as other images do, motivating belief and judgment on the basis of visual delight and unconscious fantasies and desires as well as actualities. Law as image also reflects current cultural anxieties concerning not only the truth of the image, but also the mimetic capacity itself, the human ability to represent reality. What is real, and what is simulation? This is the hallmark of the baroque, when dreams fold into dreams, like an all too vivid video game or immersion in a seemingly endless matrix of digital appearances. As the reality of fact-based justice recedes, laws proliferate within a field of uncertainty and longing. Left unchecked, this condition of ontological and ethical uneasiness threatens the legitimacy of law’s claim to power. To meet this crisis, Visualizing Law in the Digital Age of the Digital Baroque offers both a cultural diagnostic, identifying the contemporary cultural conditions in which law lives as a digital image on the screen, and a normative response, arguing for an affirmative, post-positivist jurisprudential paradigm that is adequate to the challenge these conditions present.

Forensic and medico-legal practices are charged with ‘handling’ the dead (who cannot speak for themselves) and do so primarily by making injurious events visible so that the law might pass judgment. The image is thus a key site for interpreting and reconstructing the past in legal discourse. Arguing that the images (photographic images, autopsy pictures, legal testimonies) and the narratives generated through their production are the prisms through which crime and death are seen and comprehended within law, Crime Scenes explores the tension exhibited by images, as both evidential and imaginative products. Key forensic and legal spaces – such as the crime scene, the mortuary and the courtroom – as well as key methods of representing crime and death – police photography, mortuary photography and the autopsy, and legal testimony – are considered in relation to the non-legal use of historical forensic photographs, the broader cultural fascination with such images, and the canon of mortuary art quarried from medico-legal domains. The formal ‘forensic’ image, it is argued, is a site of conjecture. And its various aspects are elucidated here through an examination of the creation and the exhibition of forensic images, and the trouble that emerges when discursive boundaries – such as those between law and art – begin to haemorrhage. June 2011: 234 x 156: 240pp Hb: 978-0-415-48390-2: £75.00 • Pb: 978-0-415-48391-9: £21.99 eBook: 978-0-203-09139-5 For more information, visit: www.routledge.com/9780415483919

April 2011: 234 x 156: 224pp Hb: 978-0-415-61290-6: £75.00 • Pb: 978-0-415-61293-7: £22.99 For more information, visit: www.routledge.com/9780415612937

Discourses of Law Series – Backlist Title

Author

Date

Format & ISBN

Price

Endowed www.routlegde.com/9780415950619

Michael Thompson

2007

Hb: 978-0-415-95060-2 Pb: 978-0-415-95061-9

£90.00 £28.34

Law, Orientalism, and Postcolonialism www.routledge.com/9780415962247

Piyel Haldar

2007

Hb: 978-0-415-96223-0 Pb: 978-0-415-96224-7 eBook: 978-0-203-93792-1

£80.00 £24.99

Nietzsche and Legal Theory www.routledge.com/9780415950800

Mariana Valverde

2005

Hb: 978-0-415-95079-4 Pb: 978-0-415-95080-0

£100.00 £26.99

Complimentary Exam Copy

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l e ga l t h e o ry

Routledge Research in Legal Ethics NEW

The Ethics Project in Legal Education Edited by Michael Robertson, University of Queensland, Australia, Lillian Corbin, La Trobe University, Australia, Kieran Tranter and Francesca Bartlett, both at University of Queensland, Australia The contributions in this volume suggest that ’the ethics project in legal education’ is increasingly an international one. Even though the strength of commitment by both the profession and the legal academy to ’ethics learning’ within law schools varies, two fundamental questions confront all who work in this area. First, what is it that we want our students to learn (or, perhaps, in what manner do we want our students to develop) from the teaching of ’legal ethics’? Second, how can we create a learning environment that will encourage the nature and quality of learning we think is important? All the contributors to this volume take a strong stand on the importance of ethical legal practice and the role of law schools in developing students’ capacities in this area. They share a belief in the essential need to encourage law students to engage with the moral dimensions of legal practice. The questions that these scholars grapple with are therefore not of the ’should we be teaching this?’ variety, but ’how might we best to go about doing this, so that our efforts within law schools really make some difference?’ Each of the chapters in this volume adds uniquely to our understanding of these matters. Selected Contents: 1. Introduction, Michael Robertson, Lillian Corbin, Kieran Tranter and Francesca Bartlett 2. Taking Values Seriously: The Democratic Intellect and the Place of Values in the Law School Curriculum, Julian Webb 3. ‘Represent a Murderer... I’d Never Do That!’ How Students Use Stories to Link Ethical Development and Identity Construction, Cassandra Sharp 4. Experience is the Only Teacher: Bringing Practice to the Teaching of Ethics, David F. Chavkin 5. Developing Professional Judgement: Law School Innovations in Response to the Carnegie Foundation’s Critique of American Legal Education, Clark D. Cunningham and Charlotte Alexander 6. A South African Response to Ethics in Legal Education, Helen Kruuse 7. Bioethical Principles as Signposts for Ethical Legal Practice, David McQuoid-Mason 8. Towards Ethical Literacy by Enhancing Reflexivity in Law Students, Lynda Crowley-Cyr 9. Learning in Justice: Ethical Education in an Extra-Curricular Law Clinic, Donald Nicolson 10. Reading Reported Cases Through a Legal Ethics Lens, Linda Haller 11. Coming to Terms with Legal Ethics Assessment, Justine Rogers October 2010: 234 x 156: 248pp Hb: 978-0-415-54651-5: £75.00 eBook: 978-0-203-84085-6 For more information, visit: www.routledge.com/9780415546515

Reaffirming Legal Ethics

NEW

Taking Stock and New Ideas

Alternative Perspectives on Lawyers and Legal Ethics

Edited by Kieran Tranter, Francesca Bartlett, both at Griffith University, Australia, Lillian Corbin, La Trobe University, Australia, Michael Robertson, all at Griffith University, Australia and Reid Mortensen, University of Southern Queensland, Australia It has been over thirty years since the founding crises that birthed legal ethics as both a field of study and a discrete field of law. In that time thinking about the ethical dimension of legal practice has taken several turns: from justifications of zealous advocacy, to questions of process and connections to specifically legal values, to more recently consideration of legal conduct as part of a wider field of virtue. Parallel to this dynamism of thought, there has also been significant changes in how legal professions, especially within those that possess a common law heritage, have been regulated and the values and conceptions of legitimate conduct that has informed this regulation. This volume represents an opportunity for a comprehensive review of legal ethics as an international movement. Contributors include many of the key participants to the legal ethics field from the United States, United Kingdom, Canada, Australia, New Zealand and South Africa, including David Luban and Deborah Rhode, as well as many of the recognised emerging thinkers. The theme of the book is taking stock of the last thirty years of legal ethics practice and scholarship and also a forum for new ideas and new thinking regarding the conduct of lawyers and the moral and social responsibility of the legal profession. The contributions also consider the topic of dynamism. Over the last decade significant developments in both the expectations of professional conduct and the regulation of the profession has been experienced in all jurisdictions, which has seen traditional, and once sacred, conceptions of lawyering challenged and re-evaluated. Selected Contents: 1. Introduction, Kieran Tranter, Francesca Bartlett, Lillian Corbin, Reid Mortensen and Mike Robertson 2. The Philosophical Foundations of Legal Ethics: A Roundtable Moderator Christine Parker 3. Personal Integrity and Professional Ethics, Deborah L. Rhode 4. Legal Advising and the Rule of Law, W. Bradley Wendel 5. Tales of Terror: Lessons for Lawyers from the ‘War on Terrorism’ David Luban 6. Legal Ethics in a Post-Westphalian World: Building the International Rule of Law and Other Tasks, Charles Sampford 7. An Opportunity for the Ethical Maturation of the Law Firm: The Ethical Implications of Incorporated and Listed Law Firms, Christine Parker 8. Carnegie’s Missing Step: Prescribing Lawyer Retraining, Lawrence K. Hellman 9. Professionalism and Pro Bono Public, Lorne Sossin 10. The Psychology of Good Character: The Past, Present and Future of Good Character Regulation in Canada, Alice Woolley and Jocelyn Stacey 11. The ‘Self-Regulation’ Misnomer, Fred C. Zacharias 12. Why Good Intentions are Often not Enough: The Potential for Ethical Blindness in Legal Decision-Making, Kath Hall June 2010: 234 x 156: 240pp Hb: 978-0-415-54653-9: £75.00 eBook: 978-0-203-84935-4 For more information, visit: www.routledge.com/9780415546539

Browse and order online: www.routledge.com/law

Reimagining the Profession Edited by Reid Mortensen, University of Southern Queensland, Australia, Francesca Bartlett, University of Queensland, Australia and Kieran Tranter, Griffith University, Australia The book features important contributions taking contemporary and non-mainstream perspectives on legal ethics and the legal profession. The volume provides insights into legal culture and ethics in a range of countries and makes connections between countries providing valuable insights into developments in the profession at the local and global level. Selected Contents: 1. Introduction, Francesca Bartlett, Reid Mortensen and Kieran Tranter 2. Global Continental Shifts to a New Governance Paradigm in Lawyer Regulation and Consumer Protection: Riding the Wave, Judith L. Maute 3. Our Common Future: The Imperative for Contextual Ethics in a Connected World, Vivien Holmes and Simon Rice 4. The Emperor’s New Clothes: From Atticus Finch to Denny Crane, Paula Baron 5. Doing Good by Stealth: Professional Ethics and Moral Choices in The Verdict and Regarding Henry, Rachel Spencer 6. Solicitors as Imagined Masculine, Family Mediators as Fictive Feminine and the Hybridization of Divorce Solicitors, Lisa Webley 7. Stein’s Ethic of Care: An Alternative Perspective to Reflections on Women Lawyering, Elizabeth Gachenga 8. Gender, Ethics and the Discretion Not to Prosecute in the ‘Interests of Justice’ Under The Rome Statute for the International Criminal Court, Tina Dolgopol 9. Exploring the Potential of Contextual Ethics in Mediation, Rachael Field 10. Nefarious Conduct and the ‘Fit and Proper Person’ Test, Duncan Webb 11. Legal Ethics and Regulatory Legitimacy: Regulating Lawyers for Personal Misconduct, Alice Woolley 12. The Problem of Mental Ill-Health in the Profession and a Suggested Solution, Michelle Sharp August 2010: 234 x 156: 304pp Hb: 978-0-415-54652-2: £75.00 eBook: 978-0-203-84688-9 For more information, visit: www.routledge.com/9780415546522

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Social Justice NEW

Anarchism & Sexuality Ethics, Relationships and Power Edited by Jamie Heckert and Richard Cleminson, University of Leeds, UK Anarchism & Sexuality aims to bring the rich and diverse traditions of anarchist thought and practice into contact with contemporary questions about the politics and lived experience of sexuality. Both in style and in content, it is conceived as a book that aims to question, subvert and overflow authoritarian divisions between the personal and political; between sexual desires categorised as heterosexual or homosexual; between seemingly mutually exclusive activism and scholarship; between forms of expression such as poetry and prose; and between disciplinary categories of knowledge. Anarchism & Sexuality seeks to achieve this by suggesting connections between ethics, relationships and power, three themes that run throughout. The key objectives of the book are: to bring fresh anarchist perspectives to debates around sexuality; to make a queer and feminist intervention within the most recent wave of anarchist scholarship; and to make a queerly anarchist contribution to social justice literature, policy and practice. By mingling prose and poetry, theory and autobiography, it constitutes a gathering place to explore the interplay between sexual and social transformation. This book will be of use to those interested in anarchist movements, cultural studies, critical legal theory, gender studies, and queer and sexuality studies. Selected Contents: 1. Ethics, Relationships and Power: An Introduction, Jamie Heckert and Richard Cleminson 2. Alexander Berkman: Sexual Dissidence in the First Wave Anarchist Movement and Its Subsequent Narratives, Jenny Alexander 3. Nobody Knows What an Insurgent Body Can Do: Questions for Affective Resistance, Stevphen Shukaitis. Poetic Interlude I, Helen Moore 4. Postanarchism and the Contrasexual Practices of the Cyborg in Dildotopia or ‘The War on the Phallus’, Lena Eckert 5. On Anarchism: An Interview with Judith Butler, Jamie Heckert. Poetic Interlude II, Tom Leonard 6. Love and Revolution in Le Guin’s Four Ways to Forgiveness, Laurence Davis 7. Structures of Desire: Postanarchist Kink in the Speculative Fiction of Octavia Butler and Samuel Delany, Lewis Call 8. Fantasies of an Anarchist Sex Educator, Jamie Heckert. Poetic Interlude III, J. Fergus Evans and Helen Moore 9. Sexuality Issues In The Czech Anarchist Movement, Marta Kolárˇ ová 10. Amateurism and Anarchism in the Creation of Autonomous Queer Spaces, Gavin Brown. Afterword: On the Phenomenology of Fishbowls, Kristina Nell Weaver April 2011: 234 x 156: 240pp Hb: 978-0-415-59989-4: £75.00 For more information, visit: www.routledge.com/9780415599894

NEW IN 2012

Power, Politics and the Emotions Impossible Governance? Shona Hunter, University of Leeds, UK Offering a provocative and innovative theorisation of governance as relational politics, the central argument of Power, Politics and the Emotions is that there are complex sets of emotional dynamics which complicate the already contested terrain of social policy-making. Equality and diversity are increasingly central components of governance in Western democracies. Arising from the particular social, cultural and political conditions of the late twentieth century, they constitute an important component of the new ethico-politics or life politics, another important element of which is the turn to the emotions. These developments make us think again about the changing processes of governance and shifting relations between institutions, governors and citizens. And Power, Politics and the Emotions uses controversy over diversity and equality policies as a lens through which to explore these broader developments. Contra rationalist accounts of governance, relational politics is the messy, incoherent, ambivalent and often contradictory processes of governance which structure and are structured through social and affective dynamics. Analysing the everyday processes of this relational politics through original empirical studies into equalities work and policy in health, social care, education and the voluntary and community sector, the book develops an innovative interdisciplinary theoretical synthesis which engages with and extends work in political science, cultural theory, critical psychoanalysis and social studies of science and technology/sociology of translation. It will be of interest to a wide range of higher level students and scholars in sociology, social and public policy, legal studies, politics, cultural studies, psychology and psychosocial studies, as well as professional policy-makers and practitioners in the field of equalities in general and in health, social care and education. Selected Contents: 1. Introduction: Making False Policy Promises Part 1: Policy from a Feminist Psychosocial Perspective 2. Connecting the Radical Heart of Policy Analysis to its Head 3. Equalities Policy as Relational Hinterland Part 2: The Relational Politics of Policy Making 4. The Politics of Ontological Detachment and Relational Connection 5. The Circulation and Distribution of Good and Bad Feeling 6. Sustaining Collective Challenges to Policy Monoliths 7. Mobilising Fictions; on Victims and Saviours 8. Conclusion: Taking Policy Stands March 2012: 234 x 156: 224pp Hb: 978-0-415-55510-4: £75.00 For more information, visit: www.routledge.com/9780415555104

NEW

Regulating Sexuality Legal Consciousness in Lesbian and Gay Lives Rosie Harding, University of Keele, UK

Regulating Sexuality: Legal Consciousness in Lesbian and Gay Lives explores the impact that recent seismic shifts in the legal landscape have had for lesbians and gay men. The last decade has been a time of extensive change in the legal regulation of lesbian and gay lives in Britain, Canada and the US. Almost every area where the law impacts on sexuality has been reformed or modified. These legal developments combine to create a new, uncharted terrain for lesbians and gay men. And, through an analysis of their attitudes, views and experiences, this book explores the effects of these developments. Drawing on, and developing, the concept of ‘legal consciousness’, Regulating Sexuality focuses on four different ‘texts’: qualitative responses to a large-scale online survey of lesbians’ and gay men’s views about the legal recognition of same sex relationships; published auto/biographical narratives about being and becoming a lesbian or gay parent; semi-structured, in-depth, interviews with lesbians and gay men about relationship recognition, parenting, discrimination and equality; and fictional utopian texts. In this study of the interaction between law and society in social justice movements, Rosie Harding interweaves insights from the new legal pluralism with legal consciousness studies to present a rich and nuanced exploration of the contemporary regulation of sexuality. Selected Contents: 1. Introduction: Law, Sexuality and Everyday Life 2. Legal Consciousness in Lesbian and Gay Lives 3. Reconsidering Resistance 4. From ‘Outlaws’ to ‘In-Laws’? 5. Stories of Law 6. Recognising Regulation 7. Imagining a Different World 8. Afterword September 2010: 234 x 156: 216pp Hb: 978-0-415-57438-9: £75.00 eBook: 978-0-203-84427-4 For more information, visit: www.routledge.com/9780415574389

Social Justice Series Backlist Title

Author

Date

Format & ISBN

Price

Intersectionality and Beyond www.routledge.com/9780415432436

Edited by Emily Grabham, Davina Cooper, Jane Krishnadas and Didi Herman

2008

Hb: 978-0-415-43242-9 Pb: 978-0-415-43243-6 eBook: 978-0-203-89088-2

£90.00 £29.99

Complimentary Exam Copy

e-Inspection New in Paperback Companion Website


l e ga l t h e o ry

NEW

After Sovereignty

NEW

Rights of Passage

On the Question of Political Beginnings

Sidewalks and the Regulation of Public Flow

Edited by Charles Barbour, University of Western Sydney, Australia and George Pavlich, University of Alberta, Canada

Feminist Encounters with Legal Philosophy

Nicholas Blomley, Simon Fraser University, Canada Rights of Passage: Sidewalks and the Regulation of Public Flow documents a powerful and under-researched form of urban governance that focuses on pedestrian flow. This logic, which Nicholas Blomley terms ’pedestrianism’, values public space not in terms of its aesthetic merits, or its success in promoting public citizenship and democracy. Rather, the function of the sidewalk is understood to be the promotion and facilitation of pedestrian flow and circulation, predicated on the appropriate arrangement of people and objects. This remarkably pervasive yet overlooked logic shapes the ways in which public space is regulated, conceived of, and argued about. Rights of Passage: Sidewalks and the Regulation of Public Flow shows how the sidewalk is literally produced, encoded, rendered legible and operational with reference to a dense array of codes, diagrams, specifications, academic and professional networks, engineering rubrics, regulation and case law – all in the name of unfettered circulation.

Although a powerful form of governance, pedestrianism tends to be obscured by grander and more visible forms of urban regulation. The rationality at work here may appear commonplace; but, precisely because it is uncontroversial, pedestrianism is able to operate below the academic and political radar. Complicating the prevailing tendency to focus on the socially directive nature of public space regulation, Blomley reveals the particular ways in which pedestrianism deactivates rights-based claims to public space. Selected Contents: 1. Pedestrianism: Pedestrianism and Police. Pedestrianism, People and Things. Pedestrianism and Social Justice. Overview of Contents 2. Civic Humanism and the Sidewalk: The Sidewalk as Political Space. The Sidewalk as Civic Space. The Sidewalk as Walking Space 3. Thinking Like an Engineer. Administrative Pedestrianism. Pervasive Pedestrianism. The Taken for Granted 4. Producing and Policing the Sidewalk: Sidewalk Law; Obstruction and Encroachments. Other Sidewalk Rationalities 5. The History of Pedestrianism. The Invention of the Sidewalk. The Reformist Sidewalk. Administrative Pedestrianism at Work. The Public Sidewalk. The Incomplete Sidewalk 6. Judicial Pedestrianism: Introduction. The Public Highway 7. Obstructions of Justice?: Speech, Protest and Circulation. Sidewalks, the Homeless, and Judicial Pedestrianism. Things and Bodies 8. Taking a Constitutional: Circulation, Begging, and the Mobile Self: Introduction; Political Pedestrianism. Conclusions 9. Hidden in Plain View October 2010: 234 x 156: 144pp Hb: 978-0-415-57561-4: £75.00 Pb: 978-0-415-59837-8: £27.99 eBook: 978-0-203-84040-5

After Sovereignty addresses the vexed question of sovereignty in contemporary social, political, and legal theory. The emergence, and now apparent implosion, of international capital exceeding the borders of known political entities, the continued expansion of a potentially endless ’War on Terror’, the often predicted, but still uncertain, establishment of either a new international American Empire or a new era of International Law, the proliferation of social and political struggles among stateless refugees, migrant workers, and partial citizens, the resurgence of religion as a dominant source of political identification among people all over the globe – these developments and others have thrown into crisis the modern concept of sovereignty, and the notions of statehood and citizenship that rest upon it. Drawing on classical sources and more contemporary speculations, and developing a range of arguments concerning the possibility of political beginnings in the current moment, the papers collected in After Sovereignty contribute to a renewed interest in the problem of sovereignty in theoretical and political debate. They also provide a multitude of resources for the urgent, if necessarily fractured and diffuse, effort to reconfigure sovereignty today. Whilst it has regularly been suggested that the sovereignty of the nation-state is in crisis, the exact reasons for, and exact implications of, this crisis have rarely been so intensively examined.

Selected Contents: Introduction, George Pavlich and Charles Barbour 1. Leveraging Leviathan, Peter Fitzpatrick 2. On the Subject of Sovereigns, George Pavlich 3. Sovereignty After Sovereignty, Richard Joyce 4. Sovereignty without Sovereignty: Derrida’s Declarations of Independence, Jacques De Ville 5. Freedom After the Law: Arendt and Nancy’s Concept of ‘The Political’, Catherine Kellogg 6. Exception and Event: Schmitt, Arendt, and Badiou, Charles Barbour 7. Rival Jurisdictions: The Promise and Loss of Sovereignty, Shaun McVeigh and Sundhya Pahuja 8. After Sovereignty: Spectres of Colonialism, Bryan Hogeveen 9. What Comes After Sovereignty, Oscar Guardiola-Rivera 10. Polymorphous Sovereignty, Stephen Humphreys 11. Giorgio Agamben: Thought Between Two Revolutions, Amy Swiffen 12. Walter Benjamin, Eschatology and the Sovereignty of Power, James Martel 2009: 234 x 156: 216pp Hb: 978-0-415-49041-2: £80.00 eBook: 978-0-203-88082-1 For more information, visit: www.routledge.com/9780415490412

For more information, visit: www.routledge.com/9780415598378

Edited by Maria Drakopoulou, University of Kent, UK Presenting feminist readings of texts from the legal philosophical and jurisprudential canon, the papers collected here offer an interdisciplinary and critical challenge to established modes of reading law. Feminist approaches to law usually take the form of either critical engagements with legal doctrine, legal concepts and ideas, or critical assessments of the effects that specific areas of law have upon the lives of women. This collection, however, although rooted in feminist legal scholarship, takes the established canon of legal texts as the object of inquiry. Taking as their common starting point the fact that legal texts are plural and open to multiple readings, all the contributions in this collection offer subversive, but supplementary, interpretations of the legal canon. In this respect, however, they do not merely sustain an array of feminist styles and theories of reading. Revealing, and re-appropriating, the plural space of legal interpretation, they seek to open a hitherto unexplored arena for a feminist politics of law. Selected Contents: Introduction, Maria Drakopoulou. Engendering ‘Right Reason’: Thomas Aquinas and the Woman Question, Margaret Denike. Nomos and Physis in the Seventeenth Century Tradition of Natural Law: Pufendorf’s on the law of Nature and Nations and the Politics of Sexual Difference, Maria Drakopoulou. The Accidental Feminist: On the Pythagorean Roots of John Selden’s Jani Anglorum, Peter Goodrich. Subjects and Subjection: The Inconsistent Position of Women in Social Contract Theory, Janice Richardson. Hegel on Women, Law and Contract, Alison Stone. Gender, Law and Genre: William Blackstone and the ‘Romance’ of Law, Dr. Sue Chaplin. Resonance: Why Feminists Do/Ought Not Read Kelsen, Panu Minnkinen. Pashukanis for Feminists: Legal Forms of Reproductive Difference, Ruth Fletcher; Re-Reading Schmitt with Copjec and Bronfen: Sovereignty Beyond Exceptionality? Julia H. Chryssostalis. The Problem of Legal Subjectivity in H.L.A. Hart’s The Concept of Law, Emma Cunliffe December 2011: 234 x 156: 224pp Hb: 978-0-415-49760-2: £75.00 For more information, visit: www.routledge.com/9780415497602

NEW

Freedom, Autonomy and Privacy Legal Personhood Janice Richardson, University of Exeter, UK Legal Personhood draws upon contemporary feminist philosophy in order to consider the meaning of legal personhood, its relationship to human freedom and autonomy and its connection to what is classified as public and private. Contemporary feminist philosophy has much to say about the ways in which we have understood what it means to be a person and to have rights in law. Women’s contingent and historical position can be used as a tool to highlight tensions in traditional views of personhood. However, Janice Richardson goes beyond this critique to explore how the legal and political implications of feminist critiques of legal personhood can found new ways of thinking about ourselves and law that is applicable to both men and women. Selected Contents: Introduction 1. Legal Personhood 2. Selfhood 3. Narrating Selves 4. ’Imaginary Bodies’ 5. Autonomy 6. Freedom 7. Public/Private October 2011: 234 x 156: 208pp Hb: 978-0-415-57243-9: £75.00 For more information, visit: www.routledge.com/9780415572439

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Foucault’s Law Ben Golder, University of New South Wales, Australia and Peter Fitzpatrick, Birkbeck University of London, UK

’Golder and Fitzpatrick’s brief volume Foucault’s Law, appearing twenty-five years after the death of the French thinker, proposes an original, philosophical rereading of Foucault on law ... In contrast with those theorists who represent an extreme in ‘using’ Foucault’s legacy, Golder and Fitzpatrick offer an interpretation that concentrates only on extending Foucault’s own ideas. This book deserves a favorable reception for its strong points, for its brevity and audacity, and for providing an excellent counterpoint to the Hunt and Wickham volume.’ – Rafael Ramis Barcelo, Res Publica, December 2009 ’All in all, Golder’s and Fitzpatrick’s book about Foucault and the law is a veritable joy to read. It sketches the contours of a legal theory that differs radically from mainstream views by dint of combining historical, social-scientific and normative analyses of the law. For this reason it is not only a treasure trove (Fundgrube) for future research, but also suitable to be used for teaching purposes, if accompanied by the original texts to which it refers.’ – Marc de Wilde, Rechtsfilosofie & Rechtstheorie, Issue 2009.3 ’Golder and Fitzpatrick’s Foucault’s Law is a brief, yet rich, contribution to the burgeoning literature on the place of law in Foucault’s thought. In three densely elaborated chapters they defend the view that, far from being the antinomian thinker he is often taken to be, Foucault provides the resources for the development of a positive conception of law ... In addition, the authors bring to their task an impressive command of the primary and secondary literature. Those looking for an entry point into the issue of Foucault and law would do well to begin here.’ – Max Rosenkrantz, Foucault Studies, No. 8, February 2010 ’The authors provide excellent organization, fluidity of argument, and clarity of expression. Given the abstract, theoretical subject matter of the book and the complex post-structuralist paradigm within which it is situated, the authors expertly guide the reader through their arguments and explanations without oversimplifying or undermining the complexity of the subject matter that they tackle.’ – Ashan Mirza, Osgoode Hall Law Journal, 2009 Provocative and unorthodox, this is the first book in twenty years to address Foucault’s position on law. Engaging with neglected texts, as well as considering his relationship to other continental thinkers, the authors examine the claim the law was expelled from Foucault’s analysis of modernity.

