53 minute read
Law
Gender in World Englishes
Edited by Tobias Bernaisch | Justus-Liebig-Universität Giessen, Germany Based on authentic English-language material, and backed by the latest statistical methods, this book explores the impact of gender on linguistic choices in English-speaking countries worldwide, considering local social realities. It is essential reading for researchers and advanced students with an interest in language, gender and World Englishes. • Examines gender in World Englishes from Africa, America, Asia, Britain and the Caribbean • Roots its results in large databases of authentic language use by speakers from different parts of the world • Guarantees that results are empirically reliable by employing multifactorial statistical methods
Studies in English Language
November 2020 228 x 152 mm c.275pp 978-1-108-48254-7 Hardback £85.00 / US$110.00 C
A General Right to Conscientious Exemption Beyond Religious Privilege
John Adenitire | Queen Mary University of London The book argues that there is a general right to conscientiously object to any legal obligation whatsoever on the basis of religious or nonreligious conscientious beliefs in US, Canadian and UK law. The book provides a liberal and valuepluralist defence of the general right. • The first monograph to provide a legal and theoretical analysis of the practice of conscientious exemptions in the US, Canada and UK • Provides in depth and up to date analysis of all the relevant case law making readers aware of the most recent legal developments • Provides a sustained argument as to the existence of the general right and as to its availability to non-religious objectors July 2020 228 x 152 mm c.344pp 978-1-108-47845-8 Hardback £85.00 / US$110.00 C
Statutory Interpretation Pragmatics and Argumentation
Douglas Walton | University of Windsor, Ontario Drawing on linguistics, legal theory, computing, and dialectics, this book analyzes statutory interpretation in terms of arguments used in everyday reasoning. The authors illustrate complex, crucial legal cases with diagrams and summarize them in schemes, making the methodology accessible to scholars, professionals, and students across disciplines. • Approaches the complex problem of statutory interpretation with an interdisciplinary perspective • Provides argumentation maps that help readers without a background in law understand the legal reasoning tools proposed • Uses numerous legal cases to summarize, classify, and illustrate the proposed analytical methods November 2020 229 x 152 mm c.320pp 978-1-108-42934-4 Hardback £85.00 / US$110.00 C
The Cambridge Companion to the Philosophy of Law
Edited by John Tasioulas | King’s College London The book provides an accessible, comprehensive, and high quality introduction to the major themes of legal philosophy, written by a stellar international cast of contributors. The volume is an exceptional teaching tool, covering themes such as law’s nature, the values it should serve, and issues within specific areas of law from crime to contract. • Provides comprehensive coverage of the main topics in legal philosophy, for use as a primary reference by students • Offers high quality and reliable discussion, featuring new thoughts by leading figures in the field • Features a strong emphasis on the philosophy of specific areas of law, such as tort, contract and criminal law
Cambridge Companions to Law
July 2020 228 x 152 mm 434pp 978-1-107-08796-5 Hardback £75.00 / US$99.99 P 978-1-107-45822-2 Paperback £29.99 / US$39.99 P
Will Bateman | Australian National University, Canberra This is the first book to analyse constitutionalism and public finance in parliamentary systems of government. It provides an historical and contemporary account of the interaction of law and the financial behaviour of Anglophone parliamentary systems of government: focusing on taxation, public expenditure, sovereign borrowing and monetary finance. • Provides the first constitutional analysis of public finance law and practice in UK and Commonwealth jurisdictions • Provides an historical treatment of legal and constitutional dimensions of public finance in British and Commonwealth jurisdictions • Accessibly explains how government, law and economic conditions interact before, during and after moments of economic crisis, using the
UK and Australia as examples September 2020 229 x 152 mm c.224pp 14 b/w illus. 978-1-108-47811-3 Hardback £80.00 / US$110.00 C
Judicial Review Process, Powers, and Problems (Essays in Honour of Upendra Baxi)
Edited by Salman Khurshid | Supreme Court of India This collection of scholarly essays demonstrate the different facets of judicial review based on the vast area of comparative constitutional law. It honours the body of work of Upendra Baxi, legal scholar and author, whose contributions have shaped our understanding of legal jurisprudence and expanded the scope of social transformation in India. • Offers a great source of information and knowledge about the judicial review system in India • Studies different aspects of judicial review, power, process, and problems June 2020 228 x 152 mm c.460pp 978-1-108-83603-6 Hardback £110.00 / US$140.00 C
Justifying Injustice Legal Theory in Nazi Germany
Herlinde Pauer-Studer | University of Vienna Examining how crucial parts of the distorted normative order of the Third Reich evolved and were justified by regime-loyal legal theorists, this book explains how law can bend to a political ideology and fail to keep state power from transgressing elementary standards of humanity and the rule of law. • Provides a detailed account of the distortions of law in the Nazi era and insight into the working of Nazi ideology, showing how criminal law and police law can turn into instruments of dictatorial control • By discussing the interaction between ministerial bureaucracy and
Nazi organizations (the Nazi Party and the SS) in the persecution and ultimately mass murder of Jews, this book offers a better understanding of the legal subtext of the Nazi regime’s escalating violence • Explains the theoretical foundations of Nazi legal thinking and its philosophical context September 2020 228 x 152 mm 225pp 978-1-107-15930-3 Hardback £85.00 / US$110.00 C
Measuring Accountability in Public Governance Regimes