Selected Contents: Introduction: Beginnings 1. Orientations: Foucault and Law 2. Foucault’s Other Law 3. Futures of Law 2009: 216 x 138: 160pp Hb: 978-0-415-42453-0: £85.00 Pb: 978-0-415-42454-7: £19.99 eBook: 978-0-203-88056-2 For more information, visit: www.routledge.com/9780415424547

Foucault’s Monsters and the Challenge of Law Andrew Neville Sharpe, University of Keele, UK In contrast to other figures generated within social theory for thinking about outsiders, such as Rene Girard’s ‘scapegoat’ and Zygmunt Bauman’s ‘stranger’, Foucault’s Monsters and the Challenge of Law suggests that the figure of ‘the monster’ offers greater analytical precision and explanatory power in relation to understanding the processes whereby outsiders are constituted. The book draws on Michel Foucault’s theoretical and historical treatment of the category of the monster, in which the monster is regarded as the effect of a double breach: of law and nature. For Foucault, the monster does not simply refer to a particular kind of morphological or psychological irregularity; for the body or psyche in question must also pose a threat to the categorical structure of law. In chronological terms, Foucault moves from a preoccupation with the bestial human in the Middle Ages to a concern over Siamese or conjoined twins in the Renaissance period, and ultimately to a focus on the hermaphrodite in the Classical Age. But, although Foucault’s theoretical framework for understanding the monster is affirmed here, this book’s study of an English legal history of the category ‘monster’ challenges some of Foucault’s historical claims. In addition to considering this legal history, the book also addresses the contemporary relevance of Foucault’s theoretical framework. Structured around Foucault’s archetypes and the category crises they represent – admixed embryos, conjoined twins and transsexuals – the book analyses their challenge to current distinctions between human and animal, male and female, and the idea of the ‘proper’ legal subject as a single embodied mind. These contemporary figures, like the monsters of old, are shown to threaten the rigidity and binary structure of a law that still struggles to accommodate them. Selected Contents: 1. Introduction Part 1: History/Theory/Monsters 2. Foucault’s Theoretical Framework 3. Foucault’s Monsters as Genealogy: The Abnormal Individual 4. An English Legal History of Monsters Part 2: Contemporary Monsters 5. Changing Sex: The Problem of Transsexuality 6. Sharing Bodies: The Problem of Conjoined Twins 7. Admixing Embryos: The Problem of Human/Animal Hybrids 8. Conclusions 2009: 234 x 156: 200pp Hb: 978-0-415-43031-9: £75.00 eBook: 978-0-203-86283-4 For more information, visit: www.routledge.com/9780415430319

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Cosmopolitan Justice and its Discontents Edited by Cecilia Bailliet and Katja Franko Aas, both at University of Oslo, Norway Cosmopolitan Justice and its Discontents pursues a reflection upon the institutional orders designed to ensure respect for the rule of law, human rights, and social justice. The majority of literature on cosmopolitanism tends to be oriented in sociology, political science or philosophy, and is largely positive. This book aims to fill the lacuna with respect to critical and legal perspectives in this field. In particular, it highlights the importance of international economic law and its institutions when evaluating the evolution of cosmopolitan norms. In addition, it provides critical and multidisciplinary perspectives on Cosmopolitan Justice and Sovereignty; Institutions, Civil Society and Accountability; and Social Exclusion, Migration, and Global Markets. This book will be of considerable interest to academics and students concerned with international public and private law, international criminal law, international economic law, human rights, migration, criminology, political science, and philosophy. Selected Contents: 1. Introduction by Cecilia M. Bailliet and Katja Franko Aas 2. Sovereign Cosmopolitanism. Sam Adelman 3. Does A World State Really Lead to a ’Graveyard of Freedom’. Ronald Tinnevelt 4. Guilty Landscapes: Collective Guilt in International Criminal Law. C.H. Brants-Langeraar 5. EU Constitutionalization in Turkey: Challenges and Limits of Post-Islamic Governance. Kyriaki Topidi 6. A Borderless World? Cosmopolitanism, Boundaries and Frontiers. Katja Franko Aas 7. All the People in All the World: A Cosmopolitan Perspective on Migration and Torture. Barbara Hudson 8. Towards Holistic Transnational Protection and Sub-Altern Cosmopolitanism: The Emergence of Kidnapping as Grounds for Asylum. Cecilia M. Bailliet 9. Cosmopolitanism of Transnational Private Law. Robert Wai 10. Does Global Market Integration Limit the Scope to Achieve Cosmopolitan Ideals? Claire Methven O’Brien 11. From Theology to Political Economy: The International Investment Regime, Human Rights, and Cosmopolitan Competition. Malcolm Langford Epilogue: Frictions of Hospitality and the Possibilities of Everyday Cosmopolitanism. Thomas Hylland Eriksen March 2011: 234 x 156: 224pp Hb: 978-0-415-59343-4: £75.00 For more information, visit: www.routledge.com/9780415593434

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Human Rights and Constituent Power Without Model or Warranty Illan rua Wall, Oxford Brookes University, UK Human Rights and Constituent Power: Without Model or Warranty reworks the ordinary conception of human rights, by replacing their possessive individualism with the radically different ontology of ‘being-together’ in constituent struggle. Engaging the current political and jurisprudential thought on constituent power with a radical political re-thinking of human rights, Ilan Rua Wall develops the idea that human rights must be considered as a non-metaphysical process of ‘right-ing’. The first part of this argument discusses both the classical theory of constituent power and its contemporary conceptualization, in order to elaborate the conception of an ‘open’ constituent power, not tied to the closure of a constituted order. This conception is then further developed through the re-imagination of community, and of the political, as a ruptural force. The consequence is a more radical form of human rights: now understood, not just a moralistic cover for biopolitical subordination, but as a constituent potentia; the coming to presence of a radical sense of being-with, and a very different human right-ing. Selected Contents: 1. Tracing the Radical in Human Rights 2. Retreating Human Rights 3. The Problem of a Closed Constituent Power 4. Untying the Constituent from the Constituted 5. Levelling-Down: The In-Common and Rupture 6. Against the Individual: The Constituent Singular Plural 7. Constituent Right-ing 8. Right-ing or Becoming Human July 2011: 234 x 156: 224pp Hb: 978-0-415-58497-5: £75.00 For more information, visit: www.routledge.com/9780415584975

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Jurisdiction Shaunnagh Dorsett, Victoria University of Wellington, New Zealand and Shaun McVeigh, The Melbourne Law School, Australia

Jurisdiction in Deleuze: The Expression and Representation of Law

Justice, Literature and the Rule of Law

Series: Critical Approaches to Law

Edward Mussawir, University of Melbourne, Australia

Desmond Manderson, McGill University, Canada

Introducing one of the central topics and concerns of jurisprudence – the authorisation and authority of law – Jurisdiction aims to re-introduce and refresh jurisdictional thinking about law by addressing the ways that questions of jurisdiction still give shape to law and to legal thought.

Jurisdiction in Deleuze: The Expression and Representation of Law explores an affinity between the philosophy of Gilles Deleuze and jurisprudence as a tradition of technical legal thought. The author addresses and reopens a central aesthetic problem in jurisprudence: the difference between the expression and the representation of law. Deleuze is taken as offering not just an important methodological recovery of an ‘expressionism’ in philosophy – specifically through Nietzsche and Spinoza – but also a surprisingly practical jurisprudence which recasts the major technical terms of jurisdiction (persons, things and actions) in terms of their distinctively expressive or performative modalities. In paying attention to law’s expression, Deleuze is thus shown to offer an account of how meaning may attach to the instrument and medium of law and how legal desire may be registered within the texture and technology of jurisdiction.

Justice, Literature, and the Rule of Law: Kangaroo Courts addresses the legacy of contemporary critiques of language for the concept of the rule of law. Between those who care about the rule of law and those who are interested in contemporary legal theory, there has been a dialogue of the deaf, which cannot continue. Starting from the position that contemporary critiques of linguistic meaning and certainty are too important to be dismissed, Desmond Manderson takes up the political and intellectual challenge they pose. Can the rule of law be re-configured in light of the critical turn of the past several years in legal theory, rather than being steadfastly opposed to it? Pursuing a reflection upon the relationship between law and the humanities, the book stages an encounter between the influential theoretical work of Jacques Derrida and D.H. Lawrence’s strange and misunderstood novel Kangaroo (1923). One hundred years ago, and struggling with the same problems we are puzzling over today, Lawrence articulated complex ideas about the nature of justice and the nature of literature. And, using Lawrence to clarify Derrida’s major writings on law, as well as using Derrida to clarify Lawrence’s experience of literature, Manderson makes a robust case for ’law and literature’, as he outlines a ’post-positivist’ conception of the rule of law – in which justice is imperfectly possible, rather than perfectly impossible.

Questions of jurisdiction have been central to Western legal traditions, yet in contemporary accounts of law this is often hard to recognise. At its broadest, the question of jurisdiction engages with the fact that there is law, and with the power and authority to speak in the name of the law. Such questions encompass the authorisation and ordering of law as such, as well as determinations of authority and the administration of justice within a legal regime. Without an account of jurisdiction, this book argues, it would not be possible to articulate a position from which to speak, or speak about, the law. Jurisdiction thus examines the conceptual and institutional formation of contemporary jurisdictional techniques and procedures, and explore the ways in which the jurisdictional idiom of law remains central to a critical practice and understanding of law. Providing an original, and historically grounded, elaboration of the key themes of jurisdiction, this book offers students and scholars of law a way of thinking about the contemporary world as much in terms of law’s technologies, techniques and procedures as with its ideas. Selected Contents: Part 1: Discourses of Jurisdiction 1. Inaugurating Law 2. Sovereignty and Jurisdiction Part 2: Technologies of Jurisdiction 3. Categories and the Forms of Law 4. The Devices of Law Part 3: Contemporary Jurisdictions 5. Living With-Out State Jurisdictions 6. Critical Jurisdictons. Conclusion September 2011: 216 x 138: 144pp Hb: 978-0-415-47163-3: £75.00 Pb: 978-0-415-47165-7: £21.99

Contributing both to a renewed transposition of Deleuze into contemporary legal theory, as well as to an emerging interest in law’s technology, institution and instrumentality in critical legal studies, Jurisdiction in Deleuze will be of considerable interest. Selected Contents: Preface 1. Deleuze and Jurisdiction: Expressionism in Jurisprudence Part 1: Masks and Personal Jurisdiction 2. Personal Jurisdiction: The ‘Method of Dramatization’ in the Law of Persons 3. Minority and Personal Jurisdiction: Judging Sex in Re Alex 4. Persons of Animal Law Part 2: Rights and Subject-Matter Jurisdiction 5. Deleuze, The Law of Things and Subject-Matter Jurisdiction 6. To Put to Flight: The Right of Possession Part 3: Actions and Procedure 7. The Activity of Judgment: Law of Actions and the Procedural Genre of Jurisprudence 8. Jurisdiction of Control: Judgment and Procedural Forms in Thomas v Mowbray 9. The Locality of Law: Jurisdiction in Deleuze

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Strange Gods Legal Theology in a Modern Age

NEW

Peter Fitzpatrick, Birkbeck, University of London, UK

The Rule of Law

Legal Theology provides a genealogy of modern law as a secular theology, calling into question the received ideas that modern law is radically different from its religious antecedents, and that modernity involved a repudiation of theological concepts. Peter Fitzpatrick charts the lineage of this secular theology through three ‘historicities’: the creation of the world’s imperium, of the modern world-system, in the sixteenth century; the time of revolutions of the seventeenth and eighteenth centuries; and the high modernism of the nineteenth and twentieth centuries. Respectively condensed here in the writings of Vitoria, Hobbes and Nietzsche, Fitzpatrick documents the substitution of a monotheistic God by successive articulations of a persistently ’deific’ law. Legal Theology thus questions the story of secularism’s triumph, by eliciting the essentially religious force of modern law: a force that is, moreover, recognisable in secularism’s contemporary imperial mission.

The Justice Sector and Economic Development

Selected Contents: 1. Introduction 2. Imperium 3. Revolution 4. Modernism June 2011: 234 x 156: 208pp Hb: 978-0-415-56014-6: £80.00 Pb: 978-0-415-56015-3: £22.99

Edited by Maria Dakolias, The World Bank, Washington DC, USA and Sandra E. Oxner Series: The Economics of Legal Relationships In this volume Maria Dakolias demonstrates how reforms related to the justice sector and the rule of law have, and will continue to, contribute to economic development. Selected Contents: 1. How have the Objectives Evolved to Promoting the Rule of Law? 2. What has Influenced this Evolution? 3. What has been Achieved until Now? 4. What are the Greatest Difficulties/Risks Today? 5. What May Some of the Challenges be to Make Such Changes? 6. What Kind of Methodology Should be Promoted? 7. What Should the Priorities be in the Justice Sector Area? 8. What can be Expected in the Justice Sector in the Next Ten Years/Future? December 2010: 234 x 156: 256pp Hb: 978-0-415-77253-2: £80.00 For more information, visit: www.routledge.com/9780415772532

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Kangaroo Courts

Selected Contents: 1. Introduction 2. The Problem with the Rule of Law 3. Kangaroo 4. From and to But 5. Polarity 6. Thirroul of Law 7. Conclusion: Of Justice and Kangaroo Courts? November 2010: 234 x 156: 160pp Hb: 978-0-415-59827-9: £75.00 For more information, visit: www.routledge.com/9780415598279

NEW in 2012

Law as a Human Science Panu Minkkinen, University of Leicester, UK Law as a Human Science argues for the reintroduction of crucial aspects of the humanist tradition in legal thinking. Interdisciplinary studies of law are now primarily understood as policy-oriented and socio-legal in their orientation; whilst the older ties between law and the humanities (with philosophy, history, rhetoric, etc.) have become more marginal academic curiosities. This book makes a renewed case for law as a human science, by investigating the development of modern law as an academic discipline in relation to both the social scientific and hermeneutical traditions. Selected Contents: Introduction Part 1: The Legal Academic 1. Max Weber and Legal Thinking 2. The Legal Academic’s Impact 3. From Formal to Substantive Rationality Part 2: The Science of Law 4. Law as a Moral Science 5. The Legal Academic as Interpreter 6. The Legal Academic and the Activist Part 3: The Law School 7. The Edifying Law School 8. The Radical Law School Part 4: The Politics of Legal Academia 9. Weber’s Tragic Modernity March 2012: 234 x 156: 176pp Hb: 978-0-415-61732-1: £80.00 For more information, visit: www.routledge.com/9780415617321

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Law and Evil

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Philosophy, Politics, Psychoanalysis

Legal Architecture

Law’s Trace: From Hegel to Derrida

Edited by Ari Hirvonen, University of Helsinki, Finland and Janne Porttikivi

Justice, Due Process and the Place of Law

Catherine Kellogg, University of Alberta, Canada

Linda Mulcahy, London School of Economics and Political Science, UK

Law and Evil opens, expands and deepens our understanding of the phenomenon of evil by addressing the theoretical relationship between this phenomenon and law. Hannah Arendt said ’the problem of evil will be the fundamental question of post-war intellectual life in Europe’. This statement is, unfortunately, more than valid in the contemporary world: not only in the events of war, crimes against humanity, terror, repression, criminality, violence, torture, human trafficking, and so on; but also as evil is used rhetorically to condemn these acts, to categorise their perpetrators, and to justify forcible measures, both in international and domestic politics and law. But what is evil? Evil as a concept is too often taken as something that is self-evident, something that is always already defined. Taking Kant’s concept of radical evil as a starting point, this volume counters such a tendency. Bringing together philosophical, political, and psychoanalytical perspectives, in analysing both the concept and the phenomenon of evil, the contributors to this volume offer a rich and thoroughgoing analysis of the multifaceted phenomenon of evil and its relationship to law. Selected Contents: Introduction Part 1: Freedom 1. Eden/Shangri-La, Angus McDonald 2. Tragedy and Evil. From Hölderlin to Heidegger, Françoise Dastur 3. Interrupting Evil and the Evil of Interruption – Revisiting the Question of Freedom, Marcia Sá Cavalcante Schuback 4. Wickedness Inscribed in Freedom – Jean-Luc Nancy on Evil, Sami Santanen 5. Arche-Evil. Derrida’s Philosophy Explained through the Concept of Evil, Jari Kauppinen Part 2: Terror 6. Hell on Earth. Hannah Arendt in the Face of Hitler, Jacob Rogozinski 7. Total Evil. The Law under Totalitarianism, Ari Hirvonen 8. The Birth of Terrorism Out of the Spirit of Enlightenment – The Subject of Enlightenment and the Terrorist Sensorium, Artemy Magun 9. The Catechism of the Citizen – Politics, Law and Religion in, After, with and Against Rousseau, Simon Critchley Part 3: Desire 10. What’s so Funny about Infinite Justice, Janne Porttikivi 11. Moralization Interrupted. On Lacan’s Thesis of the Supreme Good as Radical Evil, Maec de Kesel 12. When Psychoanalysis Meets Law and Evil. Perversion and Psychopathy in the Forensic Clinic, Jochem Willemsen and Paul Verhaeghe 13. ‘That Which in Life might Prefer Death’ From the Death Drive to the Desire of the Analyst, Véronique Voruz 2009: 234 x 156: 320pp Hb: 978-0-415-49791-6: £80.00 eBook: 978-0-203-86746-4 For more information, visit: www.routledge.com/9780415497916

Legal Architecture addresses how the environment of the trial can be seen as a physical expression of our relationship with ideals of justice. It provides an alternative account of the trial, which charts the troubled history of notions of due process and participation. In contrast to visions of judicial space as neutral, Linda Mulcahy argues that understanding the factors that determine the internal design of the courthouse and courtroom are crucial to a broader and more nuanced understanding of the trial. Partitioning of the courtroom into zones and the restriction of movement within it are the result of turf wars about who can legitimately participate in the legal arena and call the judiciary to account. The gradual containment of the public, the increasing amount of space allocated to advocates, and the creation of dedicated space for journalists and the jury, all have complex histories that deserve attention. But these issues are not only of historical significance. Across jurisdictions, questions are now being asked about the internal configurations of the courthouse and courtroom, and whether standard designs meet the needs of modern participatory democracies: including questions about the presence and design of the modern dock; the ways in which new technologies threaten to change the dynamics of the trial and lead to the dematerialization of our primary site of adversarial practice; and the extent to which courthouses are designed in ways which realise their professed status as public spaces. This fascinating and original reflection on legal architecture will be of interest to socio-legal or critical scholars working in the field of legal geography, legal history, criminology, legal systems, legal method, evidence, human rights and architecture.