Ellen Rock | University of Technology, Sydney This book brings a new dimension to discussions of government accountability, offering a framework for the study and exploration of accountability deficits (gaps) and overloads (overlaps). It will be of interest to academics and public policy analysts across fields of law, politics and management. • Provides an easy entry point for readers new to the accountability literature to come to grips with current debates and theories without the need for specialised disciplinary knowledge • Highlights for readers the gap in the existing accountability literature and offers a framework that can be built on in future work in this area • Provides interesting real-life examples of the potential operation of an accountability deficit and overload framework October 2020 228 x 152 mm c.256pp 1 table 978-1-108-84048-4 Hardback £85.00 / US$110.00 C
Free Speech in the Balance
Alexander Tsesis | Loyola University, Chicago This book provides a comprehensive study of proportional analysis in free speech theory. It should be read by students and scholars of free speech theory and anyone interested in learning more about the history of existing law, the issues of current importance, and trends in expressive significance. • Provides a deep and comprehensive study of free speech • Establishes an original theory that is robust enough for understanding, analyzing, and developing comprehensive analysis of complex free speech issues • Critiques and analyzes U.S. free speech doctrine August 2020 229 x 152 mm c.225pp 978-1-108-42400-4 Hardback £85.00 / US$110.00 C
Proportionality in Asia
Edited by Po Jen Yap | The University of Hong Kong This book is for lawyers, political scientists, and students of law and political science who seek to understand how proportionality analysis – a legal transplant from the West – is blossoming and, in some cases, flourishing in Asia. • Provides an overview of how proportionality analysis is applied by courts across Asia, with an enhanced understanding of how proportionality analysis operates beyond Western states • Explains how the judicial application of proportionality analysis varies according to the regime type of the jurisdiction and how politics shape judicial behaviour • Identifies and analyses the key constitutional case law in various Asian jurisdictions August 2020 229 x 152 mm c.300pp 978-1-108-49575-2 Hardback £85.00 / US$110.00 C
A.V. Dicey and the Common Law Constitutional Tradition A Legal Turn of Mind
Mark D. Walters | Queen’s University, Ontario This book will appeal to lawyers, legal historians, politicians, historians of legal thought, legal philosophers, but also anyone curious about intellectual biography and the life and times of a leading Victorian legal and political writer, Albert Venn Dicey. • Explores how a leading constitutional scholar, A.V. Dicey, struggled to reconcile two constitutional principles: legislative sovereignty and the rule of law • Explores constitutional values through an examination of their historical development in legal literature • Explores the difference between the constitution as extraordinary law and the constitution as ordinary law
Cambridge Studies in Constitutional Law
October 2020 228 x 152 mm 350pp 2 b/w illus. 978-1-107-02847-0 Hardback £85.00 / US$110.00 C
Redrafting Constitutions in Democratic Regimes Theoretical and Comparative Perspectives
Edited by Gabriel L. Negretto | Pontificia Universidad Catolica de Chile Many contemporary democracies face popular pressure to profoundly transform or replace their constitutions. This book shows how redrafting constitutions in democratic regimes may contribute to the improvement or erosion of democracy. Its interdisciplinary and comparative perspective makes it a valuable resource to scholars of law and politics. • Explores the relationship between representative and participatory channels of citizen involvement in democratic constitutional rewrites • Links constitutional change to current problems of democratization • Offers a conceptual roadmap to help scholars and general readers understand the main features and challenges of democratic constitutional replacements
Comparative Constitutional Law and Policy
September 2020 228 x 152 mm c.264pp 978-1-108-83984-6 Hardback £85.00 / US$110.00 C
Towering Judges A Comparative Study of Constitutional Judges
Edited by Iddo Porat | College of Law and Business (Israel) This volume is the first to explore how the influence of judicial personas has brought about constitutional change. Chapters convey the personal history of these judges, their lively debates, and the turbulent context in which many of them operated. The book is for scholars of law, political science, and history. • Explains judicial tactics and judicial leadership with a comparative, interdisciplinary perspective • Introduces readers to leading judges from jurisdictions around the world, such as the United States, United Kingdom, Canada, Australia,
India, Nepal, and Chile • Categorizes judges along different dimensions of ‘toweringness’, modes of operation, and political and historical contexts
Comparative Constitutional Law and Policy
December 2020 229 x 152 mm c.350pp 978-1-108-84021-7 Hardback £85.00 / US$110.00 C
The Best Candidate Presidential Nomination in Polarized Times
Edited by Eugene D. Mazo | Rutgers University, New Jersey With chapters penned by leading election law scholars from across the political spectrum, this volume illuminates the law behind the presidential nomination process in the United States. Offering realistic solutions for reforming this process, the work should be read by anyone who cares about the occupant of the Oval Office. • Presents a range of ideological perspectives on the mechanics of the nomination system, while providing readers with an informed sense of the options that voters face • Fills a gap in the legal literature by offering the first, comprehensive explanation of the law driving the nomination process in the United
States • Helps readers navigate the complex, intricate nature of American election law September 2020 228 x 152 mm c.414pp 978-1-108-83539-8 Hardback £74.99 / US$99.99 P 978-1-108-79332-2 Paperback £22.99 / US$29.99 G
Stian Øby Johansen | Universitetet i Oslo International organizations are becoming increasingly powerful. Consequently, they are now more capable than ever of violating the rights of individuals. This book establishes a framework for analyzing and assessing the human rights accountability mechanisms of international organizations, and applies it to three case studies. • Establishes a framework for analyzing and assessing accountability mechanisms of international organizations that can be used to study the accountability mechanisms of any international organization • Contains three in-depth cases studies of situations where international organizations wield significant powers over individuals, providing readers with detailed knowledge of understudied accountability mechanisms • Shines light on the fact that international organizations may be human rights violators and the difficulties in holding them to account July 2020 228 x 152 mm c.400pp 978-1-108-49567-7 Hardback £95.00 / US$125.00 C
Limits of Supranational Justice The European Court of Human Rights and Turkey’s Kurdish Conflict
Dilek Kurban | The Hertie School This book tells the dramatic story of how ordinary Kurds and their lawyers tried to mobilize the European Court of Human Rights against state violence in Turkey. It meticulously documents the reasons behind their successes and failures, providing sobering conclusions on the limitations of supranational courts in dealing with authoritarian regimes. • A path-breaking account of the European Court of Human Rights’ impact in Turkey • Compellingly demonstrates the failure of supranational courts where they are most needed: protecting minorities against state violence in ethno-political conflicts • This bottom-up account of Kurdish lawyers’ experience with the
European Court of Human Rights is a much-needed contribution to research on legal mobilization in authoritarian settings October 2020 228 x 152 mm c.300pp 978-1-108-48932-4 Hardback £85.00 / US$110.00 C
Maria Monnheimer | Ludwig Maximilian University of Munich Introducing an analytical framework for international due diligence obligations and testing it against several practical examples, this book is of relevance to both scholars and students of public international law as well as to practitioners and political decision-makers in the field of human rights protection. • Introduces human rights due diligence obligations of States to address gaps in human rights protection in relation to non-State actors • Provides for a systematic and in-depth analysis of due diligence obligations in international law and introduces a general framework that makes their vague character more approachable • Includes several examples of how extraterritorial human rights due diligence obligations operate in practice November 2020 228 x 152 mm c.400pp 978-1-108-84173-3 Hardback £95.00 / US$125.00 C
Transnational Corporations and Human Rights Overcoming Barriers to Judicial Remedy
Gwynne L. Skinner | Willamette University College of Law Documenting the recent rise of transnational corporations, Skinner details the business-related human rights and environmental law violations inflicted on local communities – along with the barriers victims face when seeking remedies. This book will interest scholars, policymakers, and anyone concerned about the role of corporations in our increasingly globalized society. • Discusses policy recommendations for legislators, advocates, and campaigners • Examines the barriers victims face in specific, key jurisdictions while also drawing lessons from issues common to all jurisdictions • Provides an in-depth analysis of the legal doctrines of the United
States, including the Alien Tort Statute August 2020 228 x 152 mm 250pp 978-1-107-19931-6 Hardback £74.99 / US$99.99 P 978-1-316-64880-3 Paperback £26.99 / US$34.99 P
The Cambridge Handbook of Environmental Justice and Sustainable Development
Edited by Sumudu A. Atapattu | University of Wisconsin School of Law Exploring the often-neglected social dimension of sustainability and its relationship to human rights and environmental justice, this book is a resource for scholars, students and practitioners. It examines intersecting forms of oppression that produce environmental injustice, including subordination based on gender, race, poverty, and indigeneity. • Introduces diverse, multidisciplinary theoretical frameworks for understanding the relationship between environmental justice and the social pillar of sustainable development • Provides legal scholars and practitioners with a deeper understanding of the strategies and challenges for overcoming environmental injustice • Illustrates practical applications of intersectional analyses of environmental injustice October 2020 253 x 177 mm c.500pp 978-1-108-47000-1 Hardback £150.00 / US$195.00 R
The Evolution of Humanitarian Protection in European Law and Practice Liv Feijen
What role do humanitarian considerations play in immigration control? Can it be argued that certain categories of non-nationals who are particularly vulnerable have a right to stay in a country because of their vulnerabilities? Is it an act of charity or an obligation of states not to return them? • Combines law, philosophy, sociology and political science in the area of immigration control • The cross-disciplinary approach benefits a wide range of readers who normally would not be exposed to the other disciplines • Explains the relationship between humanitarian considerations and immigration control
Cambridge Asylum and Migration Studies
December 2020 228 x 152 mm c.300pp 978-1-108-48348-3 Hardback £85.00 / US$110.00 C
Health as a Human Right The Politics and Judicialisation of Health in Brazil
Octávio Luiz Motta Ferraz | King’s College London This book will appeal to people interested in the effects that recognising health as a human right in law can have on the health conditions of the population. It tells the story of how, against all odds, health became a right in Brazil in 1988 and its effects since then. • Explores the effects of the right to health in Brazil in the past 30 years and provides a comprehensive analysis of this complex and controversial topic • Presents and analyses a wealth of empirical data on the topic rarely found in the legal literature, allowing readers to see how far the theoretical debates reflect the reality on the ground • Focusses in great detail on Brazil and features a detailed case study which readers will be able to use to compare other places experiencing the same issues
Cambridge Studies in Law and Society
October 2020 228 x 152 mm c.320pp 56 b/w illus. 6 maps 7 tables 978-1-108-48364-3 Hardback c. £85.00 / c. US$110.00 C
A Magna Carta for Children? Rethinking Children’s Rights