Selected Contents: 1. Architects of Justice 2. An Ideal Type? Visions of the Courthouse Over Time 3. Segmentation and Segregation 4. Presumed Innocent? 5. Open Justice, the Dirty Public and the Press 6. The Heyday of Court Design? 7. Back to the Future: Is there Such a Thing as a Just Court? 8. The Dematerialization of the Courthouse December 2010: 234 x 156: 240pp Hb: 978-0-415-57539-3: £75.00 Pb: 978-0-415-61869-4: £25.99 eBook: 978-0-203-83624-8 For more information, visit: www.routledge.com/9780415618694

Law’s Trace argues for the political importance of deconstruction by taking Derrida’s reading of Hegel as its point of departure. While it is well established that seemingly neutral and inclusive legal and political categories and representations are always, in fact, partial and exclusive, among Derrida’s most potent arguments was that the exclusions at work in every representation are not accidental but constitutive. Indeed, one of the most significant ways that modern philosophy appears to having completed its task of accounting for everything is by claiming that its foundational concepts – representation, democracy, justice, and so on – are what will have always been. They display what Derrida has called a ’fabulous retroactivity.’ This means that such forms of political life as liberal constitutional democracy, capitalism, the rule of law, or even the private nuclear family, appear to be the inevitable consequence of human development. Hegel’s thought is central to the argument of this book for this reason: the logic of this fabulous retroactivity was articulated most decisively for the modern era by the powerful idea of the Aufhebung – the temporal structure of the always-already. Deconstruction reveals the exclusions at work in the foundational political concepts of modernity by ‘re-tracing’ the path of their creation, revealing the ‘always-already’ at work in that path. Every representation, knowledge or law is more uncertain than it seems, and the central argument of Law’s Trace is that they are, therefore, always potential sites for political struggle. Selected Contents: Introduction. Deconstruction is Here, Now, in America; Between Politics and Philosophy. The Strategic Occupation of the Aufhebung. The Call of Deconstruction. Chapter 1: Tracing the Sign The French Reception of Hegel. Kojeve’s Hegel. Hyppolite’s Hegel. Derrida’s Hegel. Chapter 2: Signing the Trace Walter Benjamin and the Language of Names. Suspended over the Abyss: The Task of the Translator. Chapter 3: The Messianic without Messianism Marx and Justice. Aristotle and the ‘Now’. From Now ‘til Eternity. Ghosts and Singularity. Chapter 4: Mourning Terminable and Interminable: Law and (Commmodity) Fetishism The Haunting of the Commodity. ‘Breaks in Gradualness – Leaps!’. The Haunting of the Law Chapter 5: Justice, Law and Antigone’s Singular Act Glas and the Family. Hegel and The Antigone. The Law of Law. ‘The Law of Law, Always in Mourning; Justice/Law and Sexual Complementarity. Chapter 6: Generalizing the Economy of Fetishism Freud’s Fetish. Playing Two Scenes at Once. Feminism and Deconstruction. Conclusion: End of Metaphysics: Who is the Friend?. Rogues, Democracy and Autoimmunity 2009: 234 x 156: 184pp Hb: 978-0-415-56161-7: £75.00 eBook: 978-0-203-85314-6 For more information, visit: www.routledge.com/9780415561617

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Law, Ethics and the Biopolitical

Legislative Drafting

Amy Swiffen, Concordia University, Canada

Edited by Aldo Zammit Borda, Commonwealth Secretariat, UK

The Philosophy of Law meets the Philosophy of Technology

Law, Ethics and the Biopolitical explores the idea that legal authority is no longer related to national sovereignty, but to the ‘moral’ attempt to nurture life. The book argues that whilst the relationship between law and ethics has long been a central concern in legal studies, it is now the relationship between law and life that is becoming crucial. The waning legitimacy of conventional conceptions of sovereignty is signalled the renewal of a version of natural law, evident in discourses of human rights, that de-emphasises the role of a divine law-giver in favour of an Aristotelian conception of the natural purpose of life and the ‘common good’. Synthesising elements of legal scholarship on sovereignty, theories of biopolitics and biopower, as well as recent developments in the domains of ethics, Amy Swiffen examines the invocation of ‘life’ as a foundation for legal authority. The book documents the connection between law, life and contemporary forms of biopolitical power by critically analysing the fundamental principles of the bioethical paradigm. Unique in its critical and cross-disciplinary approach, Law, Ethics and the Biopolitical will be of interest to students and teachers in the areas of law and society, law and literature, critical legal studies, social theory, bioethics, psychoanalysis, and biopolitics. Selected Contents: Introduction 1. Law and Ethics 2. Law without a Lawgiver 3. Ethics and the Good 4. Goodbye to Kant 5. Law and Life 6. Law and Violence. Conclusion: A Future Uncertain December 2010: 234 x 156: 192pp Hb: 978-0-415-57844-8: £75.00 eBook: 978-0-203-83475-6 For more information, visit: www.routledge.com/9780415578448

Legislative drafting is an extremely onerous, exacting and highly-skilled task. What is clearly conceived in the mind may not be easily expressed with clarity and precision in words. It is a highly technical discipline, and one of the most vigorous forms of writing. Few lawyers have the special combination of skills, aptitudes and temperament necessary for a competent draftsperson. This book provides, for the first time, detailed commentary on legislative drafting with a specific focus on the Commonwealth, covering: the ethics of legislative drafting, teaching, training and retention of drafters, the role of legislative drafting in good governance, keeping the statute book up-to-date, drafting by more than words: the use of graphics, labels and formulae in legislation; and the particular challenges of drafting for small states. It constitutes a key reference for legislative drafters, parliamentary counsel and professionals involved in this field in the Commonwealth and beyond. This book was based on a special issue of Commonwealth Law Bulletin. Selected Contents: Foreword. Preface. Articles 1. The Ethics of Legislative Drafting, VCRAC Crabbe 2. Training of Legislative Counsel: Learning to Draft without Nellie, Sandra C. Markman 3. Teaching Legislative Drafting: Reflections on the Commonwealth Secretariat Short Course, Robin Webster 4. The Role of Parliamentary Counsel in Legislative Drafting, N.K. Nampoothiry 5. Prioritising Legislative Proposals in the Legislative Process, Richard C. Nzerem 6. Keeping the Statute Book up to Date: A Personal View, Duncan Berry 7. Drafting by More than Words: The Use of Graphics, Labels and Formulae in Legislation, St. John Bates 8. The Challenges of Legislative Drafting in Small Commonwealth Jurisdictions, Ranjit Hewagama Fact Sheet 9. Building a Commons for the Common Law: The Commonwealth Legal Information Institute (CommonLII) Four Years On, Graham Greenleaf, Andrew Mowbray and Philip Chung November 2010: 234 x 156: 160pp Hb: 978-0-415-59781-4: £80.00 For more information, visit: www.routledge.com/9780415597814

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Autonomic Computing and Transformations of Human Agency Edited by Mireille Hildebrandt and Antoinette Rouvroy, University of Namur, Belgium The Philosophy of Law meets the Philosophy of Technology interrogates the legal implications of the notion and experience of human agency implied by the emerging paradigm of autonomic computing, and the socio-technical infrastructures it supports. The development of autonomic computing and ambient intelligence – self-governing systems – challenge traditional philosophical conceptions of human self-constitution and agency, with significant consequences for the theory and practice of constitutional self-government. Ideas of identity, subjectivity, agency, personhood, intentionality, and embodiment are all central to the functioning of modern legal systems. But once artificial entities become more autonomic, and less dependent on deliberate human intervention, criteria like agency, intentionality and self-determination, become too fragile to serve as defining criteria for human subjectivity, personality or identity, and for characterizing the processes through which individual citizens become moral and legal subjects. Are autonomic – yet artificial – systems shrinking the distance between (acting) subjects and (acted upon) objects? How ‘distinctively human’ will agency be in a world of autonomic computing? Or, alternatively, does autonomic computing merely disclose that we were never, in this sense, ‘human’ anyway? A dialogue between philosophers of technology and philosophers of law, this book addresses these questions, as it takes up the unprecedented opportunity that autonomic computing and ambient intelligence offer for a reassessment of the most basic concepts of law. Selected Contents: 1. The Virtual Dimension of Human Agency. What Else is New?, Mireille Hildebrandt and Antoinette Rouvroy 2. Smart? Amsterdam Urinals and Autonomic Computing, Don Ihde 3. Rethinking Human Identity into the Age of Autonomic Computing: The Philosophical Status of the Trace and the Question of Embodiment, Massimo Durante 4. Remote Control: Human Autonomy in the Age of Computer-Mediated Agency, Jos de Mul and Bibi van den Berg 5. Autonomy, Delegation, and Responsibility: A Question of Survival, Roger Brownsword 6. Autonomic and Autonomous ‘Thinking’ as Preconditions for Criminal Accountability, Mireille Hildebrandt 7. Technology and Accountability: Remarks on Autonomic Computing and Human Agency, Jannis Kallinikos 8. Autonomic Computing, Genomic Data and Human Personhood: The Case for Embodiment, Hyo Yoon Kang 9. Towards a Comparative Theory of Agents, Rafael Capurro 10. Of Machines and Men: The Road to Identity. Scenes for a Discussion, Stefano Rodota 11. The BPI Nexus, Paul Mathias 12. Governmentality in an Age of Autonomic Computing: Technology, Virtuality and Utopia, Antoinette Rouvroy 13. Subject to Technology, Peter-Paul Verbeek

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Sovereignty, Knowledge, Law

NEW

The Politics of Adjudication

Panu Minkkinen, University of Leicester, UK

Reading Modern Law: Critical Methodologies and Sovereign Formations

Aileen McHarg, University of Glasgow, UK The Politics of Adjudication addresses the pragmatics of legal decision-making. Against a dominant constitutional paradigm that has asserted the primacy of ideals of independence and impartiality in governing the organisation and conduct of the judiciary, a more critical constitutional tradition has been sceptical about the possibility of genuine judicial neutrality and independence. Those in the critical tradition have, however, been relatively unconcerned about the implications of their critique for the organisation and conduct of the judiciary, and there has been little systematic attempt to explore alternative models of judicial legitimacy, once the ideals of independence and impartiality have been displaced. Accepting that adjudication is a value-laden process, this book also accepts the importance of the constitutional ideals of judicial independence and impartiality, both pragmatically – their popular appeal shows no sign of weakening – and normatively – there are a number of strong reasons why these principles are central to our ideas about what constitutes fair adjudication. The Politics of Adjudication thus focuses upon how the tension between these two positions may be negotiated. This is a question of politics, according to which constitutional law is not, it is argued, the instantiation of timeless and universal principles of governance; but a discourse aimed at producing workable solutions, rather than right answers, to the problem of how to govern legitimately and effectively in particular contexts. Selected Contents: 1. The Politics of Adjudication 2. The Nature of Adjudication 3. Judicial Independence and Impartiality 4. The Constitutional Role of the Judiciary 5. Judicial Reasoning and Judicial Neutrality 6. Judicial Conduct and Judicial Impartiality 7. The Structural Independence of the Judiciary 8. Conclusion

Sovereignty, Knowledge, Law investigates the notion of sovereignty from three different, but related perspectives: as a legal question in relation to the sovereign state, as a political question in relation to sovereign power, and as a metaphysical question in relation to sovereign self-knowledge. The varied and interchangeable uses of legal sovereignty, political sovereignty and metaphysical sovereignty in contemporary debates have resulted in a situation where the word ‘sovereignty’ itself has become something of a non-concept. Panu Minkkinen shows here how these three perspectives have informed one another, by addressing their shared relationship to law, and to the ‘autocephalous’ function of sovereignty; that is, the attempt to provide a single source and foundation for law, power, and self-knowledge. Through an effort to domesticate the intrinsically ‘heterocephalous’ nature of power, the juridical and jurisprudential aim has been to confine power within the closed vertical hierarchy of traditional legal thinking. Sovereignty, Knowledge, Law thus elaborates this heterocephaly, proposing new understandings of sovereignty, as well as of law and of legal scholarship. Selected Contents: Introduction: An Unknown Origin Part 1: The Autocephalous State 1. Sovereignty and the Law 2. Sovereignty and the State 3. Sovereignty Postulated Part 2: Heterocephalous Power 4. The Ethos of Sovereignty 5. Constituent Sovereignty 6. Sovereignty, Discipline and Government Part 3: The Acephalous Subject 7. Sovereignty as Absolute Knowledge 8. Sovereignty as Non-Knowledge 9. Sovereignty as Jouissance

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Rethinking Law as Process Creativity, Novelty, Change James MacLean, University of Southampton, UK Rethinking Law as Process draws on insights from ’process philosophy’ in order to rethink the nature of legal decision-making. While there have been significant developments in the application of ‘process’ thought across a number of disciplines, little notice has been taken of Whiteheadian metaphysics in law. Nevertheless, process thought offers significant opportunities for serious inquiry into the nature of legal reasoning and the practical application of law. Focusing on the practices of organising, rather than their effects, an increased processual awareness re-orients understanding away from the mechanistic and rationalist assumptions of Newtonian thought, and towards the interminable ontological quest to arrest or to classify the essentially undivided flow of human experience. Drawing together insights from a number of different fields, James Maclean argues that it is because our inherited conceptual framework is tied to a ‘static’ way of thinking that every attempt to offer justifying reasons for legal decisions appears at best to register only at the level of explanation. Rethinking Law as Process resolves this problem, and so provides a more adequate description of the nature of law and legal decision-making, by repositioning law within a thoroughly processual world-view, in which there is only the continuous effort to refine and to redefine the continuous flux of legal understanding. Selected Contents: Part 1: Legal Decision Making and Legal Reasoning 1. Locating the Problem in Law: The Conjoined Twins Case, Re A 2. Justifying Legal Decisions in Hard Cases: Different Approaches Part 2: Developing an Alternative Approach 3. Alfred North Whitehead’s Philosophy of Organism 4. Lessons From Organization Theory 5. Towards a Process Reconstrual of ‘The Middle’ 6. Two Ways of Thinking; Two Types of Knowledge 7. Michael Polanyi’s ‘Tacit Knowledge’ Part 3: Exploring Formal Legal Contexts 8. Legal Institutional Knowledge 9. The Judge as Institutional Actor and Decision Maker 10. Legal Contexts as ‘Practices’ 11. Chaos and Complexity 12. Closing the Gap: Narrative and the Law Part 4: Integrating Law and Process 13. Law’s Institutional Becoming: Law as Process – Creativity, Novelty, Change. Conclusion

Essays in Honour of Peter Fitzpatrick Edited by Ruth Buchanan, York University, Canada, Stewart Motha, University of Kent, UK and Sundhya Pahuja, University of Melbourne, Australia Reading Modern Law addresses the identification and elaboration of a critical methodology for reading and writing about law in modernity. While the force of law rests on determinate and localizable authorizations, as well as an expansive capacity to encompass what has not been pre-figured by an order of rules, the key question this dynamic of law raises is how legal forms might be deployed to confront and disrupt injustice. The urgency of this question must not eclipse the care its complexity demands. This book, whilst testifying to that complexity, offers a critical methodology for addressing its many challenges. The essays in this volume – all direct or oblique engagements with the work of Peter Fitzpatrick – chart a mode of resisting the imperialism of social scientific method, as much as geo-political empire. Their authors elaborate a critical and interdisciplinary treatment of law and modernity, and outline the pivotal role of sovereignty in contemporary formations of power, both national and international. From various overlapping vantage points, therefore, Reading Modern Law interrogates law’s relationship to power, as well as its relationship to the critical work of reading and writing about law in modernity. Selected Contents: Introduction Part 1: Writing/Archive 1. Writing by Firelight: Constructing an Enduring Consciousness of Postcoloniality, Abdul Paliwala 2. Incitement to Justice: Fitzpatrick’s Citational Style as Counter-Imperialism, Marianne Constable 3. Reading Thomas Hobbes: Peter Fitzpatrick’s Gentle Deconstructionist Style, James Martel 4. Turning things Upside Down: Luther and More on Law, Modernity and Psychoanalysis, Judith Grbich Part 2: Sovereign Formations 5. Living in International Law, Fleur Johns 6. Understanding the Relationship between the Political and the Economic at the Interface of the National and International: Fitzpatrick’s New Constitutionalism, Fiona Macmillan 7. Democracy’s Ruin, Paul Passavant 8. Beyond Discretion: Prosecution, the Logic of Sovereignty, and the Limits of Law, Austin Sarat 9. The Alleged Pre-Legal World, William E. Conklin Part 3: Re/Positionings: Beyond Modernism 10. A Unique Modernism, Patricia Tuitt 11. Fences, Carrol Clarkson 12. Totemic Imminanence: Peter Fitzpatrick’s Liminal Contemplation of Law: Time that is Always Gone Stays Still, A Moment in this Quiet Room, Johan Van Der Walt 13. Beginnings are Always, Denise Ferreira Da Silva 14. The Legal Imperative, Peter Fitzpatrick June 2011: 234 x 156: 256pp Hb: 978-0-415-56854-8: £75.00 For more information, visit: www.routledge.com/9780415568548

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Medical Ethics and Healthcare Law Biomedical Law and Ethics Library NEW

Abortion Law and Policy An Equal Opportunity Perspective Kerry Petersen, La Trobe University, Australia After at least half a century of political and legal agitation for the liberalization of abortion, most liberal democracies make provision for lawful abortion, but retain criminal penalties for unlawful abortion practices. Legal solutions which have redefined abortion as a health matter represent the views of the majority and accommodate the needs of most women seeking to terminate a pregnancy. Nevertheless, there are still minorities at both ends of the spectrum who refuse to accept the legalization of abortion for any reason, or who refused to accept any restriction on abortion prior to live birth. Periodically, public disputes arise or scandals occur which give minority view holders the opportunity to re-open the political debate and remind the public that the matter is far from settled. In some jurisdictions such as Britain and Australia, women do not have a right to abortion and in most of these jurisdictions both medical practitioners and women can be criminally liable under these abortion laws. Abortion Law and Policy is a scholarly analysis of reproductive freedoms and rights within a legal and policy framework. The book looks at legal models in common law and civil law jurisdictions rather than specific laws, and draws substantially on developments in the United States, Canada, Australia and Britain. The book challenges the assumption that abortion should be regulated by law and exposes the discriminatory irrational and fragile foundations upon which abortion laws are currently based. Kerry Petersen argues that archaic criminal abortion laws and the more ‘enlightened’ health/criminal approaches to abortion are discriminatory in that they deprive approximately half of the population of the right to personal autonomy. Offering a compelling critique of current abortion laws, this book will be of interest to students and scholars of law, healthcare studies, sociology, gender studies and social policy. Selected Contents: 1. Abortion: An Overview of Abortion Regulation 2. A Social Context 3. Criminal Common Law Model 4. Criminal Health Model 5. Qualified Rights Model 6. Reproductive Autonomy Model 7. Abortion and Equal Opportunity: Conclusions May 2011: 234 x 156: 232pp Hb: 978-0-415-49472-4: £85.00 Pb: 978-0-415-49474-8: £29.99

Autonomy, Consent and the Law

NEW

Sheila A.M. McLean, University of Glasgow, UK

Methods, Theories, Scopes

Marcus Düwell, Utrecht University, the Netherlands

Bioethics

Autonomy is often said to be the dominant ethical principle in modern bioethics, and it is also important in law. Respect for autonomy is said to underpin the law of consent, which is theoretically designed to protect the right of patients to make decisions based on their own values and for their own reasons. The notion that consent underpins beneficent and lawful medical intervention is deeply rooted in the jurisprudence of countries throughout the world. However, Autonomy, Consent and the Law challenges the relationship between consent rules and autonomy, arguing that the very nature of the legal process inhibits its ability to respect autonomy, specifically in cases where patients argue that their ability to act autonomously has been reduced or denied as a result of the withholding of information which they would have wanted to receive. Sheila McLean further argues that the bioethical debate about the true nature of autonomy – while rich and challenging – has had little if any impact on the law. Using the alleged distinction between the individualistic and the relational models of autonomy as a template, the author proposes that, while it might be assumed that the version ostensibly preferred by law – roughly equivalent to the individualistic model – would be transparently and consistently applied, in fact courts have vacillated between the two to achieve policy-based objectives. This is highlighted by examination of four specific areas of the law which most readily lend themselves to consideration of the application of the autonomy principle: namely refusal of life-sustaining treatment and assisted dying, maternal/foetal issues, genetics and transplantation. This book will be of great interest to scholars of medical law and bioethics.

’This is a book that embraces neither a single ethical theory nor a pragmatic melange of just-so-principles. It is a thoughtful and engaging analysis of diverse theoretical foundations in Bioethics. It is also an enormous step towards conceptual and philosophical clarity in this fascinating area.’ – Professor Christian Illies, Chair for Practical Philosophy at the Otto-Friedrich University Bamberg, Germany This book is a philosophically-oriented introduction to bioethics. It offers the reader an overview of key current debates in bioethics in the areas including organ retrieval, stem cell research, justice in healthcare and issues in environmental ethics including issues surrounding food and agriculture. But the book also seeks to go beyond describing the issues in order to provide the reader with the methodological and theoretical tools for a more comprehensive understanding of bioethical debates. The book investigates the theoretical foundations and normative implications of bioethical debates and situates the areas of ethics into their philosophical context. Selected Contents: Part 1: What is Bioethics? An Introduction 1. An Introduction to Bioethics? 2. Biosciences, Biomedicine, Bioethics: A Description of the Current Situation 3. Bioethics – History and Concept Part 2: Bioethics and Moral Philosophy 4. The Tension between Moral Philosophy and Bioethics 5. Bioethics and Normative Ethics Part 3: Interdisciplinary Issues in Bioethics 6. Moral Status 7. ‘Nature’ and ‘Life’ 8. Humans and Culture 9. New Technologies and the Scope of Responsibility Part 4: Domains and Discussions in Bioethics 10. Bioethics and Human Medicine 11. ‘Green’ Bioethics Part 5: Conclusion 12. Perspectives of Bioethics June 2011: 234 x 156: 256pp Hb: 978-0-415-60991-3: £85.00 For more information, visit: www.routledge.com/9780415609913

Selected Contents: 1. Autonomy Introduced 2. Autonomy in Law 3. Consent and the Law 4. Autonomy and Pregnancy 5. Autonomy at the End of Life 6. Autonomy and Transplantation 7. Autonomy and Genetics 8. Autonomy and Consent Revisited 2009: 234 x 156: 256pp Hb: 978-0-415-47339-2: £95.00 Pb: 978-0-415-47340-8: £29.99 eBook: 978-0-203-87319-9 For more information, visit: www.routledge.com/9780415473408

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NEW

NEW

NEW IN 2012

The Jurisprudence of Pregnancy

Health Professionals and the Emergence of Distrust

Medicine and Law at the Limits of Life

Concepts of Conflict, Persons and Property

Maladies of Medical Law

Clinical Ethics in Action

Mary Ford, University of Strathclyde, UK

Mark Henaghan, University of Otago, New Zealand

Richard Huxtable, University of Bristol, UK

This book takes a critical conceptual approach to the jurisprudence of pregnancy, examining how the three concepts of conflict, personhood and property are key to the legal analysis and decision-making surrounding pregnancy. The book begins by questioning the ‘conflict model’ which is often assumed to capture the essence of legal debates on maternal/foetal issues, asking why it exerts such discursive power despite the lack of a genuine conflict of interest in the legal sense.

Over the past twenty years there has been a shift in medical law and practise to increasingly distrust the judgement of health professionals. An increasing number of codes of conduct, disciplinary bodies, ethics committees and bureaucratic policies now prescribe how health professional and health researchers should act and relate to their patients. The result of this, Mark Henaghan argues, has been to undermine trust and professional judgement in health professionals, while simultaneously failing to trust the patient to make decisions about their care.

There has been a recent flurry of judicial and legislative activity in the realm of end-of-life decision-making, particularly around decisions to provide, or deny, life-supporting treatment to critically ill patients who are not capable of expressing their wishes. This book will focus upon decisions to withhold or withdraw life-supporting treatment from incompetent patients. The book offers a critical examination of the latest developments such as the Mental Capacity Act 2005, alongside more familiar principles such as the ’best interests’ standard, with a view to developing a new framework for resolving disputes in the clinic that is not only theoretically robust but also practically relevant.

The book goes on to critically examine the concept of personhood, questioning its usefulness. Mary Ford argues that legal personhood lack justificatory force while the philosophical concept of moral personhood is fundamentally unsound, so that the concept of personhood is insufficient in this context. The book finally moves to examine the concept of property, analysing whether embryos could or should be regarded as property. It is argued that the avoidance of property does the jurisprudence of pregnancy few favours, and that an engagement with the neglected concept of property has the potential to refresh our thinking about pregnancy, and about the way we frame our legal debates about maternal / foetal issues. Selected Contents: Part 1: Conflict 1. Where is the Conflict? 2. Why is Conflict of Interest? Part 2: Personhood 3. Personhood in the Maternal/Foetal Context 4. Personhood as Metaphysical Harm Part 3: Property 5. Could Embryos and Foetuses be Objects of Property? 6. Should Embryos and Foetuses be Objects of Property? 7. Conclusion June 2011: 234 x 156: 220pp Hb: 978-0-415-55559-3: £75.00 For more information, visit: www.routledge.com/9780415555593

Healthcare Research Ethics and Law

This book will look at the issue of health professionals and trust comparatively in a number of countries including the USA, Canada, Australia, New Zealand and the UK. The book will show by historical analysis of legislation, case law, disciplinary proceedings reports, articles in medical and law journals and protocols produced by management teams in hospitals, how the shift from trust to lack of trust has happened. Drawing comparisons between situations where trust is respected such as in emergency situations, and where it is not for example routine decisions such as obtaining consent for an anaesthetic procedure, the book shows how this erosion of trust has the potential to dehumanise the special nature of the relationship between healthcare professionals and patients. The effect of this is that the practice of health care is turned into a mechanistic enterprise controlled by ’management processes’ rather than governed by trust and individual care and judgement. Selected Contents: 1. Trusting Health Professionals in Emergency Cases and Cases of Necessity 2. The Emergence of the Distrust of Health Professionals 3. The Consequences of Distrust 4. The Distrust of Patient Choice 5. The Cure December 2010: 234 x 156: 224pp Hb: 978-0-415-49581-3: £85.00 Pb: 978-0-415-49582-0: £29.99 For more information, visit: www.routledge.com/9780415495820

Key questions addressed by the book include: • Which legal and ethical principles ought to guide health care professionals in deciding whether or not to provide life-supporting treatment to an incompetent patient? • Who should have a say over whether or not treatment is provided, and whose voice – if anyone’s – ought to be loudest? • What mechanisms ought to be in place for resolving disputes and disagreements when they arise in end-of-life care? • What role can and should clinical ethics committees play in these decisions? Selected Contents: 1. Introduction 2. The Limits of Medicine at the Limits of Life 3. The Limits of Law at the Limits of Life 4. Which Values? Theory in Conflict 5. Whose Values? Conflict in the Clinic 6. Making Values Visible: Clinical Ethics in Action 7. Conclusion March 2012: 234 x 156: 232pp Hb: 978-0-415-49279-9: £85.00 Pb: 978-0-415-49280-5: £29.99 For more information, visit: www.routledge.com/9780415492805

Regulation, Review and Responsibility Hazel Biggs, University of Lancaster, UK

The book explores and explains the relationship between law and ethics in the context of medically related research in order to provide a practical guide to understanding for members of research ethics committees (RECs), professionals involved with medical research and those with an academic interest in the subject.

Healthcare Research Ethics and Law sets out the law as it relates to the functions of Research Ethics Committees (RECs) within the context of the process of ethical review and aims to be accessible and readily understood by REC members. Each chapter begins by locating the material within the practical context of ethical review and then provides a more theoretical and analytical discussion detailing how the theory and practice fit together. The key legal issues of confidentiality, consent and negligence are addressed in detail, alongside practical guidance as to how and when liability may be incurred in these areas. In addition, the practical and legal implications of the implementation of European Directive 2001/20/EC, the Human Tissue Act 2004 and the Mental Capacity Act 2005 are considered alongside a discussion of their socio-political background and relevance for medical research in the UK.