Michael Freeman | University College London Are the rights we currently afford to children enough? This book restates the importance of law, policy and rights in improving children’s lives. This book will appeal to an interdisciplinary audience who are interested in children’s rights, children’s studies, the history of childhood, international human rights, and comparative family law. • Provides a detailed examination of the development of children’s rights before the Convention on the Rights of the Child, including key legal and philosophical perspectives • Includes an in-depth critique of the Convention and its principles • Explores multiple facets of children’s rights and childhood, appealing to a broad audience of legal, sociological, psychological and social work scholars
The Hamlyn Lectures
September 2020 216 x 138 mm 580pp 978-1-107-15282-3 Hardback £89.99 / US$125.00 P 978-1-316-60667-4 Paperback £29.99 / US$39.99 P
A Philosophical Introduction to Human Rights
Thomas Mertens | Radboud Universiteit Nijmegen Everybody has heard of human rights. But what are human rights, where do they originate and what do they mean? This book answers these questions, offering a multifaceted introduction to legal philosophy. The 1948 Universal Declaration of Human Rights provides the frame for engaging with western legal philosophy across the ages. • Discusses ten central human rights in ten chapters, which can be read independently • Valuable both for beginners and those more advanced • Where most introductions in legal philosophy are based on contemporary literature, this book relies heavily on classical authors, most notably Kant • Suitable as an introductory text for both legal philosophy and human rights
Law in Context
September 2020 244 x 170 mm c.350pp 978-1-108-41631-3 Hardback £74.99 / US$99.99 P 978-1-108-40282-8 Paperback £26.99 / US$34.99 P
Publicity in International Lawmaking Covert Operations and the Use of Force
Marie Aronsson-Storrier | University of Reading This book offers the first comprehensive examination into the requirement of publicity in international law-making, which is a highly topical issue due to developments concerning covert uses of force. It will be of interest to academics, practitioners, and students working within international law, as well as international relations. • Examines and unpacks the relationship between covertness and publicity and provides a more nuanced approach to the relationship between public and covert acts • Introduces a new definition of ‘publicity’ within international lawmaking and offers a clearer test for the requirement of state practice • Examines how state silence around covert and quasi-covert operations have opened up significant space for legal scholars and other experts to influence the development of international law November 2020 228 x 152 mm c.264pp 978-1-108-49438-0 Hardback £85.00 / US$110.00 C
The Jurisdiction of the International Criminal Court over Nationals of Non-States Parties
Monique Cormier | University of New England, Australia This book is for scholars, students and practitioners of international criminal law. It focuses on legal questions relating to the jurisdiction of the International Criminal Court where the State of nationality has not consented to prosecution. This is a controversial and topical issue before the Court. • Provides a comprehensive and systematic examination of the legal basis for the International Criminal Court’s jurisdiction over nationals of non-States Parties • Explains and applies the concept of delegated jurisdiction as a legal basis for the ICC’s jurisdiction over nationals of non-States Parties • Uses actual examples of situations considered by the Court to explore the legal basis possibilities, and applies and critiques relevant ICC decisions, providing a useful resource for legal practitioners and academic commentators August 2020 228 x 152 mm c.280pp 978-1-108-49930-9 Hardback £85.00 / US$110.00 C
Social Institutions and International Human Rights Law Implementation Every Organ of Society
Julie Fraser | Universiteit Utrecht, The Netherlands This book critiques the traditional State-centric and legalistic approach to implementing human rights, and advocates more culturally sensitive measures involving social institutions. Through a multi-disciplinary case study, the book demonstrates the power of social institutions like religion to promote rights compliant positions and behaviours. • Provides an inter-disciplinary and qualitative case study on implementing human rights with concrete examples of human rights in practice and the factors impacting their adoption or rejection • Combines empirical results from field work with legal analysis of the international law framework, demonstrating the value of interdisciplinary research and the relevance of practice for theory • Identifies and elaborates critiques of present approaches and proposes solutions and clearly explains the current challenges as well as providing straightforward remedies August 2020 228 x 152 mm c.307pp 978-1-108-48957-7 Hardback £85.00 / US$110.00 C
The Law of the Sea and Climate Change Solutions and Constraints
Edited by Elise Johansen | UiT the Arctic University of Norway An exploration of the interrelationship between climate change and the sea, offering new perspectives on the law of the sea’s potential to adapt and contribute to ensure a resilient and sustainable future. It identifies how the law of the sea can be interpreted and applied to support climate change action. • Presents and explains the interrelationship and interaction between the law of the sea and the United Nations climate regime in a systematic and accessible way • Provides examples from various sectors facing regulatory challenges and presents possibilities for the law of the sea as a result of climate change • Contributes to the development of the modern law of the sea and offers suggestions and solutions to how legal regulation can respond to new and pressing challenges December 2020 229 x 152 mm c.400pp 978-1-108-84226-6 Hardback £95.00 / US$125.00 C
PREVIOUSLY ANNOUNCED
The International Criminal Responsibility of War’s Funders and Profiteers
Edited by Nina H B Jørgensen | University of Southampton This book will be of interest to academics focusing on international criminal justice, legal practitioners, non-governmental organisations concerned with ‘business and human rights’, postgraduate students doing research in international humanitarian law and undergraduates studying international law subjects. • Analyses a developing area and will appeal to scholars and practitioners seeking a one-stop guide to a broad topic • Features contributions from both academics and practitioners and is intended to guide practice by including chapters by those with a wealth of experience of the practical context and challenges • Aims to bring together discrete areas of study, demonstrating the connections between themes September 2020 228 x 152 mm c.500pp 978-1-108-48361-2 Hardback £110.00 / US$140.00 C