Full Table of Contents For full table of contents on all titles featured in this catalog, visit: www.routledge.com/law

Selected Contents: 1. Introduction Part 1 2. Brief History of Research Ethics 3. Research Ethics in Theory and Practice 4. Legal Liabilities of RECs 5. Consent 6. Confidentiality Issues in Research Part 2: Specialist Concerns 7. Researching Vulnerable Groups 8. Human Tissue 9. Conclusions and Thorny Issues 2009: 234 x 156: 206pp Hb: 978-1-904385-48-6: £95.00 • Pb: 978-0-415-42917-7: £29.99 • eBook: 978-0-203-94040-2 For more information, visit: www.routledge.com/9780415429177

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The Body in Bioethics

NEW

Alastair V. Campbell, National University of Singapore

Genomic Negligence

Recent debates about uses and abuses of the human body in medicine have highlighted the need for a thorough discussion of the ethics of the uses of bodies, both living and dead.

The English Tort Regime and Novel Grievances

Thorough and comprehensive, this volume explores different views of the significance of the human body and contrasting those which regard it as a commodity or personal possession with those which stress its moral value as integral to the personal identity of individuals. The Body in Bioethics addresses a number of key questions including:

Advances in human genetics are set to revolutionise the way we think about our health. The increasing availability of genetic tests will lead to a situation where we know more about others and they know more about us. Furthermore, genetic knowledge enables us to predict and modify our genetic future and the genetic future of subsequent generations.

• Should it be legal to sell human organs for transplantation? • Are public displays of plastinated bodies or public autopsies morally justifiable? • Should there be restrictions on the uses of human tissue in teaching and research? • Is the rapid increase in volume and range of cosmetic surgery a matter for moral concern? This careful study of moral values provides essential background to many of the current controversies in medical ethics and is essential reading for all students of law, medical law and medical ethics. Selected Contents: 1. Why the Body Matters 2. My Body – Property, Commodity or Gift? 3. Body Futures 4. The Tissue Trove 5. The Branded Body 6. Gifts from the Dead 7. Together at Last

Victoria Chico, University of Sheffield, UK

Within the context of such changing social circumstances, this book identifies novel grievances that might be generated by modern human genetic technologies. In the absence of dedicated regulation, such novel grievances would be articulated via the tort system. The book considers how the English tort regime might respond to the perceived wrongs identified as potentially arising from the application of new genetic technologies in health care settings. Following on from this, Genomic Torts considers whether a more claimant-orientated reaction to the perceived wrongs might arise if the English tort system were explicitly imbued with a recognition of an interest in personal autonomy. Selected Contents: 1. Introduction 2. Recent Developments in Human Genetics 3. The Culture of English Negligence Law 4. Theories of Autonomy 5. Negligence in Reproductive Genetics: The Child’s Perspective 6. Negligence in Reproductive Genetics: The Parents’ Perspective 7. Genetic Information: The Failure to Warn 8. Genetic Information: Unwanted Disclosure 9. Breach of Autonomy – A New Tort? 10. Conclusion December 2010: 234 x 156: 256pp Hb: 978-0-415-49518-9: £80.00

2009: 234 x 156: 168pp Hb: 978-1-84472-057-6: £95.00 Pb: 978-1-84472-056-9: £29.99 eBook: 978-0-203-94041-9

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Biomedical Law and Ethics Library Series – Backlist Title

Author

Date

Format & ISBN

Price

Assisted Dying www.routldge.com/9781844720545

Sheila A.M. McLean

2007

Hb: 978-1-84472-055-2 Pb: 978-1-84472-054-5 eBook: 978-0-203-94047-1

£95.00 £29.99

The Best Interests of the Child in Healthcare www.routldge.com/9781844720422

Sarah Elliston

2007

Hb: 978-1-84472-043-9 Pb: 978-1-84472-042-2 eBook: 978-0-203-94046-4

£90.00 £29.99

Bioethics and the Humanities www.routledge.com/9781844720521

Robin Downie and Jane Macnaughton

2007

Hb: 978-1-84472-053-8 Pb: 978-1-84472-052-1 eBook: 978-0-203-94502-5

£95.00 £29.99

Defending the Genetic Supermarket www.routledge.com/9781844720583

Colin Gavaghan

2007

Hb: 978-1-84472-059-0 Pb: 978-1-84472-058-3 eBook: 978-0-203-94499-8

£95.00 £29.99

Euthanasia, Ethics and the Law www.routledge.com/9781844721061

Richard Huxtable

2007

Hb: 978-1-84472-105-4 Pb: 978-1-84472-106-1 eBook: 978-0-203-94044-0

£90.00 £29.99

The Harm Paradox: Tort Law & Unwanted Child www.routledge.com/9781844721085

Nicky Priaulx

2007

Hb: 978-1-84472-107-8 Pb: 978-1-84472-108-5 eBook: 978-0-203-94513-1

£95.00 £29.99

Human Fertilisation & Embryology www.routlegde.com/9781844720903

Edited by Kirsty Horsey and Hazel Biggs

2006

Hb: 978-1-84472-091-0 Pb: 978-1-84472-090-3

£95.00 £29.99

Impairment and Disability www.routledge.com/9781844720408

Sheila A.M. McLean and Laura Williamson

2007

Hb: 978-1-84472-041-5 Pb: 978-1-84472-040-8 eBook: 978-0-203-94498-1

£95.00 £29.99

Intention and Causation in Medical Non-Killing www.routldge.com/9780415423021

Glenys Williams

2006

Hb: 978-1-84472-027-9 Pb: 978-0-415-42302-1 eBook: 978-0-203-94051-8

£95.00 £29.99

Medicine, Malpractice and Misapprehensions www.routledge.com/978-0-415-42809-5

Vivienne Harpwood

2007

Hb: 978-0-415-42807-1 Pb: 978-0-415-42809-5

£90.00 £29.99

Values in Medicine www.routledge.com/9780415424691

Donald Evans

2007

Hb: 978-0-415-42468-4 Pb: 978-0-415-42469-1 eBook: 978-0-203-94042-6

£90.00 £29.99

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Global Health and Human Rights NEW Legal and Philosophical Perspectives Reproductive Ethics and the Law Edited by John Harrington, University of Liverpool, UK and Maria Stuttaford, University of Warwick, UK Series: Routledge Research in Human Rights Law The right to health, having been previously neglected is now being deployed more and more often in litigation, activism and policy-making across the world. International bodies such as the WHO, UNAIDS, World Bank and WTO are increasingly using or being evaluated with reference to health rights, and international NGOs frequently use the language of rights in campaigning and in more concrete litigation. This book brings together an impressive array of internationally renowned scholars in the areas of law, philosophy and health policy to critically interrogate the development of rights based approaches to health. The volume integrates discussion of the right to health at a theoretical level in law and ethics, with the difficult substantive issues where the right is relevant, and with emerging systems of global health governance. The contributions to this volume will add to our theoretical and practical understanding of rights based approaches to health. Selected Contents: 1. Introduction, John Harrington and Maria Stuttaford 2. The Place of the Human Right to Health and Contemporary Approaches to Global Justice: Some Impertinent Interrogations, Upendra Baxi 3. Developing and Applying the Right to the Highest Attainable Standard of Health: The Role of the UN Special Rapporteur (2002-2008), Paul Hunt and Sheldon Leader 4. What Future for the Minimum Core? Contextualizing the Implications of South African Socio-Economic Rights Jurisprudence for the International Human Right to Health, Lisa Forman 5. The Ancillary-Care Responsibilities of Researchers: Reasonable But Not Great Expectations, Roger Brownsword 6. Human Rights and Health Sector Corruption, Brigit Toebes 7. The Child’s Right to Health and the Courts, Aoife Nolan 8. The World Health Organization, the Evolution of Human Rights and the Failure to Achieve Health for All, Benjamin Mason Meier 9. The Human Right to Health in an Age of Market Hegemony, Paul O’Connell June 2010: 234 x 156: 232pp Hb: 978-0-415-47938-7: £75.00 eBook: 978-0-203-85063-3 For more information, visit: www.routledge.com/9780415479387

A Comparative Approach Samantha Halliday, University of Liverpool, UK

Topical and contemporary, this book explores a number of current issues relating to reproduction. Critically analyzing medical ethics and the law in a variety of jurisdictions, it makes suggestions on reforming the law in the UK.

Looking at the relationship between the law and medical ethics in a number of jurisdictions, including Germany, the US, France, the Republic of Ireland, Australia, the Netherlands and Belgium, the author examines: • embryo research • failed sterilization • the fertility of the incompetent • international initiatives, such as the Convention for the Protection of Human Rights and Dignity of the Human Being with regard to the application of biology and medicine. This is a valuable book for those studying law and medical healthcare law. Selected Contents: 1. Introduction: Reproductive Ethics, the Interests Involved and the Use of Law to Regulate Reproduction 2. Controlling the Fertility of the Incompetent (Considering the Law in England, Wales, Canada, Germany and the USA) 3. Liability for Harm Caused by a Failed Sterilisation (Considering the Law in England, Wales, France and the Netherlands) 4. Medically Assisted Reproduction (Including a Discussion of the Law Relating to Saviour Siblings and Genetic Testing, Considering the Law in England and Wales, Italy and Germany) 5. Embryo Research (Including Embryonic Stem Cell Research (Considering the Law in the UK, the Netherlands and Germany) 6. Abortion (Considering the Law in the UK, Germany, the Republic of Ireland and the USA) 7. Court Authorised Obstetric Intervention: Caesareans and Blood Transfusions (Considering the Law in England, Wales and the USA) 9. Conclusions March 2011: 234 x 156: 350pp Hb: 978-1-85941-918-2: £85.00 Pb: 978-0-415-42303-8: £30.99 For more information, visit: www.routledge.com/9780415423038

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Patient Safety, Law Policy and Practice Edited by John Tingle, Nottingham Trent University and Pippa Bark, University College London, UK Patient safety is an issue which in recent years has grown to prominence in a number of countries’ political and health service agendas. The World Health Organisation has launched the World Alliance for Patient Safety. Millions of patients, according to the Alliance, endure prolonged ill-health, disability and death caused by unreliable practices, services, and poor health care environments. At any given time 1.4 million people worldwide are suffering from an infection acquired in a health facility. Patient Safety, Law Policy and Practice explores the impact of legal systems on patient safety initiatives. It asks whether legal systems are being used in appropriate ways to support state and local managerial systems in developing patient safety procedures, and what alternative approaches can and should be utilized. The chapters in this collection explore the patient safety managerial structures that exist in countries where there is a developed patient safety infrastructure and culture. The legal structures of these countries are explored and related to major in-country patient safety issues such as consent to treatment protocols and guidelines, complaint handling, adverse incident reporting systems, and civil litigation systems, in order to draw comparisons and conclusions on patient safety. Selected Contents: Introduction: The Development of a Patient Safety Policy Agenda, John Tingle 1. Managing Safety, Quality and Risk , Ash Samanta and Jo Samanta 2. Pre-Trial Clinical Negligence Issues, Charles Foster 3. The Tort of Negligence and Patient Safety, Jose Miola 4. Medical Ethics and Patient Safety, Nils Hoppe 5. Psychological Aspects of Patient Safety, Pippa Bark 6. Blame Free Reporting: International Developments, Johan Legemaate 7. Economic Aspects of Hospital Patient Safety, Stephen Heasell 8. Patient Safety in Secondary Care, Ash Samanta and Jo Samanta 9. Patient Safety in Mental Health Care , Eva Sundin, James Houston and Jamie Murphy 10. Regulating Patient Safety in the European Union: Realistic Aspiration or Unattainable Goal?, Jean V. McHale 11. Patient Safety and Clinical Risk Management in Germany, Marc Stauch 12. Patient Safety and Clinical Risk in Canada, Joan M Gilmour 13. Patient Safety and Clinical Risk in the USA, Ronni P. Solomon 14. Patient Safety in American Health Care: Regulatory Models, Barry R. Furrow 15. Responding to Patient Harm: Patient Safety Initiatives in Australia, Merrilyn Walton March 2011: 234 x 156: 224pp Hb: 978-0-415-55731-3: £75.00 eBook: 978-0-203-83073-4 For more information, visit: www.routledge.com/9780415557313

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Law and Religion The Jewish Law Annual Volume 18 Edited by Berachyahu Lifshitz, The Hebrew University of Jerusalem, Israel Series: Jewish Law Annual Volume eighteen of The Jewish Law Annual adds to the growing list of articles on Jewish law that have been published in volumes one to seventeen of this series, providing English-speaking readers with scholarly articles presenting jurisprudential, historical, textual and comparative analysis of issues in Jewish law. Selected Contents: 1. The Prohibition against Consulting Two Authorities and the Nature of Halakhic Truth, Shimshon Ettinger 2. The Changing Profile of the Parent-Child Relationship in Jewish law, Yehiel Kaplan 3. Jewish Law in London: Between Two Societies, Amihai Radzyner 4. Corporal Punishment of Children in Jewish Law: a Comparative Study, Benjamin Shmueli 5. Recovery for Infliction of Emotional Distress: toward Relief for the Agunah, Ronnie Warburg 6. The Agent who Breaches his Principal’s Trust, Michael Wygoda March 2010: 234 x 156: 336pp Hb: 978-0-415-57404-4: £75.00 eBook: 978-0-203-85524-9 For more information, visit: www.routledge.com/9780415574044

volume 19 July 2011: 234 x 156: 320pp Hb: 978-0-415-61958-5: £75.00 For more information, visit: www.routledge.com/9780415619585

NEW

Islam, Law and Identity Edited by Marinos Diamantidis and Adam Gearey, both at Birkeck, University of London, UK Islam, Law and Identity brings together a range of Muslim and non Muslim scholars in order to focus on recent debates about the nature of sacred and secular law. Law is central to the complex ways in which different Muslim communities and institutions create and re-create their identities around symbols of faith and law. But what is at stake here is not a conflict between common law and Shari`a, but the possibility of opening both forms of law to different constructions of identity. Exploring a more nuanced and sophisticated understanding of the differences and similarities between the secular and the divine, this collection examines the different legacies of monotheism, and their connection with legal traditions. And, in so doing, it takes up the specific conjunctions of traditions that give meaning, and constitute identity, in relation to such terms as Shari`a law, modernity and secularisation. Selected Contents: Introduction Part 1: Feminism, Law and Identity 1. One Law against Another? Human Rights, Divine Authority and the Common Law, Adam Gearey 2. British Jihad: Islam, Law and Feminism, Qudsia Mirza 3. British Muslim Women, Identity, Human Rights and the Securitization of Islam, Katherine Brown Part 2: Islam, (post) Empire and Citizenship 4. Siayasa or Qanun: Nineteenth-Century Legal Reforms in Egypt and the Ottoman Empire, Khaled Fahmy 5. The 1917 Ottoman Family Code: A Pioneer Step in Internal Reformation of Islamic Law, Constitutionalization of Equality and Laicization of Religious Law, Havva Guney 6. Unruly Identity: Confessions, Law and Citizenship in Lebanon, Mara Kolesas 7. The Invention of Islamic Criminal Law: Sodomy, Comparative Law and the Human Rights Activist, Amr Shalakany Part 3: Theology, Politics and Jurisprudence 8. How do we Talk of Legalism and Islam?, Marinos Diamantides 9. Juridical Theology: Faith, Technique, and Tradition, Alain Pottage 10. Between Politics and Religion: Muslim Identity and the Emergence of Cultural Islam, John Strawson April 2011: 234 x 156: 240pp Hb: 978-0-415-56681-0: £75.00

NEW

Understanding the Islamic Veiling Controversy

For more information, visit: www.routledge.com/9780415566810

Anastasia Vakulenko, University of Birmingham, UK Understanding the Islamic Veiling Controversy provides a sophisticated analysis of relevant legislation and case law in order to examine the assumptions and limits of the debates surrounding the issue of Islamic veiling. For some, Islamic veiling indicates a lack of autonomy, the oppression of women and the threat of Islamic radicalism to Western secular values; for others, it suggests a positive autonomous choice and a legitimate exercise of one’s freedom of religion – a much treasured right in democratic societies. Across seemingly diverse legal and political traditions, however, a set of discursive frameworks – the preoccupation with autonomy and choice; the imperative of gender equality; and a particular secular understanding of religion and religious subjectivity – shape the positions of both proponents and opponents of various restrictions on Islamic veiling. Rather than take a position on one or the other side of the debate, this book explores and challenges these frameworks. And, in so doing, it brings a consistent and sophisticated theoretical outlook to a comprehensive consideration of Islamic veiling controversies, as they have arisen around the world. Selected Contents: 1. Islamic Veiling in Focus 2. Islamic Veiling: Legal Developments 3. Autonomy and Choice 4. Gender Equality 5. Religion and Secularism March 2011: 234 x 156: 208pp Hb: 978-0-415-56550-9: £75.00 For more information, visit: www.routledge.com/9780415565509

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Honour, Violence, Women and Islam Edited by Mohammad Mazher Idriss, University of Coventry, UK and Tahir Abbas, University of Birmingham, UK

Why are honour killings and honour-related violence (HRV) so important to understand? What do such crimes represent? And how does HRV fit in with Western views and perceptions of Islam? This distinctively comparative collection examines the concept of HRV against women in general and Muslim women in particular. The issue of HRV has become a sensitive subject in many South Asian and Middle Eastern countries and it has received the growing attention of the media, human rights groups and academics around the globe. However, the issue has yet to receive detailed academic study in the United Kingdom, particularly in terms of both legal and sociological research. This collection sets out the theoretical and ethical parameters of the study of HRV in order to address this intellectual vacuum in a socio-legal context. The key objectives of this book are: to construct, and to develop further, a theory of HRV; to rationalise and characterise the different forms of HRV; to investigate the role of religion, race and class in society within this context, in particular, the role of Islam; to scrutinise the role of the civil/criminal law/justice systems in preventing these crimes; and to inform public policy-makers of the potential policies that may be employed in combating HRV. Selected Contents: 1. Introduction, Mohammad Mazher Idriss 2. Honour-Related Violence Towards South Asian Muslim Women, Tahir Abbas 3. The Silencing of Women from the Pakistani Muslim Mirpuri Community in Violent Relationships, Zahira Latif 4. There is Nothing ’Honourable’ About Honour Killings: Gender, Violence and the Limits of Multiculturalism Veena Meeto and Heidi Safia Mirza 5. Collective Crimes, Collective Victims: A Case Study into the Murder of Banaz Mahmod, Joanne Lee Payton 6. Honour and Shame in Domestic Homicide: A Critical Analysis of the Provocation Defence, Anna Carline 7. Does the Qur’an Condone Domestic Violence, Sadia Kauser, Sjaad Hussain, Mohammad Mazher Idriss 8. The Construction of ‘Honour’ in Indian Criminal Law: An Indian Lawyer’s Perspective, Geeta Ramaseshan 9. Men’s Violence and Women’s Responsibility: Mothers’ Stories about Honour Violence, Åsa Eldén 10. Lack of Due Diligence: Judgments of Crimes of Honour in Turkey, Leylâ Pervizat 11. A Comparative Study of the Reform Work Conducted in Asia and Europe to Combat Violence and So-Called Honour Murders, Rana Husseini 12. Ending Honour Crimes in Sub Saharan Africa: Looking at a Long Hard Death, Nancy Kaymar Stafford 13. Conversations Across Borders: Men and Honour Related Violence in the UK and Sweden, Suruchi Thapar-Björkert 14. Tackling ‘Crimes of Honour:’ Evaluating the Social and Legal Responses to Combating Forced Marriages in the United Kingdom, Samia Bano 15. Reconfiguring ‘Honour’-Based Violence as a Form of Gendered Violence, Aisha Gill July 2010: 234 x 156: 256pp Hb: 978-0-415-56542-4: £75.00 eBook: 978-0-203-84698-8 For more information, visit: www.routledge.com/9780415565424

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l aw and religion

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NEW

NEW

Islamic Law and the Law of Armed Conflict

Law and the Wearing of Religious Symbols

Law and Religion in Public Life

The Conflict in Pakistan Niaz A. Shah, University of Hull, UK

European Bans on the Wearing of Religious Symbols in Education

Edited by Nadirsyah Hosen and Richard Mohr, both at University of Wollongong, Australia

Series: Routledge Research in the Law of Armed Conflicts

Erica Howard, Middlesex University, UK

Islamic Law and the Law of Armed Conflict demonstrates how international law can be applied in Muslim states in a way that is compatible with Islamic law. Within this broader framework of compatible application, Niaz A. Shah argues that the Islamic law of qital (i.e. armed conflict) and the law of armed conflict are compatible with each other and that the former can complement the latter at national and regional levels. Shah identifies grey areas in the Islamic law of qital and argues for their expansion and clarification. Shah also calls for new rules to be developed to cover what he calls the blind spots in the Islamic law of qital. He shows how Islamic law and the law of armed conflict could contribute to each other in certain areas, such as, the law of occupation; air and naval warfare; and the use of modern weaponry. Such a contribution is neither prohibited by Islamic law nor by international law.

Schools and some universities in countries across Europe have banned the wearing of religious symbols and dress by teachers and/or pupils and have brought forward a number of arguments why these bans are necessary. But are these bans really always necessary or even justified by the arguments brought forward? And, are schools violating human rights or anti-discrimination measures by introducing bans? On what grounds can such bans be challenged in court and are there any guidelines for schools which make such challenges less likely? Is the present situation satisfactory or are there better ways of dealing with these issues? These are some of the questions the book examines by analysing the existing legislation and case law in Europe and in European countries.

Shah applies the Islamic law of qital and the law of armed conflict to a live armed conflict in Pakistan and argues that all parties, the Taliban, the security forces of Pakistan and the American CIA, have violated one or more of the applicable laws. He maintains that whilst militancy is a genuine problem, fighting militants does not allow or condone violation of the law. Selected Contents: 1. Introduction Part 1: The Islamic Law of Qital and the Law of Armed Conflict 2. The Islamic Law of Qital 3. The Islamic Law of Qital among Muslims 4. The Islamic Law of Qital and the Law of Armed Conflict Part 2: The Armed Conflict in Pakistan 5. Fighting the Taliban: A Legal Perspective 6. War Crimes in the Armed Conflict in Pakistan Part 3: Concluding Remarks 7. Concluding Remarks March 2011: 234 x 156: 176pp Hb: 978-0-415-56396-3: £75.00 eBook: 978-0-203-83077-2 For more information, visit: www.routledge.com/9780415563963

Law and Faith in a Sceptical Age Anthony Bradney, University of Keele, UK

Law and Faith in a Sceptical Age is an analysis of the legal position of religious believers in the dominantly secular society of Great Britain.