TEXTBOOK
International Law
Third edition Jan Klabbers | University of Helsinki A landmark publication in the teaching of international law from one of the world’s leading international lawyers. This refreshingly clear, concise textbook conveys the dynamics of international law through four questions: Where does it come from? To whom does it apply? How does it resolve conflict? And what does it say? • The new and updated edition of this landmark textbook by a leading international law scholar • Places the law consistently in context, discussing the economic and political relevance of international law and showing how it connects to global ethics • Connects theory with practice to help students become more engaged and understand how the various branches of international law are connected Contents: Part I. The Structure of International Law: 1. The Setting of International Law; 2. The Making of International Law; 3. The Law of Treaties; 4. The Subjects of International Law; 5. Jurisdiction, Powers, and Immunities; 6. The Individual in International Law, including Human Rights; 7. The Law of Responsibility; 8. International Courts and Tribunals;
9. Sanctions, Countermeasures, and Collective Security; Part II. The Substance of International Law: 10. Use of Force; 11. The Law of Armed Conflict; 12. International Criminal Law; 13. The Seas, the Air, and Outer Space; 14. Protecting the Environment; 15. The Global Economy; Part III. The Surroundings of International Law: 16. Domestic Courts and their Relationship with International Law; 17. The Politics and Ethics of International Law and Global Governance; 18. By way of Conclusion. November 2020 244 x 170 mm c.350pp 978-1-108-48724-5 Hardback £79.99 / US$105.00 X 978-1-108-73282-6 Paperback £34.99 / US$43.99 X
Climate Change Litigation in the Asia Pacific
Edited by Jolene Lin | National University of Singapore This edited collection is the first to comprehensively consider the role that litigation can play in galvanizing climate action in countries including Pakistan, Indonesia, Malaysia and China. Scholars, lawyers, and students of law and environmental studies will find this immensely useful. • Provides in-depth case studies of climate litigation in selected jurisdictions in the Asia Pacific region (e.g., Indonesia, Australia and
Malaysia) • Features a dedicated section on climate change litigation in China and a detailed academic analysis of climate litigation in China (in the
English language) • Includes contributions from both established and emerging scholars from Global North and Global South and contains a wide range of perspectives September 2020 228 x 152 mm c.500pp 978-1-108-47846-5 Hardback £110.00 / US$140.00 C
Jurisdictional Accumulation An Early Modern History of Law, Empires, and Capital
Maïa Pal | Oxford Brookes University Jurisdictional accumulation reveals varieties of early modern extraterritorial practices and how consuls, ambassadors, merchants and lawyers drove European imperial expansion. This new concept challenges histories of territorial sovereignty in international relations and international law and contributes to early modern mercantilism and capitalism. • Develops ‘jurisdictional accumulation’ as a new concept for the history of international relations and international law, contributing to critical interdisciplinary work and provides a new approach to early modern history • Contributes to debates and historical methods and develops a longterm and large-scale comparative framework that makes a general claim about a key period of international history • Uses primary and secondary material on ambassadors and consuls linking their role to the development of Mediterranean trade and diplomacy and Atlantic imperialism September 2019 228 x 152 mm c.342pp 978-1-108-49720-6 Hardback £85.00 / US$110.00 C
The UN Friendly Relations Declaration at 50 An Assessment of the Fundamental Principles of International Law
Edited by Jorge E. Viñuales | University of Cambridge A comprehensive study of the fundamental principles of international law by some of the world’s most prominent international law scholars from all continents. Each chapter in this volume reflects decades of experience, work and reflection by the most authoritative voices of the field. • Includes works by some of the world’s most prominent international law scholars • A commemorative volume celebrating the fiftieth anniversary of the
United Nations Friendly Relations Declaration • Offers a comprehensive study of the fundamental principles of international law September 2020 253 x 177 mm c.630pp 978-1-108-48381-0 Hardback £120.00 / US$160.00 R
Capitalism As Civilisation A History of International Law
Ntina Tzouvala | Australian National University College of Law This monograph offers a comprehensive history of the standard of civilisation, a core component of the history of international law, that also shows its relevance for contemporary lawyers. It offers a distinctive intervention in the context of the recent revival of the history and theory of international law. • Offers a fresh perspective to disciplinary debates about legal indeterminacy by showing that the contradictions of ‘civilisation’ are the way the pro-capitalist bias of international law manifests itself • Combines methodological tools drawn from Marxism and deconstruction, enabling the reader to take the textuality of the law seriously while also situating these texts within the structures of global capitalism • Elucidates the role and continuing purchase of racialised and gendered tropes for international legal argumentation and helps its audience decipher the racist and sexist presuppositions of supposedly neutral legal doctrines
Cambridge Studies in International and Comparative Law, 142
November 2020 228 x 152 mm c.230pp 978-1-108-49718-3 Hardback £85.00 / US$110.00 C
International Status in the Shadow of Empire Nauru and the Histories of International Law
Cait Storr | University of Technology Sydney This is an elegant, readable narrative of Nauru’s imperial history that makes a compelling argument for the island’s significance in the history of international law. It includes crucial new research for scholars in international law and history, as well as in German history, Pacific history, and contemporary international relations. • Constructs an innovative account of the transition from the European imperial order of the late nineteenth century to the international order of the twentieth century • Traces the structural continuities between imperial administration in