Selected Contents: Introduction 1. Religious Communities in a Secular Society 2. Protecting Religiosity, Religion and Religious Communities 3. The Established Churches 4. Incitement to Religious Hatred 5. Families and Laws 6. Education 7. Law and Religion: A New Concordat? 2009: 234 x 156: 184pp Hb: 978-1-904385-73-8: £80.00 eBook: 978-0-203-88215-3 For more information, visit: www.routledge.com/9781904385738

The book looks at a number of countries in Europe including the UK, France and Germany and considers the situation under the European Convention for Human Rights and Fundamental Freedoms as well as relevant EU measures. The book explores whether decisions on bans of religious symbols in education and the way these are made at present are satisfactory and whether other provisions or measures are necessary and can be adopted to improve on the present situation. In doing this, the book will go beyond merely analysing the bans in place to suggest a legislative solution to improve the fairness of the balancing exercise necessary to make decisions on bans. This book will be of interest students and academics in law, human rights, political science, sociology and education, but will also be valuable for policy-makers and educationalists. Selected Contents: 1. Definitions 2. Arguments For/Against Bans on Religious Symbols in Schools 3. Bans on Religious Symbols as a Violation of Human Rights 4. Bans on Religious Symbols as a Breach of Anti-Discrimination Legislation 5. Objective Justification of Bans on Religious Symbols 6. Reasonable Accommodation of Religious Manifestations 7. Conclusions and Ways Forward September 2011: 234 x 156: 256pp Hb: 978-0-415-60264-8: £75.00 For more information, visit: www.routledge.com/9780415602648

NEW

The Right to Religious Freedom in International Law

The Contemporary Debate

Following the 9/11 terrorist attack, the attention paid to the issue of how peoples of various faiths live by both secular laws as well as their religious law has increased significantly. The issues of freedom of religion and religious accommodation in law are being debated in courts and legislatures across numerous jurisdictions. Such debates are also closely associated with broader discussions around secularism, multiculturalism, immigration, settlement and security. The book is unique in bringing together leading scholars and respected religious leaders to address contemporary issues in the relationship of law, religion and the state. The contributors to the volume bring legal, theoretical, historical and religious insights to bear on some of the most pressing social issues of our time. The variety of perspectives highlights the religious dimensions of law, the legal dimensions of religion, and the interaction between secular law and religion. Particular attention is given to the implications for law and society, religious tolerance and freedom. The book focuses on the practical and topical issues that have arisen in recent years in Australia. As one of the most ethnically diverse countries in the world, a pioneer of multicutural policies in immigration and social justice, Australia is a revealing site for contemporary studies in a world afraid of immigration and terrorism, issues that are affecting much of the globe. Selected Contents: Part 1: Relationships between Religion and State: Historical and Theoretical Perspectives 1. Classifying Church-State Arrangements – Beyond Religious versus Secular, Darryn Jensen 2. The Future of Secularism: A Critique, Margaret Davies 3. Christian Origins of Secularism and the Rule of Law, Richard Mohr Part 2: Law and Religion: Practical and Jurisprudential Considerations 4. The Role of a Jewish Court in Australia, Rabbi Jeremy Lawrence 5. Does Australia Need a Mufti? Analysing the Institution of Ifta in an Australian Contemporary Context, Mohamad Abdalla 6. Why Should I Do This? Private Property Theory and Religion, Paul Babie 7. Religion and Justice: Atonement as an Element of Justice in both Western Law and Christian thought’, Cassandra Sharp Part 3: Religion, Violence and Regulation: A Critique of Law and Social Policies 8. Religion, Multiculturalism and Legal Pluralism, Frank Brennan 9. Religion and Domestic Violence: More than a Matter of Misinterpretation, Daniel Stepniak 10. Religion and Freedom of Speech, Kath Gelber 11. Religion and Security, Nadirsyah Hosen May 2011: 234 x 156: 320pp Hb: 978-0-415-57249-1: £75.00 For more information, visit: www.routledge.com/9780415572491

Between Group Rights and Individual Rights Anat Scolnicov, University of Cambridge, UK Series: Routledge Research in Human Rights Law This book analyses the right to religious freedom within international law. Analysing legal structures in a variety of both Western and non-Western jurisdictions, the book sets out a topography of the different constitutional structures of religion within the state and their compliance with international human rights law. The book also considers the position of women’s religious freedom vis a vis community claims of religious freedom. Taking a rigorous approach to the right, Anat Scolnicov argues that the interpretation and application of religious freedom must be understood as a conflict between individual and group claims of rights, and argues for an individualistic interpretation of this right. Selected Contents: 1. Existing Protection of Religious Freedom in International Law 2. Why is there a Right to Freedom of Religion? 3. The Legal Status of Religion in the State 4. Women and Religious Freedom 5. Children, Education and Religious Freedom 6. Religious Freedom as a Right of Free Speech 7. Conclusion October 2010: 234 x 156: 280pp Hb: 978-0-415-48114-4: £75.00 eBook: 978-0-203-84263-8 For more information, visit: www.routledge.com/9780415481144

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s o c i a l p o l i cy

Social Policy Contemporary Issues in Public Policy

NEW

A Cross-National Approach

Jill Peay, London School of Economics, UK

Luigi M. Solivetti, University of Rome – La Sapienza, Italy

NEW

Health and the National Health Service John Carrier, London School of Economics, UK and Ian Kendall, University of Portsmouth, UK

Immigration, Social Integration and Crime

Reviewing recent healthcare policy in the NHS, this book firmly locates the NHS in the context of the welfare state. Setting health policy in both an historical and modern context (post-1997) Carrier and Kendall weigh up the successes and failures of the National Health Service in the United Kingdom and examine the conflicts which have driven the Health Service for over fifty years.

After looking at recent responses to the apparent failure of healthcare in the United Kingdom, they conclude that the NHS has successfully met the challenges it faced when founded over sixty years ago and is likely to continue to meet the changing health needs of the population. This excellent book is appropriate for a wide range of undergraduate and postgraduate students studying health policy and the NHS. Selected Contents: 1. Social Assistance and Voluntarism 2. Social Insurance and Local Government 3. War and Welfare 4. Political Parties and Pressure Groups 5. Efficiency and Equity 6. Reorganization and Rationality 7. Managers and Markets 8. New Labour and New NHS 9. Health and Health Care 10. The Role of the State 11. Rationing, Regulation and Rights 12. NHS: Success or Failure? May 2011: 234 x 156: 350pp Hb: 978-1-904385-14-1: £75.00 For more information, visit: www.routledge.com/9781904385141

The problem of social control has constituted the acid test for the entire issue of immigration and integration. But whilst recent studies show that the crime rate for non-nationals is three, four or more, times higher than that of the country’s ’own’ citizens, academic interest in these statistics has been inhibited by the political difficulties they raise. Immigration, Social Integration and Crime addresses this issue directly. Providing a thorough analysis of immigration and crime rates in all of the main European countries, as well as examining the situation in the US, Luigi M. Solivetti concludes that the widespread notion that a large non-national population produces high crime rates must be rejected. Noting the undeniably substantial, but significantly variable, contribution of non-nationals to crime statistics in Western Europe, he nevertheless goes on to analyze and explain the factors that influence the relationship between immigration and crime. It is the characteristics of the ’host’ countries that are shown to be significantly associated with non-nationals’ integration and, ultimately, their involvement in crime. In particular, Solivetti concludes, it is ’social capital’ in the host societies – comprized of features such as education, transparency, and openness – that plays a key role in non-nationals’ integration chances, and so in their likelihood to commit crime. Supported by extensive empirical data and statistical analysis, Immigration, Social Integration and Crime provides an invaluable contribution to one of the most pressing social and political debates – in Europe, and elsewhere. Selected Contents: Section 1: The Debate on Immigration and Criminality: Past and Present Section 2: The Research Project Section 3: National and Non-National Population in Western Europe Section 4: Criminality in the Countries of Western Europe Section 5: Non-Nationals in Prison, Non-Nationals Charged Section 6: Indicators of Socio-Economic Condition, Integration and Origin May 2010: 234 x 156: 224pp Hb: 978-0-415-49072-6: £70.00 eBook: 978-0-203-88078-4 For more information, visit: www.routledge.com/9780415490726

Mental Health and Crime

Does mental disorder cause crime? Does crime cause mental disorder? And if either of these could be proved to be true what consequences should stem for those who find themselves deemed mentally disordered offenders? Mental Health and Crime examines the nature of the relationship between mental disorder and crime. It concludes that the broad definition of what is an all too common human condition – mental disorder – and the widespread occurrence of an equally all too common human behaviour – that of offending – would make unlikely any definitive or easy answer to such questions. For those who offend in the context of mental disorder, many aspects of the criminal justice process, and of the disposals that follow, are adapted to take account of a relationship between mental disorder and crime. But if the very relationship is questionable, is the way in which we deal with such offenders discriminatory? Or is it perhaps to their benefit to be thought of as less responsible for their offending than fully culpable offenders? The book thus explores not only the nature of the relationship, but also the human rights and legal issues arising. It also looks at some of the permutations in the therapeutic process that can ensue when those with mental health problems are treated in the context of their offending behaviour. Selected Contents: Introduction 1. Mental Health and Crime 2. Crime 3. Mental Disorder 4. Are Mental Disorder and Crime Related? 5. Types of Crime 6. Mental Disorder and Violence 7. Symptoms and Causality 8. Causal Mechanisms, Criminology and Mental Disorder 9. Human Rights and Mentally Disordered Offenders 10. Deprivation of Liberty 11. Mental Disorder and Detention: A Perspective from Prison 12. The Intersection between Penality and Therapeutic Detention: Indeterminate Sentences for Public Protection 13. Medical Treatment: Offenders, Patients and Their Capacity 14. Individual and Personal Consequences: The Case of Smoking 15. Impossible Paradoxes 16. Treatment, Mental Disorder, Crime, Responsibility and Punishment 17. Fitness to Plead 18. Dangerous and Severe Personality Disorder 19. Culpability and Treatment: Chasing Dragons? 20. Conclusions September 2010: 234 x 156: 248pp Hb: 978-1-904385-60-8: £75.00 eBook: 978-0-203-84258-4 For more information, visit: www.routledge.com/9781904385608

Contemporary Issues in Public Policy Series – Backlist Title

Author

Date

Format & ISBN

Price

Child Sexual Abuse www.routledge.com/9781904385684

Julia Davidson

2008

Hb: 978-1-904385-69-1 Pb: 978-1-904385-68-4 eBook: 978-0-203-92873-8

£90.00 £30.99

Key Issues in Women’s Work www.routledge.com/9781904385165

Catherine Hakim

2004

Pb: 978-1-904385-16-5

£32.99

The Police and Social Conflict www.routledge.com/9781904385233

Nigel Fielding

2005

Pb: 978-1-904385-23-3

£31.99

UK Election Law www.routledge.com/9781859419168

Bob Watt

2006

Pb: 978-1-85941-916-8

£33.99

Browse and order online: www.routledge.com/law

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3rd Edition

Higher Education Law

Public Administration and Law

Policy and Perspectives

David H. Rosenbloom, American University, Washington, DC, USA, Rosemary O’Leary, Maxwell School of Syracuse University, New York, USA and Joshua Chanin, American University, Washington, DC, USA

Klinton Alexander, Vanderbilt University, USA and Kern Alexander, University of Illinois at Urbana, USA

Higher Education Law is a comprehensive and accessible guide to the law of higher education. Drawing from real-life cases on United States campuses, the authors equip readers with the tools and knowledge to effectively respond in an environment of increasing litigation.

This textbook clearly explains the higher education law emanating from federal and state constitutions, as well as the common law flowing from appellate courts throughout the US Addressing a clear gap in the literature currently available, this text provides: • an explanation of the point of law • case examples • rules of law • case notes • ’context setting’. This innovative approach weaves law into its historical, political and sociological context, and is designed to help students and professors better understand the law as it applies to colleges and universities. It also provides higher education administrators in student affairs, development, philanthropy, and financial affairs with clear guidance on the legal responsibilities of their respective offices. Selected Contents: 1. Nature of Law 2. Legal Structure of Higher Education 3. Religion 4. Student Fees and Tuition 5. Students and Parietal Rules: Fees, Living and Learning 6. State Action and Students Rights and Liberties at Private Colleges 7. Contractual Relationship Between Student and University 8. Student Dismissals and Procedural Due Process of Law 9. Substantive Due Process: Liberty and Property Interests of Students in Grading and Dismissals 10. Student Speech, Expression and Association 11. Free Speech and Electronic Communication 12. Student Press 13. Search and Seizure 14. Tort Liability 15. Defamation, Student Records and the Federal Family Education Rights and Privacy Act 16. Immunity from Liability of State Institutions 17. Liability and Immunity of Private Institutions 18. Racial Integration and Diversity in Higher Education 19. Gender-Based Discrimination 20. Academic Freedom 21. Faculty Loyalty Oaths and Self-Incrimination 22. Faculty Contracts, Tenure and Collective Bargaining 23. Faculty and Due Process of Law 24. Speech in Public Institutions 25. Intellectual Property December 2010: 254 x 178: 736pp Hb: 978-0-415-80030-3: £100.00 Pb: 978-0-415-80031-0: £64.99 eBook: 978-0-203-84694-0 For more information, visit: www.routledge.com/9780415800310

Series: Public Administration and Public Policy Since the first edition of Public Administration and Law was published in 1983, it has retained its unique status of being the only book in the field of public administration that analyzes how constitutional law regulates and informs the way administrators interact with each other and the public. Examining First, Fourth, Fifth, Eighth, and Fourteenth Amendment rights as they pertain to these encounters, it explains how public administrators must do their jobs and how administrative systems must operate in order to comply with constitutional law.

The book begins by presenting a historical account of the way constitutional and administrative law have incrementally ’retrofitted’ public agencies into the nation’s constitutional design. It examines the federal judiciary’s impact on federal administration and the effect of the nation’s myriad environmental laws on public administration. Next, it focuses on the role of the individual as a client and customer of public agencies. In a discussion of the Fourth Amendment, it examines street-level encounters between citizens and law enforcement agents. Responding to the rise of the new public management (NPM), it also adds, for the first time in this edition, a chapter that analyzes the rights of the individual not only as a government employee but also as a government contractor. The final chapters of the book address issues concerning the rights of inmates in administrative institutions and balancing the need to protect individual rights with the ability of agencies to function effectively. Supplemented with case citations and lists of articles, books, and documents, this text is designed to facilitate further study in a constantly evolving area. June 2010: 235 x 156: 353pp Hb: 978-1-4398-0398-1: £49.99

Welfare’s Forgotten Past A Socio-Legal History of the Poor Law Lorie Charlesworth, Liverpool John Moores University, UK

That ‘poor law was law’ is a fact that has slipped from the consciousness of historians of welfare in England and Wales, and in North America. Welfare’s Forgotten Past remedies this situation by tracing the history of the legal right of the settled poor to relief when destitute. Poor law was not simply local custom, but consisted of legal rights, duties and obligations that went beyond social altruism. This legal ‘truth’ is, however, still ignored or rejected by some historians, and thus ‘lost’ to social welfare policy-makers. This forgetting or minimising of a legal, enforceable right to relief has not only led to a misunderstanding of welfare’s past; it has also contributed to the stigmatisation of poverty, and the emergence and persistence of the idea that its relief is a ’gift’ from the state. Documenting the history and the effects of this forgetting, whilst also providing a ‘legal’ history of welfare, Lorie Charlesworth argues that it is timely for social policy-makers and reformists – in Britain, the United States and elsewhere – to reconsider an alternative welfare model, based on the more positive, legal aspects of welfare’s 400-year legal history. Selected Contents: 1. Introduction: A History of Forgetting 2. Rights of the Poor: Towards a Negative Modernity 3. Socio-Legal Juristic Narratives: Poor Law’s Legal Foundations 4. Deconstructing from the Negative: A Critical Historiography of Legal [Mis]conceptions 5. Lived Experience: The Poor ‘Speak’ 6. Paupers as Textual Analysis: Exploring the Settlement Entitlement Through Little Dorrit 7. Lived Experience: Poor Law Administration 8. Developments and Transformation Over Time: Dichotomising the Poor 9. The Road to Beveridge: Deforming Welfare 10. End Thoughts: On the Transience of Legal Memory 2009: 234 x 156: 248pp Hb: 978-0-415-47738-3: £80.00 eBook: 978-0-203-86367-1 For more information, visit: www.routledge.com/9780415477383

For more information, visit: www.routledge.com/9781439803981

NEW

The Subject of Prostitution Sex/Work, Law and Social Theory Jane Scoular, University of Strathclyde, UK The Subject of Prostitution offers a distinctive analysis of the links between prostitution and social theory in order to advance a critical analysis of the relationship of law to sex/work. Using the lens of social theory to disrupt fixed meanings the book provides an advanced analytical framework through which to understand the complexity and contingencies of sex/work in late-modernity. The book analyses contemporary citizenship discourse and the law’s ability to meet the competing demands of empowerment by sexworkers and protection by radical feminists who view prostitution as the epitome of patriarchal sexual and economic relations. Its central focus is the role of law in both structuring and responding to the ‘problem of prostitution’. This is particularly pertinent in a period of unprecedented legal reform, both internationally and nationally, as legal norms simultaneously attempt to protect, empower and criminalise parties involved in the purchase of sexual services. The Subject of Prostitution aims to provide an advanced theoretical resource for policy-makers, researchers and activists involved in contemporary struggles over the meanings and place of sex/work in late modernity. May 2011: 234 x 156: 240pp Hb: 978-1-904385-51-6: £75.00 For more information, visit: www.routledge.com/9781904385516

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jo u r n a l s

4th Edition

A Teacher’s Guide to Education Law Michael Imber, University of Kansas, USA and Tyll van Geel, University of Rochester, USA

This clearly written text, which is adapted from its parent volume, Education Law, fourth edition, provides a concise introduction to topics in education law that are most relevant to teachers. The greater the likelihood of litigation or error in a particular area of professional practice the more extensive the discussion. Topics concerning teacher relationships with their students include: student rights, discipline, negligence, discrimination, and special education. Topics concerning teacher relationships with their employers include: teacher rights, hiring and firing, contracts, unions, collective bargaining, and tenure. Key features include the following: • Presentation – To aid comprehension, technical terms are carefully explained when first introduced and discussions of complex topics move logically from overview to elaboration of important details to summary of key topics and principles. • Flexibility – Because it is concise and affordable, A Teacher’s Guide to Education Law can be used in a variety of courses or in professional seminars dealing with teachers and the law. • New Material – All chapters have been updated to include the case law and legislation of the past five years. About half have undergone major revision. The index now contains almost 200 more entries than in the third edition • Authors – Michael Imber (Ph.D. Stanford University) is professor of Educational Leadership and Policy Studies in the School of Education at the University of Kansas. Tyll van Geel (Ed.D.Harvard University; J.D. Northwestern University) is Taylor Professor of Education Emeritus in the Graduate School of Education, University of Rochester. This text is suitable for any course within a teacher education program that is devoted solely or partly to the legal issues that concern teachers.

Selected Contents: Preface 1. Understanding Education Law 2. Curriculum 3. Student Freedom of Expression 4. Student Discipline 5. Equal Educational Opportunity: Race and Gender 6. Students with Special Needs 7. Federal Constitutional and Statutory Rights of Teachers 8. Teacher Employment 9. Collective Bargaining, Unions, and Teacher Contracts 10. Torts. The Constitution of the United States of America. Table of Cases. Index March 2010: 254 x 178: 368pp Hb: 978-0-415-87577-6: £100.00 Pb: 978-0-415-99463-7: £35.99 eBook: 978-0-203-85988-9 For more information, visit: www.routledge.com/9780415994637

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First published in 1974, the Commonwealth Law Bulletin is the flagship publication of the Legal and Constitutional Affairs Division (LCAD) of the Commonwealth Secretariat. A comprehensive periodical of the law and legal affairs, the Bulletin is a refereed journal that provides essential reading for judges, attorneys general, law ministers, law reform agencies, academics and private practitioners and others who must keep abreast of the law and legal developments. The Bulletin also helps foster harmonised approaches to emerging legal issues throughout the Commonwealth. Volume 37, 2011, 4 issues per year Print ISSN: 0305-0718, Online ISSN: 1750-5976 www.tandf.co.uk/journals/rclb

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International Journal of the Legal Profession is an academic journal addressing the organization, structure, management and infrastructure of the legal professions of the common law and civil law world.

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International Review of Law, Computers & Technology is an international review devoted to the study of both the principles and practices bearing on the interaction of computers, other new technologies, and the law. The rapid advances made by technology are radically changing the face of our society. New media now exist in areas such as the creation and the distribution of information and entertainment. They must still be governed by law but which laws are relevant, and which new laws need to be established?

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index A A. Sweeney, James. . . . . . . . . . . . . . . . . . . . . 27 A.M. McLean, Sheila. . . . . . . . . . . . . . . . . . . . 69 Aalberts, Tanja . . . . . . . . . . . . . . . . . . . . . . . . 38 Abbas, Tahir. . . . . . . . . . . . . . . . . . . . . . . . . . 73 Aboriginal Customary Law . . . . . . . . . . . . . . . 46 Abortion Law and Policy. . . . . . . . . . . . . . . . . 69 Absent Environments . . . . . . . . . . . . . . . . . . . 79 Accounting and Distributive Justice. . . . . . . . . . 2 Adelman, Sam . . . . . . . . . . . . . . . . . . . . . . . . 30 After Sovereignty . . . . . . . . . . . . . . . . . . . . . . 63 Age of Imprisonment . . . . . . . . . . . . . . . . . . . 10 Akram, Susan M. . . . . . . . . . . . . . . . . . . . . . . 38 Akseli, Orkun . . . . . . . . . . . . . . . . . . . . . . . . . 17 Alam, Shawkat. . . . . . . . . . . . . . . . . . . . . . . . 52 Aldohni, Abdul Karim. . . . . . . . . . . . . . . . . . . 18 Alexander, Kern . . . . . . . . . . . . . . . . . . . . . . . 76 Alexander, Klinton W.. . . . . . . . . . . . . . . . . . . 76 Ali, Shahla F.. . . . . . . . . . . . . . . . . . . . . . . . . . . 6 Almqvist, Jessica. . . . . . . . . . . . . . . . . . . . . . . 53 Alternative Perspectives on Lawyers and Legal Ethics. . . . . . . . . . . . . . . . . . . . . . . . . 61 Amao, Olufemi. . . . . . . . . . . . . . . . . . . . . . . . . 1 Anarchism & Sexuality. . . . . . . . . . . . . . . . . . . 62 Anderson, Jack. . . . . . . . . . . . . . . . . . . . . 59, 79 Apodaca, Clair . . . . . . . . . . . . . . . . . . . . . . . . 28 Applied Psychology Series (series). . . . . . . . . . . 8 Are Human Rights for Migrants?. . . . . . . . . . . 28 Armstrong, David. . . . . . . . . . . . . . . . . . . . . . 38 Arnell, Paul. . . . . . . . . . . . . . . . . . . . . . . . . . . 38 Ashford, Chris. . . . . . . . . . . . . . . . . . . . . . . . . 24 Asian Yearbook of International Law. . . . . . . . 34 Asian Yearbook of International Law (series). . . 34 Assisted Dying . . . . . . . . . . . . . . . . . . . . . . . . 71 Asylum, Welfare and the Cosmopolitan Ideal. . 28 Audiovisual Regulation under Pressure . . . . . . 54 Autonomy, Consent and the Law . . . . . . . . . . 69

B Badescu, Cristina Gabriela. . . . . . . . . . . . . . . . 43 Bail. . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . 7 Bailliet, Cecilia. . . . . . . . . . . . . . . . . . . . . . . . . 64 Bakircioglu, Onder . . . . . . . . . . . . . . . . . . . . . 39 Baldry, Anna Costanza . . . . . . . . . . . . . . . . . . 15 Balint, Jennifer . . . . . . . . . . . . . . . . . . . . . . . . 42 Bannelier, Karine. . . . . . . . . . . . . . . . . . . . . . . 34 Barbier, Marie-Claude. . . . . . . . . . . . . . . . . . . 79 Barbour, Charles. . . . . . . . . . . . . . . . . . . . . . . 63 Bark, Pippa. . . . . . . . . . . . . . . . . . . . . . . . . . . 72 Bartlett, Francesca. . . . . . . . . . . . . . . . . . . . . . 61 Bas, Ralph. . . . . . . . . . . . . . . . . . . . . . . . . . . . 12 Bath, Vivienne. . . . . . . . . . . . . . . . . . . . . . . . 19 Being against the World. . . . . . . . . . . . . . . . . 58 Ben-Dor, Oren. . . . . . . . . . . . . . . . . . . . . . . . . 54 Benedek, Wolfgang . . . . . . . . . . . . . . . . . . . . 43 Bennett, Colin J.. . . . . . . . . . . . . . . . . . . . . . . 15 Berkman, Paul Arthur. . . . . . . . . . . . . . . . . . . 42 Bernaz, Nadia. . . . . . . . . . . . . . . . . . . . . . . . . 33 Best Interests of the Child in Healthcare, The. . 71 Beyens, Kristel. . . . . . . . . . . . . . . . . . . . . . . . . 12 Beyond Transcendence in Law and Philosophy. . . . . . . . . . . . . . . . . . . . . . . . . . 58 Biagi-Chai, Francesca . . . . . . . . . . . . . . . . . . . 16 Bibbings, Lois. . . . . . . . . . . . . . . . . . . . . . . . . . 7 Biggs, Hazel . . . . . . . . . . . . . . . . . . . . . . . 70, 71 Bilimoria, Diane. . . . . . . . . . . . . . . . . . . . . . . . 45 Binding Men. . . . . . . . . . . . . . . . . . . . . . . . . . . 7 Bioethics. . . . . . . . . . . . . . . . . . . . . . . . . . . . . 69 Bioethics and the Humanities . . . . . . . . . . . . . 71 Biomedical Law & Ethics Library (series). . . . . . . . . . . . . . . . . . . . . . . 69, 70, 71 Birkbeck Law Press (series) . . . . . . . . . 57, 58, 59