Nauru during the protectorate, mandate, trusteeship and state periods, providing new perspective on the post-independence ‘failures’ of the
Republic of Nauru • Offers a clear, accessible theoretical argument on the relationship between international status and imperial forms of administration
Cambridge Studies in International and Comparative Law, 150
September 2020 228 x 152 mm c.318pp 12 b/w illus. 3 maps 978-1-108-49850-0 Hardback £85.00 / US$110.00 C
International Law Reports
Volume 189 Edited by Christopher Greenwood | International Court of Justice Volume 189 is devoted to the 2016 judgment on Jurisdiction and Admissibility in Obligations (Marshall Islands v. India), the 2016 judgment on Jurisdiction and Admissibility in Obligations (Marshall Islands v.Pakistan) and the 2016 judgment on Preliminary Objections (Marshall Islands v. United Kingdom). • Reports on the 2016 judgment on Jurisdiction and Admissibility in
India) • Covers the 2016 judgment on Jurisdiction and Admissibility in
Pakistan) • Reports on the 2016 judgment on Preliminary Objections in
United Kingdom)
International Law Reports, 189
September 2020 219 x 146 mm c.800pp 4 colour illus. 978-1-108-49546-2 Hardback £170.00 / US$220.00 R
International Law Reports
Volume 190 Edited by Christopher Greenwood | International Court of Justice Volume 190 is devoted to the 2016 Judgment on preliminary objections and the 2017 Order on counter-claims of the International Court of Justice in Nicaragua v. Colombia, the 2019 Final arbitral award on reparations in The Duzgit Integrity and the 2019 Judgment of the English High Court in Heiser Estate v. Islamic Republic of Iran. • Contains the 2016 Judgment on preliminary objections and the 2017
Order on counter-claims of the International Court of Justice in Alleged
Violations of Sovereign Rights and Maritime Spaces in the Caribbean
Sea(Nicaragua v. Colombia) • Contains the 2019 Final arbitral award on reparations in The Duzgit
Integrity (Republic of Malta v. São Tomé and Príncipe) • Contains the 2019 Judgment of English High Court in Heiser Estate v.
Islamic Republic of Iran
International Law Reports, 190
November 2020 219 x 146 mm c.800pp 4 colour illus. 978-1-108-49572-1 Hardback £170.00 / US$220.00 R
Iran-US Claims Tribunal Reports 2010–2018
Volume 39 Lee M. Caplan | Arent Fox LLP Volume 39 of the Iran-US Claims Tribunal Reports makes available to the public the last nine years of the Tribunal’s work. This volume is a critical contribution to the field of international arbitration that will inform and guide the practice of international arbitration practitioners from around the world. • The Iran-US Claims Tribunal is the most important international claims tribunal to sit in over half a century; its jurisprudence continues to make an important contribution to international law • This and preceding volumes in the series comprise the only complete and fully indexed report of the decisions of this unique tribunal • Each volume contains a Consolidated Index and Tables of Cases for the whole series, as well as Tables of Cases for the volume itself
Iran-U.S. Claims Tribunal Reports
October 2020 228 x 152 mm c.563pp 978-1-108-83079-9 Hardback £250.00 / US$325.00 R
Intergenerational Justice in Sustainable Development Treaty Implementation Advancing Future Generations Rights through National Institutions
Edited by Marie-Claire Cordonier Segger | University of Cambridge Transformations in economy, technology, society and the environment mean today’s decisions affect quality of life for all generations. This text offers insights for lawyers, academics, policy-makers, businesses and leaders interested in intergenerational equity across national and international law, policy and practice for sustainable development. • Provides an interdisciplinary discussion of intergenerational equity and justice from various aspects and perspectives • Introduces the reader to international and national systems and mechanisms for implementing and protecting intergenerational equity and justice • Generates a dialogue regarding the state of intergenerational equity and justice as hard and soft law concerns
Treaty Implementation for Sustainable Development
October 2020 228 x 152 mm c.500pp 6 b/w illus. 10 tables 978-1-108-48802-0 Hardback £110.00 / US$140.00 C
Yannick Radi | UCLouvain – Faculty of Law Covering substantive and dispute settlement matters, this textbook provides analyses accessible to readers who are discovering international investment law and arbitration anew, while it offers a wealth of in-depth studies for readers who are already familiar with this field of law. • Adopts a contextual approach, grounding the material in the context of how international investment law interacts with other areas of law, and how it works in practice • Provides in-depth analyses of treaty rules and practices in international investment law and arbitration • Provides in-depth analyses of arbitration practices pertaining notably to jurisdiction and admissibility, liability, quantum, costs, provisional measures, annulment as well as a broad range of specific procedural matters • Instructors organising their classes will benefit from an online digest that highlights the international investment agreements as well as the arbitral awards and decisions which are best illustrative of the nuances and differences displayed by treaty and arbitration practices Contents: 1. The History of International Investment Law and Arbitration; 2. The Sources of International Investment Law and Arbitration; 3. Introduction to the Substantive Rules Protecting Foreign Investments and Public Interests; 4. Promotion, Facilitation, Admission and Establishment of Foreign Investments; 5. Standards of Treatment; 6. The Protection Against Illegal Expropriation; 7. Public Interest Limitations on Foreign Investors’ Protection; 8. Obligations to Protect and Respect Public Interests; 9. Insurance Against Political Risks; 10. Classification of Investmentrelated Disputes and Dispute Settlement Mechanisms; 11. InvestorState Arbitration: Historical, Institutional and Procedural Dimensions; 12. Applicable Law and Interpretation; 13. Provisional Measures; 14. Jurisdiction and Admissibility; 15. Investor-State Arbitration and the Law of State Responsibility:Attribution, Circumstances Precluding Wrongfulness and Reparation; 16. ICSID Convention Annulment Proceedings.
Law in Context
October 2020 244 x 170 mm 500pp 978-1-107-10210-1 Hardback £99.99 / US$129.99 X 978-1-107-49957-7 Paperback £42.99 / US$51.99 X
PREVIOUSLY ANNOUNCED
Space and Fates of International Law Between Leibniz and Hobbes
Ekaterina Yahyaoui Krivenko | National University of Ireland, Galway It offers the first analysis of the influence of the concept of space on the emergence and operation of international law. This book adds to the resources on early modern history of international law relevant for any scholar working in international law or international relations. • Introduces the concept of space as a central explanatory feature of the shape and structure of international law, showing how the distinct concept influenced international law • Fills a gap in the early modern history of international law and includes analysis of works of two major early modern thinkers – Leibniz and
Hobbes – on issues related to the development of international law • Offers novel insights into spatial justice and international law focusing on the concept of space, not derivative spatial concepts, and suggests a new framework for dealing with spatial justice in international law
ASIL Studies in International Legal Theory
September 2020 228 x 152 mm c.216pp 978-1-108-48875-4 Hardback £85.00 / US$110.00 C
Existing Legal Limits to Security Council Veto Power in the Face of Atrocity Crimes
Jennifer Trahan | New York University The book makes the case that existing legal obligations constrain how the UN Security Council permanent members use their veto. Through the lens of atrocities occurring in Syria, Myanmar, Darfur, and elsewhere, the book outlines the parameters international law creates in situations of genocide, war crimes, and crimes against humanity. • Provides a comprehensive overview of veto use from the Cold War to present • Demonstrates the current approach to veto power during atrocity crimes, how this approach is not working, and the legal arguments against it • Addresses the cost to victims posed by the current approach through two illustrative examples August 2020 229 x 152 mm c.225pp 978-1-108-48701-6 Hardback £85.00 / US$110.00 C
International Trade, Investment, and the Sustainable Development Goals World Trade Forum
Edited by Cosimo Beverelli | World Trade Organization This book explores how trade and foreign investment can be harnessed to achieve the 2030 Sustainable Development Goals. Its multidisciplinary approach will appeal to economists, lawyers and political scientists who work on economic globalization and/or development, as well as domestic and international policymakers. • A genuinely multi-disciplinary collaboration reflecting the three core disciplines of its editors – economics, law and political science • Explores both trade and foreign investment as vectors for the achievement of the Sustainable Development Goals • Engages with empirical research that either challenges or extends the research profile of existing claims in the literature October 2020 229 x 152 mm c.250pp 978-1-108-84088-0 Hardback £85.00 / US$110.00 C
Admissibility of Shareholder Claims under Investment Treaties
Gabriel Bottini | Uría Menéndez States have expressed concern about shareholders claiming before international tribunals for harm to company assets. Proposals are being discussed to reform investment arbitration to deal with this problem and this book proposes appropriate solutions without the need for substantial reforms or the complete abandonment of investment arbitration. • Argues that shareholder treaty claims are not ‘independent’ from related national law claims, demonstrating the importance of considering the company’s position, national law and the impact of national claims in the resolution of investment treaty disputes • Proposes specific admissibility criteria applicable to shareholder treaty claims and provides concrete guidance to apply admissibility to shareholder treaty claims relating to harm suffered by the company’s assets • Clarifies that shareholder treaty claims often involve the same damages as the company’s national law claims September 2020 228 x 152 mm c.296pp 978-1-108-49452-6 Hardback £85.00 / US$110.00 C
Dictionary of Trade Policy Terms
Sixth edition
Walter Goode
This book is intended for persons required to be familiar with the world of trade policy. It contains in accessible language over 3000 entries and cross-references of terms and concepts. It is aimed particularly at current issues, but it also provides a brief historical perspective of more complex issues. • Gives a comprehensive overview of the terms and concepts used in international trade policy • Explains these terms and concepts in accessible language and provides numerous examples of how they are used • Nearly all entries include cross-references allowing readers to see the material in a broader context October 2020 228 x 152 mm c.600pp 978-1-108-84298-3 Hardback £94.99 / US$125.00 P 978-1-108-82319-7 Paperback £41.99 / US$54.99 P
GATT Dispute Settlement Reports Disputes Initiated in 1948–1993
World Trade Organization | World Trade Organization GATT Dispute Settlement Reports compiles all dispute settlement reports issued under the General Agreement on Tariffs and Trade (GATT 1947), including its Tokyo Round plurilateral codes, from 1948 to 1995 as identified in GATT Disputes: 1948-1995 published by the WTO. This complete set includes both adopted and unadopted reports. • Provides a complete set of all GATT Dispute Settlement Reports issued during the lifetime of the GATT (1948-1995) • Each volume consists of scans of the original reports • This is the only complete set of GATT dispute settlement reports, including some reports that have only recently been discovered October 2020 240 x 160 mm c.4800pp 978-1-108-49542-4 6 Volume Hardback Set £600.00 / US$780.00 R