Black, C.F.. . . . . . . . . . . . . . . . . . . . . . . . . . . . 59 Blomley, Nicholas . . . . . . . . . . . . . . . . . . . . . . 63 Body in Bioethics, The. . . . . . . . . . . . . . . . . . . 71 Borda, Aldo Zammit. . . . . . . . . . . . . . . . . 37, 67 Borgmann-Prebil, Yuri. . . . . . . . . . . . . . . . . . . 59 Born, Hans. . . . . . . . . . . . . . . . . . . . . . . . . . . 43 Bottici, Chiara. . . . . . . . . . . . . . . . . . . . . . . . . 58 Bottoms, Anthony. . . . . . . . . . . . . . . . . . . 13, 14 Bradford, Ben. . . . . . . . . . . . . . . . . . . . . . . . . 13 Bradgate, Robert. . . . . . . . . . . . . . . . . . . . . . . . 2 Bradney, Anthony. . . . . . . . . . . . . . . . . . . . . . 74 Breau, Susan. . . . . . . . . . . . . . . . . . . . . . . . . . 43 Brennan, Fernne. . . . . . . . . . . . . . . . . . . . . . . 41 Bronitt, Simon. . . . . . . . . . . . . . . . . . . . . . . . . . 8 Brooks, Kim . . . . . . . . . . . . . . . . . . . . . . . . . . 25 Brown, Mark. . . . . . . . . . . . . . . . . . . . . . . . . . 14 Buchanan, Ruth . . . . . . . . . . . . . . . . . . . . 52, 68 Buch-Hansen, Hubert. . . . . . . . . . . . . . . . . . . . 4 Bullock, Karen. . . . . . . . . . . . . . . . . . . . . . . . . 16 Bussani, Mauro. . . . . . . . . . . . . . . . . . . . . . . . 79 Butler, Chris . . . . . . . . . . . . . . . . . . . . . . . . . . 56

C C. Kettemann, Matthias. . . . . . . . . . . . . . . . . 43 Cabatingan, Lee. . . . . . . . . . . . . . . . . . . . . . . 49 Cahill Ripley, Amanda. . . . . . . . . . . . . . . . . . . 26 Cambridge Criminal Justice Series (series). . 13, 14 Cameron, Hazel . . . . . . . . . . . . . . . . . . . . . . . 41 Campbell, Alastair V.. . . . . . . . . . . . . . . . . . . . 71 Campbell, Kirsten. . . . . . . . . . . . . . . . . . . . . . 40 Capital Punishment and Political Sovereignty. . . 8 Carr, Indira. . . . . . . . . . . . . . . . . . . . . . . . . . . 77 Cardwell, Paul James . . . . . . . . . . . . . . . . . . . 21 Carl Schmitt: Law as Politics, Ideology and Strategic Myth. . . . . . . . . . . . . . . . . . . . . . . 56 Carrier, John. . . . . . . . . . . . . . . . . . . . . . . . . . 75 Cartelization, Antitrust and Globalization in the US and Europe . . . . . . . . . . . . . . . . . . . 41 Cavandoli, Sofia. . . . . . . . . . . . . . . . . . . . . . . 26 Centralised Enforcement, Legitimacy and Good Governance in the EU . . . . . . . . . . . . 20 Certain Share of Low Cunning, A . . . . . . . . . . 10 Chadwick, Elizabeth. . . . . . . . . . . . . . . . . . . . 36 Challand, Benoît. . . . . . . . . . . . . . . . . . . . . . . 58 Chan, Philip . . . . . . . . . . . . . . . . . . . . . . . . . . . 7 Chanin, Joshua. . . . . . . . . . . . . . . . . . . . . . . . 76 Charlesworth, Lorie. . . . . . . . . . . . . . . . . . . . . 76 Chico, Victoria . . . . . . . . . . . . . . . . . . . . . . . . 71 Chigara, Ben. . . . . . . . . . . . . . . . . . . . . . . . . . 53 Child Hunger and Human Rights. . . . . . . . . . . 28 Child Pornography . . . . . . . . . . . . . . . . . . . . . . 8 Children and International Human Rights Law. . . 22 Child Sexual Abuse. . . . . . . . . . . . . . . . . . . . . 75 Chimni, B.S.. . . . . . . . . . . . . . . . . . . . . . . . . . 34 Choice and Consent. . . . . . . . . . . . . . . . . . . . 79 Choudhry, Shazia. . . . . . . . . . . . . . . . . . . . . . 23 Christakis, Théodore. . . . . . . . . . . . . . . . . . . . 34 Clarke, Ronald V. . . . . . . . . . . . . . . . . . . . . . . 16 Cleminson, Richard. . . . . . . . . . . . . . . . . . . . . 62 Clinician’s Guide to Violence Risk Assessment. . 11 Collier, Richard. . . . . . . . . . . . . . . . . . . . . . . . 24 Collins, Dana . . . . . . . . . . . . . . . . . . . . . . . . . 31 Collins, Richard. . . . . . . . . . . . . . . . . . . . . . . . 35 Colonialism, Slavery, Reparations and Trade. . . 41 Combating Economic Crimes . . . . . . . . . . . . . 18 Commonwealth Law Bulletin (Journal) . . . . . . 77 Comparative Perspectives on Communal Lands and Individual Ownership . . . . . . . . . 46 Complicity: The Hidden Role of Britain and France in Rwanda’s Genocide . . . . . . . . . . . 41 Constitutions . . . . . . . . . . . . . . . . . . . . . . . . . 58 Contemporary Issues in Public Policy (series). . . 75 Contemporary Security Studies (series) . . . . . . . . Cooper, Davina. . . . . . . . . . . . . . . . . . . . . . . . 62 Corbin, Lillian. . . . . . . . . . . . . . . . . . . . . . . . . 61 Corporate Social Responsibility, Human Rights and the Law . . . . . . . . . . . . . . . . . . . . . . . . . 1

Complimentary Exam Copy

Corporeality, Medical Technologies and Contemporary Culture. . . . . . . . . . . . . . . . . 57 Cortés, Pablo . . . . . . . . . . . . . . . . . . . . . . . . . 55 Cosmopolitan Justice and its Discontents . . . . 64 Cottrell, Jill. . . . . . . . . . . . . . . . . . . . . . . . . . . 51 Cotula, Lorenzo . . . . . . . . . . . . . . . . . . . . . . . . . Counter-Terrorism and Beyond. . . . . . . . . . . . 39 Counter-terrorism and the Detention of Suspected Terrorists. . . . . . . . . . . . . . . . . . . 39 Courts of Genocide, The. . . . . . . . . . . . . . . . . 41 Cowan, Sharon. . . . . . . . . . . . . . . . . . . . . . . . 79 Cox, David J.. . . . . . . . . . . . . . . . . . . . . . . . . . 10 Crawley, Elaine M. . . . . . . . . . . . . . . . . . . . . . 10 Cremer, Hans-Joachim . . . . . . . . . . . . . . . . . . . 7 Crime Ethnography (series). . . . . . . . . . . . 12, 14 Crime Scenes . . . . . . . . . . . . . . . . . . . . . . . . . 60 Crime Science Series (series) . . . . . . . . . . . . . . 16 Criminal Law and Policy in the European Union . . . . . . . . . . . . . . . . . . . . . . . . . . . . . 20 Criminology of Pleasure, The. . . . . . . . . . . . . . 11 Critical Approaches to Law (series) . . . . 6, 52, 65 Critical Concepts in Law (series). . . . . . . . . 17, 38 Critical Perspectives on the Responsibility to Protect . . . . . . . . . . . . . . . . . . . . . . . . . . 28 Cropanzano, Russell. . . . . . . . . . . . . . . . . . . . . 3 Cross-Border Law Enforcement. . . . . . . . . . . . . 8 Cullet, Philippe. . . . . . . . . . . . . . . . . . . . . . . . 48 Cultural Expertise and Litigation . . . . . . . . . . . 55 Cunliffe, Philip . . . . . . . . . . . . . . . . . . . . . . . . 28 Currency of Justice, The . . . . . . . . . . . . . . . . . 11 Current Controversies in Law (series). . . . . . . 2, 6 Current State of Domain Name Regulation, The. . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . 55

D da Silva Lopes, Teresa. . . . . . . . . . . . . . . . . . . . 5 Dakolias, Maria. . . . . . . . . . . . . . . . . . . . . . . . 65 d’Aspremont, Jean. . . . . . . . . . . . . . . . . . . . . 36 Davidson, Julia . . . . . . . . . . . . . . . . . . . 8, 23, 75 de Beco, Gauthier. . . . . . . . . . . . . . . . . . . . . . 27 Defending the Genetic Supermarket. . . . . . . . 71 de Lacy, John . . . . . . . . . . . . . . . . . . . . . . . . . . 5 De Schutter, Helder. . . . . . . . . . . . . . . . . . . . . 44 De Ville, Jacques. . . . . . . . . . . . . . . . . . . . . . . 57 Dearey, Melissa. . . . . . . . . . . . . . . . . . . . . . . . 14 Debeljak, Julie. . . . . . . . . . . . . . . . . . . . . . . . . 10 Delaney, David . . . . . . . . . . . . . . . . . . . . . . . . 48 Deleuze & Guattari: Emergent Law. . . . . . . . . 57 Delivery of Human Rights, The . . . . . . . . . . . . 29 Dembour, Marie-Benedicte. . . . . . . . . . . . . . . 28 Democracy, Equality, and Justice. . . . . . . . . . . 42 Deschamps, Bénédicte . . . . . . . . . . . . . . . . . . 79 Desistance from Sex Offending. . . . . . . . . . . . 11 Development of Intellectual Property Regimes in the Arabian Gulf States, The . . . . . . . . . . 32 Development of the Chinese Legal System, The. . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . 5 Development, Sexual Rights and Global Governance. . . . . . . . . . . . . . . . . . . . . . . . . 29 Dezalay, Yves . . . . . . . . . . . . . . . . . . . . . . . . . 50 Diamantides, Marinos. . . . . . . . . . . . . . . . . . . 79 Diamantidis, Marinos . . . . . . . . . . . . . . . . . . . 73 Disability and New Media. . . . . . . . . . . . . . . . 54 Discourse on Domination in Mandate Palestine, A. . . . . . . . . . . . . . . . . . . . . . . . . 42 Discourses of Law (series). . . . . . . . . . . . . 59, 60 Dojcinovic, Predrag. . . . . . . . . . . . . . . . . . . . . 44 Domestic Politics of International Trade, The. . . 16 Dorsett, Shaunnagh . . . . . . . . . . . . . . . . . . . . 65 Douzinas, Costas . . . . . . . . . . . . . . . . . . . . . . 58 Downie, Robin . . . . . . . . . . . . . . . . . . . . . . . . 71 Dragomir, Larisa. . . . . . . . . . . . . . . . . . . . . . . 17 Drakopoulou, Maria. . . . . . . . . . . . . . . . . . . . 63 Drugs, Crime and Public Health. . . . . . . . . . . . 12 Duguid, Paul. . . . . . . . . . . . . . . . . . . . . . . . . . . 5 Dumper, Michael. . . . . . . . . . . . . . . . . . . . . . 38 Ducan, Nigel. . . . . . . . . . . . . . . . . . . . . . . . . . 77 Dünkel, Frieder. . . . . . . . . . . . . . . . . . . . . . . . 14

Düwell, Marcus. . . . . . . . . . . . . . . . . . . . . . . . 69 Dynamics of Desistance, The. . . . . . . . . . . . . . 11

E Eco Crime and Genetically Modified Food. . . . 12 Economics of Legal Relationships (series) . . 32, 65 EEO Law and Personnel Practices, Third Edition. . . 2 Egerton, Frazer. . . . . . . . . . . . . . . . . . . . . . . . 45 Eisner, Julia. . . . . . . . . . . . . . . . . . . . . . . . . . . 79 Elder Law. . . . . . . . . . . . . . . . . . . . . . . . . . . . 22 Electronically Monitored Punishment. . . . . . . . 12 Elkin-Koren, Niva . . . . . . . . . . . . . . . . . . . . . . 33 Ellis, Katie. . . . . . . . . . . . . . . . . . . . . . . . . . . . 54 Elliston, Sarah. . . . . . . . . . . . . . . . . . . . . . . . . 71 Emerging Areas of Human Rights in the 21st Century. . . . . . . . . . . . . . . . . . . . . . . . 26 Emotions, Genre, and Justice in Film and Television. . . . . . . . . . . . . . . . . . . . . . . . . . . 55 Empty Justice . . . . . . . . . . . . . . . . . . . . . . . . . 79 Endowed . . . . . . . . . . . . . . . . . . . . . . . . . . . . 60 Ensuring and Enforcing Economic, Social and Cultural Rights . . . . . . . . . . . . . . . . . . . 26 Environmental Governance in Europe and Asia. . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . 47 Environmental Security in the Arctic Ocean. . . 42 Era of Transitional Justice, The. . . . . . . . . . . . . 40 Eriksen, Christoffer C.. . . . . . . . . . . . . . . . . . . 21 Escape Routes: Contemporary Perspectives on Life after Punishment. . . . . . . . . . . . . . . 12 Esposito, Carlos . . . . . . . . . . . . . . . . . . . . . . . 53 Essays on Human Rights. . . . . . . . . . . . . . . . . 29 Ethics Project in Legal Education, The. . . . . . . 61 Euthanasia, Ethics and the Law. . . . . . . . . . . . 71 EU as a ‘Global Player’ in Human Rights?, The. . . 27 EU External Relations and Systems of Governance. . . . . . . . . . . . . . . . . . . . . . . . . 21 EU Race Directive, The . . . . . . . . . . . . . . . . . . 22 European Constitution, Welfare States and Democracy, The. . . . . . . . . . . . . . . . . . . . . . 21 European Court of Human Rights in the Post-Cold War Era, The. . . . . . . . . . . . . . . . 27 European Prudential Banking Regulation and Supervision. . . . . . . . . . . . . . . . . . . . . . 17 Europeanisation of Contract Law, The. . . . . . . . 6 Evans, Donald. . . . . . . . . . . . . . . . . . . . . . . . . 71 Events: The Force of International Law . . . . . . 37 Everson, Michelle . . . . . . . . . . . . . . . . . . . . . . 79 Evgeny Pahukanis: A Critial Reappraisal. . . . . . 56 Evolving EU Counter-terrorism Legal Framework, The . . . . . . . . . . . . . . . . . . . . . 21 Expanding Frontiers of Global Trade Rules. . . . 17

F Falcon, Sylvanna. . . . . . . . . . . . . . . . . . . . . . . 31 Falk, Richard. . . . . . . . . . . . . . . . . . . . . . . . . . 79 Fangfei Wang, Faye. . . . . . . . . . . . . . . . . . . . 55 Farrall, Stephen. . . . . . . . . . . . . . . . . . . . . . . . 12 Farran, Sue. . . . . . . . . . . . . . . . . . . . . . . . . . . 30 Farrington, David P.. . . . . . . . . . . . . . . . . . . . . 14 Fay, Derick . . . . . . . . . . . . . . . . . . . . . . . . . . . 79 Fede, Andrew. . . . . . . . . . . . . . . . . . . . . . . . . 32 Fedtke, Jörg . . . . . . . . . . . . . . . . . . . . . . . . . . 30 Fielding, Nigel. . . . . . . . . . . . . . . . . . . . . . . . . 75 Feminist Encounters with Legal Philosophy. . . 63 Feminist Perspectives (series). . . . . . . . . . . . . . . 7 Feminist Perspectives on Tort Law. . . . . . . . . . . 7 Fennell, Shailaja . . . . . . . . . . . . . . . . . . . . . . . 53 Fenton, Rachel Anne. . . . . . . . . . . . . . . . . . . . 23 Ferreira, Nuno. . . . . . . . . . . . . . . . . . . . . . . . . . 6 Fineman, Martha Albertson. . . . . . . . . . . . . . . 25 FitzGerald, Sharron. . . . . . . . . . . . . . . . . . . . . 24 Fitzpatrick, Peter. . . . . . . . . . . . . . . . . . . . 64, 65 Flashback. . . . . . . . . . . . . . . . . . . . . . . . . . . . 12 Flower, John. . . . . . . . . . . . . . . . . . . . . . . . . . . 2 Ford, Mary . . . . . . . . . . . . . . . . . . . . . . . . . . . 70 Foreign Investment and Dispute Resolution Law and Practice in Asia . . . . . . . . . . . . . . . 19

e-Inspection New in Paperback Companion Website


index

Forrest, Craig . . . . . . . . . . . . . . . . . . . . . . . . . 38 Foucault and Criminology. . . . . . . . . . . . . . . . 13 Foucault’s Law . . . . . . . . . . . . . . . . . . . . . . . . 64 Foucault’s Monsters and the Challenge of Law. . . . . . . . . . . . . . . . . . . . . . . . . . . . . 64 Foundations of Clinical Science and Practice (series). . . . . . . . . . . . . . . . . . . . . . . . . . . . . 10 Four Lacanian Discourses, The. . . . . . . . . . 58, 79 Framing Crime . . . . . . . . . . . . . . . . . . . . . . . . 13 Franko Aas, Katja. . . . . . . . . . . . . . . . . . . 64, 79 Freedom of Expression . . . . . . . . . . . . . . . . . . 79 Freedom, Autonomy and Privacy. . . . . . . . . . . 63 From Heritage to Terrorism. . . . . . . . . . . . . . . 52 Fuentes, Claudio. . . . . . . . . . . . . . . . . . . . . . . 44 Fundamental Rights and Tort Law in Europe. . . 6

G Gao, Xuan . . . . . . . . . . . . . . . . . . . . . . . . . . . 17 Garth, Bryant . . . . . . . . . . . . . . . . . . . . . . . . . 50 Gearey, Adam. . . . . . . . . . . . . . . . . . . . . . . . . 73 Gavaghan, Colin. . . . . . . . . . . . . . . . . . . . . . . 71 Gender and Transitional Justice. . . . . . . . . . . . 41 Gender Equality, Citizenship and Human Rights. . . . . . . . . . . . . . . . . . . . . . . . . . . . . 30 Gender Equity and Institutional Transformation . . . . . . . . . . . . . . . . . . . . . . 45 Gender, Sexualities and Law. . . . . . . . . . . . . . 23 Gendered Risks. . . . . . . . . . . . . . . . . . . . . . . . 79 Genocide, State Crime, and the Law. . . . . . . . 42 Genomic Negligence. . . . . . . . . . . . . . . . . . . . 71 Ghai CBE, Yash. . . . . . . . . . . . . . . . . . . . . . . . 51 Ghandour, Zeina B.. . . . . . . . . . . . . . . . . . . . . 42 Gibbons, Thomas. . . . . . . . . . . . . . . . . . . . . . 54 Gilbert, Geoff. . . . . . . . . . . . . . . . . . . . . . . . . 29 Gillespie, Alisdair A. . . . . . . . . . . . . . . . . . . . . . 8 Giorgio Agamben: Power, Law and the Uses of Criticism . . . . . . . . . . . . . . . . . . . . . . . . . 57 Glinavos, Ioannis. . . . . . . . . . . . . . . . . . . . . . . 53 Global Health and Human Rights . . . . . . . . . . 72 Global Perspectives on the Rule of Law. . . . . . 49 Global Politics and the Responsibility to Protect (series). . . . . . . . . . . . . . . 43, 44, 45 Globalisation and the Quest for Social and Environmental Justice . . . . . . . . . . . . . . . . . 52 Godden, Lee. . . . . . . . . . . . . . . . . . . . . . . . . . 46 Golder, Ben. . . . . . . . . . . . . . . . . . . . . . . . . . . 64 Goodwin, Edward J.. . . . . . . . . . . . . . . . . . . . 47 Gottschalk, Petter. . . . . . . . . . . . . . . . . . . . . . . 8 Governance and Regulation in the Third Sector. . . 3 Governance through Development. . . . . . . . . 49 Gowlland-Gualtieri, Alix . . . . . . . . . . . . . . . . . 48 Grabham, Emily . . . . . . . . . . . . . . . . . . . . . . . 62 Graham, Nicole. . . . . . . . . . . . . . . . . . . . . . . . 48 Gready, Paul. . . . . . . . . . . . . . . . . . . . . . . . . . 40 Grear, Anna . . . . . . . . . . . . . . . . . . . . . . . . . . 23 Guardiola-Rivera, Oscar . . . . . . . . . . . . . . . . . 58 Guimond, James. . . . . . . . . . . . . . . . . . . . . . . 58 Gundhus, Helene Oppen. . . . . . . . . . . . . . . . . 79 Gutman, Arthur . . . . . . . . . . . . . . . . . . . . . . . . 2

H Haggerty, Kevin D. . . . . . . . . . . . . . . . . . . 15, 16 Hakim, Catherine. . . . . . . . . . . . . . . . . . . . . . 75 Haldar, Piyel . . . . . . . . . . . . . . . . . . . . . . . . . . 60 Halliday, Samantha. . . . . . . . . . . . . . . . . . . . . 72 Hallsworth, Simon. . . . . . . . . . . . . . . . . . . . . . 11 Hamerton, Christopher. . . . . . . . . . . . . . . . . . 23 Hampson, Francoise. . . . . . . . . . . . . . . . . . . . 29 Handbook of Police Psychology. . . . . . . . . . . . . 8 Hannah-Moffat, Kelly. . . . . . . . . . . . . . . . . . . 79 Happold, Matthew. . . . . . . . . . . . . . . . . . . . . 35 Harding, Rosie . . . . . . . . . . . . . . . . . . . . . . . . 62 Harfield, Clive. . . . . . . . . . . . . . . . . . . . . . . . . . 8 Harm Paradox, The. . . . . . . . . . . . . . . . . . . . . 71 Harpwood, Vivienne. . . . . . . . . . . . . . . . . . . . 71 Harrington, John. . . . . . . . . . . . . . . . . . . . . . . 72 Harris Rimmer, Susan . . . . . . . . . . . . . . . . . . . 41

Haverkamp, Anselm. . . . . . . . . . . . . . . . . . . . 60 Haynes, Stephen N.. . . . . . . . . . . . . . . . . . . . . 10 Hayward, Keith. . . . . . . . . . . . . . . . . . . . . . . . 13 Head, Michael. . . . . . . . . . . . . . . . . . . . . . . . . 56 Health and the National Health Service. . . . . . 75 Health Professionals and the Emergence of Distrust. . . . . . . . . . . . . . . . . . . . . . . . . . . . 70 Healthcare Research Ethics and Law. . . . . . . . 70 Healy, Deirdre. . . . . . . . . . . . . . . . . . . . . . . . . 11 Hearing the Victim . . . . . . . . . . . . . . . . . . . . . 13 Heathcote, Gina. . . . . . . . . . . . . . . . . . . . . . . 34 Heathcote, Sarah . . . . . . . . . . . . . . . . . . . . . . 34 Heckert, Jamie . . . . . . . . . . . . . . . . . . . . . . . . 62 Heckman, James J.. . . . . . . . . . . . . . . . . . . . . 49 Hehir, Aidan. . . . . . . . . . . . . . . . . . . . . . . . . . 42 Henaghan, Mark. . . . . . . . . . . . . . . . . . . . . . . 70 Henri Lefebvre: Spatial Politics, Everyday Life and the Right to the City. . . . . . . . . . . . . . . 56 Herman, Didi . . . . . . . . . . . . . . . . . . . . . . . . . 62 Herman, Johanna. . . . . . . . . . . . . . . . . . . . . . 44 Herring, Jonathan. . . . . . . . . . . . . . . . . . . . . . 23 Higher Education Law. . . . . . . . . . . . . . . . . . . 76 Hildebrandt, Mireille. . . . . . . . . . . . . . . . . . . . 67 Hirvonen, Ari . . . . . . . . . . . . . . . . . . . . . . . . . 66 History of Drugs, A. . . . . . . . . . . . . . . . . . . . . 13 Hohl, Katrin . . . . . . . . . . . . . . . . . . . . . . . . . . 13 Holden, Livia. . . . . . . . . . . . . . . . . . . . . . . . . . 55 Honour, Violence, Women and Islam. . . . . . . . 73 Hornberger, Julia. . . . . . . . . . . . . . . . . . . . . . . 51 Hörnqvist, Magnus. . . . . . . . . . . . . . . . . . . . . 15 Horsey, Kirsty . . . . . . . . . . . . . . . . . . . . . . . . . 71 Hosen, Nadirsyah . . . . . . . . . . . . . . . . . . . . . . 74 Hough, Mike. . . . . . . . . . . . . . . . . . . . . . . . . . 12 Howard, Erica. . . . . . . . . . . . . . . . . . . . . . 22, 74 Hucklesby, Anthea . . . . . . . . . . . . . . . . . . . . . . 7 Hufnagel, Saskia. . . . . . . . . . . . . . . . . . . . . . . . 8 Hughes, Edel. . . . . . . . . . . . . . . . . . . . . . . . . . 21 Human Fertilisation & Embryology. . . . . . . . . 71 Human Genes and Neoliberal Governance . . . 79 Human Right to Water and its Application in the Occupied Palestinian Territories, The . . . 26 Human Rights and Constituent Power. . . . . . . 64 Human Rights and Minority Rights in the European Union . . . . . . . . . . . . . . . . . . . . . 20 Human Rights and the Political. . . . . . . . . . . . 31 Human Rights and the Private Sphere Volume 2. . . . . . . . . . . . . . . . . . . . . . . . . . 30 Human Rights and the Private Sphere Volume 3. . . . . . . . . . . . . . . . . . . . . . . . . . 30 Human Rights and the Protection of Privacy in Tort Law . . . . . . . . . . . . . . . . . . . . . . . . . . 7 Human Rights in the Asia-Pacific Region. . . . . 25 Human Rights in the South Pacific. . . . . . . . . . 30 Human Rights Monitoring Mechanisms of the Council of Europe. . . . . . . . . . . . . . . . . 27 Human Rights, or Citizenship? . . . . . . . . . . . . 57 Humanitarian Intervention and the Responsibility to Protect. . . . . . . . . . . . . . . . 43 Humphreys, Matthew. . . . . . . . . . . . . . . . . . . 22 Humphreys, Peter. . . . . . . . . . . . . . . . . . . . . . 54 Hunsley, John. . . . . . . . . . . . . . . . . . . . . . . . . 10 Hunter, Rosemary. . . . . . . . . . . . . . . . . . . . . . 79 Hunter, Shona. . . . . . . . . . . . . . . . . . . . . . . . . 62 Huxtable, Richard. . . . . . . . . . . . . . . . . . . 70, 71

I ICJ and the Development of International Law, The. . . . . . . . . . . . . . . . . . . . . . . . . . . 34 Idriss, Mohammad Mazher. . . . . . . . . . . . . . . 73 Imber, Michael . . . . . . . . . . . . . . . . . . . . . . . . 77 IMLI Studies in International Maritime Law (series). . . . . . . . . . . . . . . . . . . . . . . . . . . . . . 3 Immigration, Social Integration and Crime. . . . 75 Impairment and Disability. . . . . . . . . . . . . . . . 71 Information & Communications Technology Law (Journal). . . . . . . . . . . . . . . . . . . . . . . . 77 Integration of European Financial Markets, The. . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . 19

Intellectual Property in Global Governance . . . 32 Intellectual Property, Community Rights and Human Rights. . . . . . . . . . . . . . . . . . . . . . . 33 Intellectual Property, Innovation and Management in Emerging Economies. . . . . 32 Intention and Causation in Medical Non-Killing . . . . . . . . . . . . . . . . . . . . . . . . . 71 Interaction between WTO Law and External International Law, The. . . . . . . . . . . . . . . . . 18 International Commercial Arbitration and the Arbitrator’s Contract. . . . . . . . . . . . . . . . . . . 1 International Co-operation, Human Rights and Counter-Terrorism. . . . . . . . . . . . . . . . . . . . 31 International Development. . . . . . . . . . . . . . . 52 International Economic Actors and Human Rights. . . . . . . . . . . . . . . . . . . . . . . 34 International Economic Law . . . . . . . . . . . . . . 17 International Environmental Law and the Conservation of Coral Reefs. . . . . . . . . . . . . 47 International Human Rights Law and Domestic Violence. . . . . . . . . . . . . . . . . . . . 26 International Humanitarian Law and the International Red Cross and Red Crescent Movement. . . . . . . . . . . . . . . . . . . . . . . . . . 37 International Intelligence Cooperation and Accountability. . . . . . . . . . . . . . . . . . . . . . . 43 International Journal of the Legal Profession (Journal) . . . . . . . . . . . . . . . . . . . . . . . . . . . 78 International Justice after Conflict. . . . . . . . . . 41 International Law . . . . . . . . . . . . . . . . . . . . . . 38 International Law and the Israeli-Palestinian Conflict. . . . . . . . . . . . . . . . . . . . . . . . . . . . 38 International Law and the Protection of Cultural Heritage. . . . . . . . . . . . . . . . . . . . . 38 International Law and the Third World . . . . . . 79 International Law in a Multipolar World . . . . . 35 International Law, Security and Ethics. . . . . . . 42 International Organizations and the Idea of Autonomy. . . . . . . . . . . . . . . . . . . . . . . . . . 35 International Perspectives on Child Victimisation. . . . . . . . . . . . . . . . . . . . . . . . 23 International Perspectives on Forensic Mental Health (series). . . . . . . . . . . . . . . . . . . . . . . . 9 International Review of Law Computers & Technology (Journal). . . . . . . . . . . . . . . . 78 International Secured Transactions Law. . . . . . 17 International Series on Desistance and Rehabilitation (series). . . . . . . . . . . . . . . . . . 11 International Tax Coordination . . . . . . . . . . . . 19 International Trade and Business Law Review: Volume XII. . . . . . . . . . . . . . . . . . . . . . . . . . . 3 Internationalisation of Competition Rules, The. . 1 Internet Child Abuse: Current Research and Policy. . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . 8 Intersectionality and Beyond. . . . . . . . . . . . . . 62 Introduction to Spanish Private Law . . . . . . . . . 6 Iqbal, Khurshid. . . . . . . . . . . . . . . . . . . . . . . . 52 Islam, Law and Identity. . . . . . . . . . . . . . . . . . 73 Islamic Law and the Law of Armed Conflict. . . 74

J J. Aceves, William. . . . . . . . . . . . . . . . . . . . . . 35 J. Sweeney, Brendan. . . . . . . . . . . . . . . . . . . . . 1 Jackson, Jonathan. . . . . . . . . . . . . . . . . . . . . . 13 Jacques Derrida: Law as Absolute Hospitality. . 57 James, Deborah . . . . . . . . . . . . . . . . . . . . . . . 79 Jefferson, Andrew. . . . . . . . . . . . . . . . . . . . . . 51 Jensen, Steffen. . . . . . . . . . . . . . . . . . . . . . . . 51 Jewish Law Annual (series) . . . . . . . . . . . . . . . 73 Jewish Law Annual Volume 18, The . . . . . . . . 73 Jewish Law Annual Volume 19, The . . . . . . . . 73 Johns, Fleur. . . . . . . . . . . . . . . . . . . . . . . . . . . 37 Jones, Jackie. . . . . . . . . . . . . . . . . . . . . . . . . . 23 Jones, Neil . . . . . . . . . . . . . . . . . . . . . . . . . . . 77 Jones, Nicholas. . . . . . . . . . . . . . . . . . . . . . . . 41 Jones, Roger. . . . . . . . . . . . . . . . . . . . . . . . . . . 3 Journal of Legal History (Journal). . . . . . . . . . . 77 Joyce, Richard. . . . . . . . . . . . . . . . . . . . . . . . . 37 Judith Butler: Ethics, Law, Politics . . . . . . . . . . 56 Jurisdiction. . . . . . . . . . . . . . . . . . . . . . . . . . . 65

Browse and order online: www.routledge.com/law

Jurisdiction in Deleuze: The Expression and Representation of Law. . . . . . . . . . . . . . . . . Jurisprudence of Pregnancy, The. . . . . . . . . . . Just Authority?. . . . . . . . . . . . . . . . . . . . . . . . Justice, Literature and the Rule of Law . . . . . .

81

65 70 13 65

K Kaminski, Dan. . . . . . . . . . . . . . . . . . . . . . . . . 12 Kammerhofer, Jörg. . . . . . . . . . . . . . . . . . . . . 39 Kapardis, Andreas. . . . . . . . . . . . . . . . . . . . . . 15 Katselli Proukaki, Elena. . . . . . . . . . . . . . . . . . 36 Kearney, Jarod . . . . . . . . . . . . . . . . . . . . . . . . 58 Kellogg, Catherine . . . . . . . . . . . . . . . . . . . . . 66 Kelly, Toby. . . . . . . . . . . . . . . . . . . . . . . . . . . . 28 Kendall, Ian. . . . . . . . . . . . . . . . . . . . . . . . . . . 75 Kent, Mike. . . . . . . . . . . . . . . . . . . . . . . . . . . 54 Kessaris, Amanda Perry. . . . . . . . . . . . . . . . . . 49 Key Issues in Women’s Work. . . . . . . . . . . . . . 75 Keyzer, Patrick. . . . . . . . . . . . . . . . . . . . . . . . . 9 Kingsbury, Damien. . . . . . . . . . . . . . . . . . . . . 45 Kinnear, Fiona. . . . . . . . . . . . . . . . . . . . . . . . . 77 Kitaeff, Jack . . . . . . . . . . . . . . . . . . . . . . . . . . . 8 Klein, Natalie . . . . . . . . . . . . . . . . . . . . . . . 4, 52 Kneebone, Susan . . . . . . . . . . . . . . . . . . . . . . 10 Knight, W. Andy. . . . . . . . . . . . . . . . . . . . . . . 45 Kochi, Tarik. . . . . . . . . . . . . . . . . . . . . . . . . . . 59 Kofele-Kale, Ndiva . . . . . . . . . . . . . . . . . . . . . 18 Kokkoris, Ioannis. . . . . . . . . . . . . . . . . . . . . . . . 1 Komaitis, Konstantinos. . . . . . . . . . . . . . . . . . 55 Koppes, Laura L.. . . . . . . . . . . . . . . . . . . . . . . . 2 Krishnadas, Jane. . . . . . . . . . . . . . . . . . . . . . . 62 Krivogorsky, Victoria. . . . . . . . . . . . . . . . . . . . . 3 Kroner, Daryl G. . . . . . . . . . . . . . . . . . . . . . . . 11 Kuhrt, Natasha. . . . . . . . . . . . . . . . . . . . . . . . 42 Kurdish Conflict, The. . . . . . . . . . . . . . . . . . . . 43

L Labor Law. . . . . . . . . . . . . . . . . . . . . . . . . . . . 45 Land is the Source of the Law, The. . . . . . . . . 59 Lau, Holning. . . . . . . . . . . . . . . . . . . . . . . . . . . 6 Law Across Borders. . . . . . . . . . . . . . . . . . . . . 38 Law and Art. . . . . . . . . . . . . . . . . . . . . . . . . . 54 Law and Ecology. . . . . . . . . . . . . . . . . . . . . . . 47 Law and Economics of Intellectual Property in the Digital Age, The. . . . . . . . . . . . . . . . . 33 Law and Evil. . . . . . . . . . . . . . . . . . . . . . . . . . 66 Law and Faith in a Sceptical Age. . . . . . . . . . . 74 Law and Power in Foreign Investment in Africa . . . . . . . . . . . . . . . . . . . . . . . . . . . . ? Law and Religion in Public Life . . . . . . . . . . . . 74 Law and Sacrifice . . . . . . . . . . . . . . . . . . . . . . 58 Law and the Wearing of Religious Symbols. . . 74 Law as a Human Science. . . . . . . . . . . . . . . . . 65 Law in the Pursuit of Development. . . . . . . . . 49 Law of Consular Access, The. . . . . . . . . . . . . . 35 Law of Electronic Commercial Transactions. . . 55 Law on the Use of Force, The. . . . . . . . . . . . . 34 Law, Corporate Governance, and Accounting. . 3 Law, Development and Globalization (series). . . . . . . . . . . . . . . . . . . . . . . 49, 50, 51 Law, Ethics and the Biopolitical. . . . . . . . . . . . 67 Law, Justice and Ecology (series). . . . . . . . . . . 47 Law, Orientalism, and Postcolonialism. . . . . . . 60 Law’s Trace: From Hegel to Derrida. . . . . . . . . 66 Laws, D. Richard. . . . . . . . . . . . . . . . . . . . . . . 11 Lawscape. . . . . . . . . . . . . . . . . . . . . . . . . . . . 48 Lawyers and the Construction of Transnational Justice. . . . . . . . . . . . . . . . . . 50 Lawyers and the Rule of Law in an Era of Globalization. . . . . . . . . . . . . . . . . . . . . . . . 50 Leckey, Robert. . . . . . . . . . . . . . . . . . . . . . . . 25 LeClair, Mark S.. . . . . . . . . . . . . . . . . . . . . . . . 41 Legal and Regulatory Aspects of Islamic Banking, The. . . . . . . . . . . . . . . . . . . . . . . . 18 Legal Architecture. . . . . . . . . . . . . . . . . . . . . . 66 Legality of Boxing, The. . . . . . . . . . . . . . . 58, 79 Legislative Drafting. . . . . . . . . . . . . . . . . . . . . 67


i ndex

82

Leigh, Ian. . . . . . . . . . . . . . . . . . . . . . . . . . . . 43 Levinas, Law, Politics. . . . . . . . . . . . . . . . . . . . 79 Liang, Xiangfen. . . . . . . . . . . . . . . . . . . . . . . . 45 Lifshitz, Berachyahu . . . . . . . . . . . . . . . . . . . . 73 Limitation of Liability in International Maritime Conventions. . . . . . . . . . . . . . . . . . 3 Lincoln, Jessica. . . . . . . . . . . . . . . . . . . . . . . . 41 Lind, Amy. . . . . . . . . . . . . . . . . . . . . . . . . . . . 29 Local Government in Europe. . . . . . . . . . . . . . 21 Lodhia, Sharmila. . . . . . . . . . . . . . . . . . . . . . . 31 Loizidou, Elena. . . . . . . . . . . . . . . . . . . . . . . . 56 Lomell, Heidi Mork. . . . . . . . . . . . . . . . . . . . . 79 Lösel, Friedrich . . . . . . . . . . . . . . . . . . . . . . . . 14 Lost in Transition. . . . . . . . . . . . . . . . . . . . . . . 14 Lynch, Andrew. . . . . . . . . . . . . . . . . . . . . . . . 39 Lynk, Michael. . . . . . . . . . . . . . . . . . . . . . . . . 38

M Macken, Claire. . . . . . . . . . . . . . . . . . . . . . . . 39 MacLean, James. . . . . . . . . . . . . . . . . . . . . . . 68 McLean, Shelia A.M.. . . . . . . . . . . . . . . . . . . . 71 Macnaughton, Jane . . . . . . . . . . . . . . . . . . . . 71 MacNeil, William P.. . . . . . . . . . . . . . . . . . . . . 60 Madhav, Roopa. . . . . . . . . . . . . . . . . . . . . . . . 48 Mainstreaming Human Security in Peace Operations and Crisis Management. . . . . . . 43 Making Anti-Racial Discrimination Law. . . . . . 22 Making of a European Constitution, The. . . . . 79 Malinauskaite, Jurgita. . . . . . . . . . . . . . . . . . . . 2 Managing High-Risk Offenders. . . . . . . . . . . . . 9 Manderson, Desmond. . . . . . . . . . . . . . . . . . . 65 Marginalized Communities and Access to Justice. . . . . . . . . . . . . . . . . . . . . . . . . . . . . 51 Marine Environmental Governance. . . . . . . . . 48 Maritime Security. . . . . . . . . . . . . . . . . . . . . . . 4 Martellozzo, Elena . . . . . . . . . . . . . . . . . . . . . . 9 Martin, Mary. . . . . . . . . . . . . . . . . . . . . . . . . . 45 Martínez Gutiérrez, Norman A.. . . . . . . . . . . 3, 4 Martin-Ortega, Olga. . . . . . . . . . . . . . . . . . . . 44 Maruna, Shadd. . . . . . . . . . . . . . . . . . . . . . . . 12 Masahiro, Miyoshi. . . . . . . . . . . . . . . . . . . . . . 34 Maskivker, Julia. . . . . . . . . . . . . . . . . . . . . . . . 46 Mathew, Penelope . . . . . . . . . . . . . . . . . . . . . 46 Matravers, Matt . . . . . . . . . . . . . . . . . . . . . . . 42 Maynard, Katherine . . . . . . . . . . . . . . . . . . . . 58 McBeth, Adam. . . . . . . . . . . . . . . . . . . . . . . . 34 McDonnell, Thomas . . . . . . . . . . . . . . . . . . . . 40 McGarrity, Nicola . . . . . . . . . . . . . . . . . . . . . . 39 McGlynn, Clare. . . . . . . . . . . . . . . . . . . . . . . . . 9 McGuire, Mike. . . . . . . . . . . . . . . . . . . . . . . . 11 McHarg, Aileen. . . . . . . . . . . . . . . . . . . . . . . . 68 McQuigg, Ronagh J.A. . . . . . . . . . . . . . . . . . . 26 Mcsherry, Bernadette . . . . . . . . . . . . . . . . . . . . 9 McVeigh, Shaun. . . . . . . . . . . . . . . . . . . . . . . 65 Medicine and Law at the Limits of Life . . . . . . 70 Medicine, Malpractice and Misappreciations . . 71 Men, Law and Gender . . . . . . . . . . . . . . . . . . 24 Mental Health and Crime . . . . . . . . . . . . . . . . 75 Merger Control in Europe. . . . . . . . . . . . . . . . . 1 Merger Control in Post-Communist Countries . . 2 Meszaros, George. . . . . . . . . . . . . . . . . . . . . . 51 Meyer, Lukas H. . . . . . . . . . . . . . . . . . . . . . . . 42 Michaelsen, Christopher. . . . . . . . . . . . . . . . . 31 Miettinen, Samuli. . . . . . . . . . . . . . . . . . . . . . 20 Mills, Jeremy F.. . . . . . . . . . . . . . . . . . . . . . . . 11 Minkkinen, Panu. . . . . . . . . . . . . . . . . . . . 65, 68 Modernising Sales Law. . . . . . . . . . . . . . . . . . . 2 Moens, Gabriel. . . . . . . . . . . . . . . . . . . . . . . . . 3 Mohr, Richard. . . . . . . . . . . . . . . . . . . . . . . . . 74 Money Laundering – An Endless Cycle?. . . . . . 19 Morgan, Robert D.. . . . . . . . . . . . . . . . . . . . . 11 Morris, Lydia. . . . . . . . . . . . . . . . . . . . . . . . . . 28 Mortensen, Reid. . . . . . . . . . . . . . . . . . . . . . . 61 Mossop, Joanna. . . . . . . . . . . . . . . . . . . . . . . . 4 Möstl, Markus. . . . . . . . . . . . . . . . . . . . . . . . . 43 Motha, Stewart. . . . . . . . . . . . . . . . . . . . . . . . 68 Mukwiri, Jonathan . . . . . . . . . . . . . . . . . . . . . . 5

Mulcahy, Linda. . . . . . . . . . . . . . . . . . . . . . . . 66 Mumford, Andrew. . . . . . . . . . . . . . . . . . . . . 42 Munro, Vanessa E. . . . . . . . . . . . . . . . . . . . . . . 9 Murray, Jamie. . . . . . . . . . . . . . . . . . . . . . . . . 57 Murray, Kali . . . . . . . . . . . . . . . . . . . . . . . . . . 33 Mussawir, Edward. . . . . . . . . . . . . . . . . . . . . . 65

N Nadisic, Thierry. . . . . . . . . . . . . . . . . . . . . . . . . 3 Nanda, Nitya. . . . . . . . . . . . . . . . . . . . . . . . . . 17 Nasu, Hitoshi . . . . . . . . . . . . . . . . . . . . . . . . . 25 Nationalism and Global Justice. . . . . . . . . . . . 44 Nellis, Mike. . . . . . . . . . . . . . . . . . . . . . . . . . . 12 Nelson, Robert L. . . . . . . . . . . . . . . . . . . . . . . 49 Neoliberalism and the Law in Post Communist Transition. . . . . . . . . . . . . . . . . 53 New Critical Legal Thinking. . . . . . . . . . . . . . . 58 New Directions in Feminism and Human Rights. . . . . . . . . . . . . . . . . . . . . . . . . . . . . 31 New Governance and the European Employment Strategy . . . . . . . . . . . . . . . . . 21 New International Relations (series). . . . . . . . . 38 Nietzsche and Legal Theory. . . . . . . . . . . . . . . 60 Night Clubbing. . . . . . . . . . . . . . . . . . . . . . . . 14 Niklas Luhmann: Law, Justice, Society. . . . . . . 56 Nissel, Alan T.. . . . . . . . . . . . . . . . . . . . . . . . . 38 Nomikoi Critical Legal Thinkers (series) . . . 56, 57 Nottage, Luke. . . . . . . . . . . . . . . . . . . . . . . . . 19 Novel Judgements. . . . . . . . . . . . . . . . . . . . . . 60 Nowak, Alojzy Z.. . . . . . . . . . . . . . . . . . . . . . . 32

O O’Brien, Kate . . . . . . . . . . . . . . . . . . . . . . . . . 15 O’Connell, Paul. . . . . . . . . . . . . . . . . . . . . . . . 26 Odello, Marco. . . . . . . . . . . . . . . . . . . . . . . . . 26 Oduntan, Gbenga. . . . . . . . . . . . . . . . . . . . . . 36 Offenders, Deviants or Patients? Fourth Edition. . . . . . . . . . . . . . . . . . . . . . . . 9 Offending Girls. . . . . . . . . . . . . . . . . . . . . . . . 14 Oguamanam, Chidi. . . . . . . . . . . . . . . . . . . . . 32 O’Leary, Rosemary. . . . . . . . . . . . . . . . . . . . . 76 Oliver, Dawn. . . . . . . . . . . . . . . . . . . . . . . . . . 30 O’Malley, Pat. . . . . . . . . . . . . . . . . . . . . . 11, 79 On the Right of Exclusion: Law, Ethics and Immigration Policy. . . . . . . . . . . . . . . . . . . . 28 O’Neill, Maria. . . . . . . . . . . . . . . . . . . . . . . . . 21 Online Child Sexual Abuse . . . . . . . . . . . . . . . . 9 Online Dispute Resolution for Consumers in the European Union . . . . . . . . . . . . . . . . . . 55 Onyema, Emilia. . . . . . . . . . . . . . . . . . . . . . . . . 1 Origins of Criminology, The. . . . . . . . . . . . . . . 15 Ortega, Francisco . . . . . . . . . . . . . . . . . . . . . . 57 Other’s War, The. . . . . . . . . . . . . . . . . . . . . . . 59 Overland, Juliette . . . . . . . . . . . . . . . . . . . . . . 52 Owen, Taylor. . . . . . . . . . . . . . . . . . . . . . . . . . 45 Oxner, Sandra E.. . . . . . . . . . . . . . . . . . . . . . . 65

P Pacces, Alessio . . . . . . . . . . . . . . . . . . . . . . . . . 1 Packer, John. . . . . . . . . . . . . . . . . . . . . . . . . . 41 Padfield, Nicola. . . . . . . . . . . . . . . . . . . . . . . . 14 Pahuja, Sundhya. . . . . . . . . . . . . . . . . . . . . . . 37 Panara, Carlo . . . . . . . . . . . . . . . . . . . . . . . . . 21 Parkes, Aisling. . . . . . . . . . . . . . . . . . . . . . . . . 22 Participants in the International Legal System. . 36 Patent Policy. . . . . . . . . . . . . . . . . . . . . . . . . . 32 Patient Safety, Law Policy and Practice. . . . . . 72 Pavlich, George. . . . . . . . . . . . . . . . . . . . . . . . 63 Peacebuilding and Rule of Law in Africa. . . . . 44 Peay, Jill . . . . . . . . . . . . . . . . . . . . . . . . . . . . . 75 Penal Power and Colonial Rule . . . . . . . . . . . . 14 People Without Rights (Routledge Revivals). . . 32 Petersen, Kerry. . . . . . . . . . . . . . . . . . . . . . . . 69 Philippopoulos-Mihalopoulos, Andreas. . . . . . 47 Phillips, Oliver. . . . . . . . . . . . . . . . . . . . . . . . . 24 Phillips, Susan. . . . . . . . . . . . . . . . . . . . . . . . . . 3

Complimentary Exam Copy

Philosophy of Law meets the Philosophy of Technology, The. . . . . . . . . . . . . . . . . . . . . . 67 Plea Bargaining in National and International Law. . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . 9 Police and Social Conflict, The. . . . . . . . . . . . . 75 Policing and Human Rights. . . . . . . . . . . . . . . 51 Political Determinants of Corporate Governance in China, The. . . . . . . . . . . . . . . 2 Political Economy of Government Auditing, The. . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . 50 Politics of Adjudication, The . . . . . . . . . . . . . . 68 Politics of European Competition Regulation, The. . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . 4 Politics of Imagination, The. . . . . . . . . . . . . . . 58 Politics of Patent Law, A. . . . . . . . . . . . . . . . . 33 Porttikivi, Janne. . . . . . . . . . . . . . . . . . . . . . . . 66 Power, Politics and the Emotions. . . . . . . . . . . 62 Presdee, the late Mike. . . . . . . . . . . . . . . . . . . 13 Pribram, Deidre. . . . . . . . . . . . . . . . . . . . . . . . 55 Priaulx, Nicky . . . . . . . . . . . . . . . . . . . . . . . . . 71 Price, David. . . . . . . . . . . . . . . . . . . . . . . . . . . 32 Prins, Herschel . . . . . . . . . . . . . . . . . . . . . . . . . 9 Problem of Enforcement in International Law, The. . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . 36 Progressive Comparative Corporate Governance. . . . . . . . . . . . . . . . . . . . . . . . . . 2 Propaganda, War Crimes Trials and International Law. . . . . . . . . . . . . . . . . . . . . 44 Protecting the Property Rights of Refugees and Internally Displaced Persons . . . . . . . . . 31 Prum, Michel . . . . . . . . . . . . . . . . . . . . . . . . . 79 Public Administration and Law, Third Edition. . 76 Public Administration and Public Policy (series). . . . . . . . . . . . . . . . . . . . . . . . . . . . . 76 Public Interest Litigation in Asia. . . . . . . . . . . . . 6 Public Sex and the Law. . . . . . . . . . . . . . . . . . 24 Pure Economic Loss. . . . . . . . . . . . . . . . . . . . . 79 Pyor, Judith. . . . . . . . . . . . . . . . . . . . . . . . . . . 58

Q Queer Theory: Law, Culture, Empire . . . . . . . . Quigley, John . . . . . . . . . . . . . . . . . . . . . . . . . Quirk, Hannah . . . . . . . . . . . . . . . . . . . . . . . . Qureshi, Asif. . . . . . . . . . . . . . . . . . . . . . . . . . Qureshi, Asif H.. . . . . . . . . . . . . . . . . . . . . . . .

25 35 10 18 17

R Racial, Ethnic, and Homophobic Violence. . . . 79 Rackley, Erika . . . . . . . . . . . . . . . . . . . . . . . 7, 24 Radicalization. . . . . . . . . . . . . . . . . . . . . . . . . 14 Rafter, Nicole H.. . . . . . . . . . . . . . . . . . . . . . . 15 Rai, Sheela . . . . . . . . . . . . . . . . . . . . . . . . . . . 18 Rajagopal, Balakrishnan . . . . . . . . . . . . . . . . . 79 Ramanathan, Usha. . . . . . . . . . . . . . . . . . . . . 48 Rasch, William . . . . . . . . . . . . . . . . . . . . . . . . 58 Rauxloh, Regina . . . . . . . . . . . . . . . . . . . . . . . . 9 Razzaque, Jona. . . . . . . . . . . . . . . . . . . . . . . . 47 Reading Modern Law: Critical Methodologies and Sovereign Formations. . . . . . . . . . . . . . 68 Reaffirming Legal Ethics . . . . . . . . . . . . . . . . . 61 Recognition and Regulation of Safeguard Measures Under GATT/WTO . . . . . . . . . . . . 18 Reform of UK Personal Property Security Law, The. . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . 5 Regulating Sexuality. . . . . . . . . . . . . . . . . . . . 62 Regulating the International Movement of Women. . . . . . . . . . . . . . . . . . . . . . . . . . . . 24 Regulation of the Voluntary Sector. . . . . . . . . . 6 Release from Prison. . . . . . . . . . . . . . . . . . . . . 14 Reproductive Ethics and the Law. . . . . . . . . . . 72 Resolving Construction Disputes. . . . . . . . . . . . 7 Resolving Disputes in the Asia-Pacific Region. . . 6 Responsibility to Protect in Latin America, The. . . 44 Rethinking Corporate Governance . . . . . . . . . . 1 Re-thinking Intellectual Property. . . . . . . . . . . 79 Rethinking Law as Process. . . . . . . . . . . . . . . . 68 Rethinking Rape Law . . . . . . . . . . . . . . . . . . . . 9 Revenge versus Legality. . . . . . . . . . . . . . . . . . 58

Reworking the Relationship between Asylum and Employment. . . . . . . . . . . . . . . . . . . . . 46 Richardson, Janice. . . . . . . . . . . . . . . . . . . . 7, 63 Right to Development in International Law, The. . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . 52 Right to Religious Freedom in International Law, The. . . . . . . . . . . . . . . . . . . . . . . . . . . 74 Right to Silence, The. . . . . . . . . . . . . . . . . . . . 10 Rights and Wrongs of Land Restitution, The. . . 79 Rights of Passage . . . . . . . . . . . . . . . . . . . . . . 63 Rights, Gender and Family Law. . . . . . . . . . . . 23 Risk Assessment for Juvenile Violent Offending. . . . . . . . . . . . . . . . . . . . . . . . . . 15 Risk, Power and the State. . . . . . . . . . . . . . . . 15 Roberts, Julian . . . . . . . . . . . . . . . . . . . . . . . . 13 Robertson, Michael. . . . . . . . . . . . . . . . . . . . . 61 Rodriguez de las Heras Ballell, Teresa. . . . . . . . . 6 Role of Courts in Transitional Justice, The . . . . 53 Rosenbloom, David H.. . . . . . . . . . . . . . . . . . . 76 Rothwell, Donald R. . . . . . . . . . . . . . . . . . . . . . 4 Routledge Contemporary Southeast Asia Series (series). . . . . . . . . . . . . . . . . . . . . . . . 41 Routledge Handbook of Human Security, The. . . 45 Routledge Handbook of International Law . . . 38 Routledge Handbook of the Responsibility to Protect . . . . . . . . . . . . . . . . . . . . . . . . . . 45 Routledge International Studies in Business History (series). . . . . . . . . . . . . . . . . . . . . . . . 5 Routledge International Studies in Money and Banking (series). . . . . . . . . . . . . . . . . . . 19 Routledge Law in Asia (series). . . . . . . . . . . . . . 6 Routledge Research in Comparative Politics (series). . . . . . . . . . . . . . . . . . . . . . . . . . . . . 30 Routledge Research in Competition Law (series). . . . . . . . . . . . . . . . . . . . . . . . . . . . . . 1 Routledge Research in Corporate Law (series). . . . . . . . . . . . . . . . . . . . . . . . . . . . 1, 2 Routledge Research in Cultural and Media Studies (series). . . . . . . . . . . . . . . . . . . . . . . 55 Routledge Research in European Union Law (series). . . . . . . . . . . . . . . . . . . . . . . . . . . . . 20 Routledge Research in Finance and Banking Law (series) . . . . . . . . . . . . . . . 17, 18 Routledge Research in Human Rights (series). . . . . . . . . . . . . . . . . . . . . . . . . . 28, 29 Routledge Research in Human Rights Law (series). . . . . . . . . . . 22, 25, 26, 27, 52, 72, 74 Routledge Research in Information Technology and E-Commerce Law (series) . . . . . . . . . . . 55 Routledge Research in Intellectual Property (series). . . . . . . . . . . . . . . . . . . . . . . . . . 32, 33 Routledge Research in International Commercial Law (series) . . . . . . . . . . . . . . . . 1 Routledge Research in International Economic Law (series). . . . . . . . . . . 16, 18, 19 Routledge Research in International Environmental Law (series). . . . . . . . . . . . . . 47 Routledge Research in International Law (series). . . . . . . . . . . . . . . . . . . . 34, 35, 36, 37 Routledge Research in Legal Ethics (series) . . . 61 Routledge Research in Terrorism and the Law (series). . . . . . . . . . . . . . . . . . . 39, 40 Routledge Research in the Law of Armed Conflicts (series). . . . . . . . . . . . . . . . . . . . . . 74 Routledge Research in Transnational Crime and Criminal Law (series). . . . . . . . . . . . . 8, 18 Routledge Revivals (series). . . . . . . . . . . . . . . . 32 Routledge Studies in Accounting (series). . . . 2, 3 Routledge Studies in Contemporary Philosophy (series). . . . . . . . . . . . . . . . . . . . 46 Routledge Studies in Intervention and Statebuilding (series). . . . . . . . . . . . . . . . . . 28 Routledge Studies in Management, Organizations and Society (series) . . . . . . . . 45 Routledge Studies in New Media and Cyberculture (series) . . . . . . . . . . . . . . . . . . 54 Routledge Studies in the Growth Economies of Asia (series). . . . . . . . . . . . . . . . . . . . . . . 32 Routledge Studies in the Management of Voluntary and Non-Profit Organizations (series). . . . . . . . . . . . . . . . . . . . . . . . . . . . . . 3

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Routledge Studies in the Modern World Economy (series). . . . . . . . . . . . . . . . . . . . . 41 Routledge/RIPE Studies in Global Political Economy (series). . . . . . . . . . . . . . . . . . . 4, 29 Rouvroy, Antoinette . . . . . . . . . . . . . . . . . 67, 79 Russell, Kenneth V.. . . . . . . . . . . . . . . . . . . . . 78 Rule of Law, The. . . . . . . . . . . . . . . . . . . . . . . 65 Rule of Reason in European Constitutionalism and Citizenship, The . . . . . . . . . . . . . . . . . . 59 Rules, Rubrics and Riches . . . . . . . . . . . . . . . . 53 Ryder, Nicholas. . . . . . . . . . . . . . . . . . . . . . . . 19

S Salter, Michael . . . . . . . . . . . . . . . . . . . . . . . . 56 Salzberger, Eli. . . . . . . . . . . . . . . . . . . . . . . . . 33 Samatas, Minas. . . . . . . . . . . . . . . . . . . . . . . . 16 Sandoval, Clara. . . . . . . . . . . . . . . . . . . . . . . . 29 Santiso, Carlos . . . . . . . . . . . . . . . . . . . . . . . . 50 Saul, Ben . . . . . . . . . . . . . . . . . . . . . . . . . . . . 25 Scene of Violence, The. . . . . . . . . . . . . . . . . . 54 Schaap, Andrew. . . . . . . . . . . . . . . . . . . . . . . 31 Schabas, William A. . . . . . . . . . . . . . . . . . . . . 33 Schotel, Bas . . . . . . . . . . . . . . . . . . . . . . . . . . 28 Schroeder, Jeanne Lorraine. . . . . . . . . . . . 58, 79 Scientific Foundations of Clinical Assessment. . 10 Scobbie, Iain. . . . . . . . . . . . . . . . . . . . . . . . . . 38 Scolnicov, Anat. . . . . . . . . . . . . . . . . . . . . . . . 74 Scott Bray, Rebecca. . . . . . . . . . . . . . . . . . . . . 60 Scoular, Jane. . . . . . . . . . . . . . . . . . . . . . . . . . 76 Seatzu, Francesco. . . . . . . . . . . . . . . . . . . . . . 26 Secher, Ulla. . . . . . . . . . . . . . . . . . . . . . . . . . . 46 Security and Governance (series). . . . . . . . . . . 44 Security Games. . . . . . . . . . . . . . . . . . . . . . . . 15 Seddon, Toby . . . . . . . . . . . . . . . . . . . . . . . . . 13 Sedition and Violence against the State. . . . . . 45 Self-Defence in International and Criminal Law. . . . . . . . . . . . . . . . . . . . . . . . 39 Self-Determination in the Post-9/11 Era. . . . . . 36 Self-Realization and Justice. . . . . . . . . . . . . . . 46 Serial Killers . . . . . . . . . . . . . . . . . . . . . . . . . . 16 Serrano, Monica. . . . . . . . . . . . . . . . . . . . . . . 44 Serving the Rule of International Maritime Law. . . 4 Sex Trafficking, Human Rights, and Social Justice. . . . . . . . . . . . . . . . . . . . . . . . 29 Sex, Culpability and the Defence of Provocation. . . . . . . . . . . . . . . . . . . . . . . . . 59 Sexuality and the Politics of Rights in Southern Africa. . . . . . . . . . . . . . . . . . . . . . 24 Shah, Niaz A. . . . . . . . . . . . . . . . . . . . . . . . . . 74 Shakespearean Genealogies of Power. . . . . . . 60 Shank, Adele . . . . . . . . . . . . . . . . . . . . . . . . . 35 Sharpe, Andrew. . . . . . . . . . . . . . . . . . . . . . . 79 Sharpe, Andrew Neville. . . . . . . . . . . . . . . . . . 64 Sharpe, Gilly. . . . . . . . . . . . . . . . . . . . . . . . . . 14 Shekel, Moshe . . . . . . . . . . . . . . . . . . . . . . . . 20 Sherr, Avrom. . . . . . . . . . . . . . . . . . . . . . . . . . 78 Sherwin, Richard K. . . . . . . . . . . . . . . . . . . . . 60 Shi, Chenxia. . . . . . . . . . . . . . . . . . . . . . . . . . . 2 Shoraka, Kirsten. . . . . . . . . . . . . . . . . . . . . . . 20 Sidel, Mark. . . . . . . . . . . . . . . . . . . . . . . . . . . . 6 Silverstone, Daniel. . . . . . . . . . . . . . . . . . . . . . 14 Simpson, Brian. . . . . . . . . . . . . . . . . . . . . . . . 52 Simpson, Cheryl. . . . . . . . . . . . . . . . . . . . . . . 52 Situational Prevention of Organised Crimes. . . 16 Smit, Anneke . . . . . . . . . . . . . . . . . . . . . . . . . 31 Smith, Greg . . . . . . . . . . . . . . . . . . . . . . . . . . 10 Smith, Melanie. . . . . . . . . . . . . . . . . . . . . . . . 20 Smith, Steven Rathgeb. . . . . . . . . . . . . . . . . . . 3 Social Justice (series). . . . . . . . . . . . . . . . . 62, 63 Social Justice and the Experience of Emotion. . . 3 Social Movements, Law and the Politics of Land Reform. . . . . . . . . . . . . . . . . . . . . . 51 Solanke, Iyiola. . . . . . . . . . . . . . . . . . . . . . . . . 22 Solivetti, Luigi M. . . . . . . . . . . . . . . . . . . . . . . 75 Sorial, Sarah. . . . . . . . . . . . . . . . . . . . . . . . . . 45 Southern Africa Development Community Land Issues . . . . . . . . . . . . . . . . . . . . . . . . . 53 Sovereignty and its Discontents. . . . . . . . . . . . 58

Sovereignty between Politics and Law. . . . . . . 38 Sovereignty, Human Rights and Global Order. . 30 Sovereignty, Jurisdiction, and Exploitation of the Seas, Polar Regions, Airspace and Outer Space . . . . . . . . . . . . . . . . . . . . . . . . 36 Sovereignty, Knowledge, Law. . . . . . . . . . . . . 68 Sparks, Richard. . . . . . . . . . . . . . . . . . . . . 10, 12 Spatial, the Legal and the Pragmatics of World-Making, The. . . . . . . . . . . . . . . . . . . 48 Sri Lanka and the Responsibility to Protect . . . 45 Sriram, Chandra Lekha. . . . . . . . . . . . . . . . . . 44 Stanko, Betsy . . . . . . . . . . . . . . . . . . . . . . . . . 13 Starman, Hannah. . . . . . . . . . . . . . . . . . . . . . 40 State Accountability under International Law. . 37 State Violence and Human Rights. . . . . . . . . . 51 Stein, Jordan H. . . . . . . . . . . . . . . . . . . . . . . . . 3 Stevens, Alex . . . . . . . . . . . . . . . . . . . . . . . . . 12 Stevens, Jacqueline. . . . . . . . . . . . . . . . . . . . . 79 Stevenson, Kim. . . . . . . . . . . . . . . . . . . . . . . . 23 Stoltz, Pauline. . . . . . . . . . . . . . . . . . . . . . . . . 30 Stone, Matthew. . . . . . . . . . . . . . . . . . . . . . . 58 Strange Gods. . . . . . . . . . . . . . . . . . . . . . . . . 65 Strategic Visions for Human Rights. . . . . . . . . 29 Strecker, David E. . . . . . . . . . . . . . . . . . . . . . . 45 Strolleis, Michael. . . . . . . . . . . . . . . . . . . . . . . 58 Student Law Review (Journal). . . . . . . . . . . . . 77 Studies in Intelligence (series) . . . . . . . . . . . . . 43 Stuttaford, Maria . . . . . . . . . . . . . . . . . . . . . . 72 Subject of Prostitution, The. . . . . . . . . . . . . . . 76 Surveillance and Democracy. . . . . . . . . . . . . . 16 Sustainability in European Transport Policy . . . 22 Svensson, Marina. . . . . . . . . . . . . . . . . . . . . . 30 Swiffen, Amy . . . . . . . . . . . . . . . . . . . . . . . . . 67

T Tac. . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . 15 Takeovers and the European Legal Framework. . 5 Talbot, Lorraine. . . . . . . . . . . . . . . . . . . . . . . . . 2 Talcott, Molly . . . . . . . . . . . . . . . . . . . . . . . . . 31 Tambakaki, Paulina. . . . . . . . . . . . . . . . . . . . . 57 Tan, Celine. . . . . . . . . . . . . . . . . . . . . . . . . . . 49 Taplin, Ruth. . . . . . . . . . . . . . . . . . . . . . . . . . . 32 Teacher’s Guide to Education Law, A. . . . . . . . 77 Techera, Erika. . . . . . . . . . . . . . . . . . . . . . . . . 48 Technologies of InSecurity. . . . . . . . . . . . . . . . 79 Tehan, Maureen. . . . . . . . . . . . . . . . . . . . . . . 46 Testifying to Trauma. . . . . . . . . . . . . . . . . . . . 40 The Eye of the Law. . . . . . . . . . . . . . . . . . . . . 58 The Law Teacher (Journal). . . . . . . . . . . . . . . . 77 The Routledge Handbook of International Criminal Law. . . . . . . . . . . . . . . . . . . . . . . . 33 Thio, Li-ann. . . . . . . . . . . . . . . . . . . . . . . . . . . 34 Thompson, Michael . . . . . . . . . . . . . . . . . . . . 60 Thurschwell, Adam. . . . . . . . . . . . . . . . . . . . . . 8 Tian, YiJun. . . . . . . . . . . . . . . . . . . . . . . . . . . 79 Tilley, Nick. . . . . . . . . . . . . . . . . . . . . . . . . . . . 16 Timing of Income Recognition in Tax Law and the Time Value of Money, The. . . . . . . . . . . 20 Tingle, John . . . . . . . . . . . . . . . . . . . . . . . . . . 72 Tinnevelt, Ronald . . . . . . . . . . . . . . . . . . . . . . 44 Tomorrow’s Torts . . . . . . . . . . . . . . . . . . . . . . . 7 Tonye Mahop, Marcelin. . . . . . . . . . . . . . . . . . 33 Trade Remedies. . . . . . . . . . . . . . . . . . . . . . . . 18 Trademarks, Brands, and Competitiveness. . . . . 5 Transcending the Boundaries of Law. . . . . . . . 25 Transgender Jurisprudence. . . . . . . . . . . . . . . 79 Transitional Justice (series). . . . . . . . . . . . . . . . 40 Transitional Justice, Judicial Accountability and the Rule of Law . . . . . . . . . . . . . . . . . . 40 Transitional Justice, Peace and Accountability . . ? Transnational Crime and Human Rights. . . . . . 10 Tranter, Kieran . . . . . . . . . . . . . . . . . . . . . . . . 61 Turkey’s Accession to the European Union. . . 21 Twigg-Flesner, Christian . . . . . . . . . . . . . . . . 2, 6 Tyson, Danielle . . . . . . . . . . . . . . . . . . . . . . . . 59

U UK Election Law. . . . . . . . . . . . . . . . . . . . . . . 75 Uncertainty in International Law. . . . . . . . . . . 39 Understanding the Islamic Veiling Controversy. . . . . . . . . . . . . . . . . . . . . . . . . 73 United States, International Law and the Struggle against Terrorism, The. . . . . . . . . . 40 UT Austin Studies in Foreign and Transnational Law (series). . . . . . . . . . . . . . . . . . 6, 7, 19, 30

V Vakulenko, Anastasia . . . . . . . . . . . . . . . . . . . 73 Valentine Palmer, Vernon . . . . . . . . . . . . . . . . 79 Values in Medicine . . . . . . . . . . . . . . . . . . . . . 71 Valverde, Mariana. . . . . . . . . . . . . . . . . . . . . . 60 van Geel, Tyll. . . . . . . . . . . . . . . . . . . . . . . . . . 77 Van Zyl Smit, Dirk. . . . . . . . . . . . . . . . . . . . . . 14 Vardi, Noah. . . . . . . . . . . . . . . . . . . . . . . . . . . 19 Varney, Michael R. . . . . . . . . . . . . . . . . . . . . . 21 Velluti, Samantha. . . . . . . . . . . . . . . . . . . . . . 21 Vindicating Socio-Economic Rights. . . . . . . . . 26 Visualizing Law in the Age of the Digital Baroque . . . . . . . . . . . . . . . . . . . . . . . . . . . 60 Vodanovich, Stephen J.. . . . . . . . . . . . . . . . . . . 2 von Braun, Johanna . . . . . . . . . . . . . . . . . . . . 16 Voruz, Veronique . . . . . . . . . . . . . . . . . . . 13, 16

W Wall, Illan rua. . . . . . . . . . . . . . . . . . . . . . 58, 64 Wallbank, Julie. . . . . . . . . . . . . . . . . . . . . . . . 23 Walt, Johan Van der. . . . . . . . . . . . . . . . . . . . 58 Walters, Reece . . . . . . . . . . . . . . . . . . . . . . . . 12 Wang, Qi . . . . . . . . . . . . . . . . . . . . . . . . . . . . 30 Ward, Jennifer . . . . . . . . . . . . . . . . . . . . . . . . 12 Ward, Tony. . . . . . . . . . . . . . . . . . . . . . . . . . . 11 Wastell, Sari. . . . . . . . . . . . . . . . . . . . . . . . . . 40

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Water Law for the Twenty-First Century . . . . . 48 Watson, Penelope. . . . . . . . . . . . . . . . . . . . . . . 7 Watt, Bob. . . . . . . . . . . . . . . . . . . . . . . . . . . . 75 Weiler, Joseph. . . . . . . . . . . . . . . . . . . . . . . . . 38 Weiss, Pia. . . . . . . . . . . . . . . . . . . . . . . . . . . . 32 Welfare’s Forgotten Past. . . . . . . . . . . . . . . . . 76 Wetzel, Jan. . . . . . . . . . . . . . . . . . . . . . . . . . . 27 White, Nigel D.. . . . . . . . . . . . . . . . . . . . . . . . 35 Wigger, Angela. . . . . . . . . . . . . . . . . . . . . . . . . 4 Williams, George . . . . . . . . . . . . . . . . . . . . . . 39 Williams, Glenys. . . . . . . . . . . . . . . . . . . . . . . 71 Williams, John . . . . . . . . . . . . . . . . . . . . . . . . 22 Williams, Melanie. . . . . . . . . . . . . . . . . . . . . . 79 Williamson, Laura. . . . . . . . . . . . . . . . . . . . . . 71 Wills, Aidan . . . . . . . . . . . . . . . . . . . . . . . . . . 43 Winn, Jane. . . . . . . . . . . . . . . . . . . . . . . . . . . 79 Wolcher, Louis E.. . . . . . . . . . . . . . . . . . . . . . . 58 Women, Judging and the Judiciary. . . . . . . . . 24

Y Yang, Suzanne. . . . . . . . . . . . . . . . . . . . . . . . 16 Yap, Po Jen. . . . . . . . . . . . . . . . . . . . . . . . . . . . 6 Yarwood, Lisa. . . . . . . . . . . . . . . . . . . . . . . . . 37 Yearwood, Ronnie R.F. . . . . . . . . . . . . . . . . . . 18 Yildiz, Kerim. . . . . . . . . . . . . . . . . . . . . . . . . . 43 Young, Alison. . . . . . . . . . . . . . . . . . . . . . . . . 54 Yu, Guanghua . . . . . . . . . . . . . . . . . . . . . . . . . 5 Yusuf, Hakeem O.. . . . . . . . . . . . . . . . . . . . . . 40

Z Zagler, Martin. . . . . . . . . . . . . . . . . . . . . . . . . Zammit-Borda, Aldo. . . . . . . . . . . . . . . . . . . . Zartaloudis, Thanos. . . . . . . . . . . . . . . . . . . . . Zeno-Zencovich, Vincenzo. . . . . . . . . . . . . . . . Zheng, Tiantian. . . . . . . . . . . . . . . . . . . . . . . . Zhongxin, Sun. . . . . . . . . . . . . . . . . . . . . . . . .

19 77 57 79 29 30


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Research in Law and Law & Society 2011 (UK)