Development of Environment Laws in India
Kanchi Kohli | Centre for Policy Research, New Delhi Introduces India’s environment laws to readers interested in law, contemporary politics, development studies, sociology, anthropology, political economy, ecological studies and administration. It is a handy volume for students, practitioners and a wide range of professionals dealing with and interested in environmental issues in India. • Highlights the dynamic nature of environmental law-making in India between the judiciary, executive and parliamentary structures • Contains a large volume of materials from the late 1990s which shows a marked shift in the nature of environmental governance in India • Materials introduce the readers to contemporary debates in environment law within India’s post-liberalisation context November 2020 228 x 152 mm c.430pp 978-1-108-49049-8 Hardback c. £89.99 / c. US$109.99 P 978-1-108-74849-0 Paperback c. £22.99 / c. US$34.99 P
Science and Judicial Reasoning The Legitimacy of International Environmental Adjudication
Katalin Sulyok | ELTE University, Budapest Examining how judges evaluate scientific knowledge when framing disputes, hearing evidence, conducting causal inquiry, and setting the standard of review, Sulyok provides a comparative analysis of environmental case-law across major international courts. This work also suggests reasoning styles with which judges can legitimately justify decisions. • Builds upon interdisciplinary insights from natural science literature and the philosophy of science to explain the challenges of adjudicating science-heavy legal disputes • Examines judicial techniques with respect to all four stages of the adjudicatory process, where judges confront scientific arguments and evidence • Provides an in-depth analysis of environmental decisions of seven major international courts and tribunals and shows how scientific arguments and evidence are appreciated and circumvented by judges
Cambridge Studies on Environment, Energy and Natural Resources Governance
November 2020 229 x 152 mm c.350pp 978-1-108-48966-9 Hardback £85.00 / US$110.00 C
The Unruly Notion of Abuse of Rights
Jan Paulsson | Three Crowns LLP, Washington DC Everyone condemns the ‘abuse of rights’, but it is seldom applied as a rule of decision. This book concludes that except when given context as part of a lex specialis, it is too nebulous, and too likely to lead to arbitrariness, to serve as a general principle of international law. • Reviews the conflict between believers and skeptics as to the coherence and usefulness of the notion of abuse of rights • Examines the dissimilar origins of the notion in national and international law • Describes difficulties and paradoxes encountered when applying the notion in various national legal systems • Illustrates numerous competing formulations of purported rules derived from the notion August 2020 228 x 152 mm c.150pp 978-1-108-84069-9 Hardback £85.00 / US$110.00 C
Wenhua Shan | Xian Jiaotong University, China A timely study by leading authorities of China’s role in international dispute resolution in the context of the ‘Belt and Road Initiative’. Providing the first comprehensive analysis of China’s policy and practice in international dispute resolution, particularly in the fields of trade, commerce, investment laws and the law of the sea. • Provides a timely study of international dispute resolution in the context of the ‘Belt and Road Initiative’, a useful reference for teachers and students in international law, international dispute resolution, and
China in the modern world • Features in-depth analysis of cases in the fields of international trade law, international investment law, and international law of sea • Offers a comprehensive examination of China’s participation in various fields of international dispute resolution November 2020 228 x 152 mm c.720pp 978-1-108-47339-2 Hardback £135.00 / US$175.00 C
The Cambridge Handbook of Judicial Control of Arbitral Awards
Edited by Larry A. DiMatteo | University of Florida This handbook is a must read for academics, arbitrators, practitioners, and students interested in a comparative analysis of the convergence and divergence of national and international commercial arbitration rules. The core areas of focus include the enforcement and vacation of arbitral awards and the interpretation of arbitration agreements. • Discusses important issues in international commercial arbitration theory and practice • Provides a comprehensive reference to rules and issues relating to arbitrator misconduct • Reviews areas of non-arbitrability under national laws by highlighting the differences in the meaning of public policy across countries
Cambridge Law Handbooks
October 2020 253 x 177 mm c.400pp 1 b/w illus. 2 tables 978-1-108-48861-7 Hardback £195.00 / US$255.00 R
TEXTBOOK
Contemporary Australian Corporate Law
Second edition Stephen Bottomley | Australian National University, Canberra Contemporary Australian Corporate Law is an introduction to corporate law in Australia that provides an authoritative, contextual and critical analysis of the law governing Australian corporations and financial markets. This edition has been updated to reflect changes to the Corporations Act 2011 and the impact of the Financial Services Royal Commission. • Explains the rules, principles, doctrines and policies that, together, constitute corporate law in Australia to students taking their first course in corporate law • Locates rules in their legal, social, economic and political context to provide deeper understanding and to recognise how corporations have become an integral part of the contemporary social fabric • The authors’ experience of teaching corporate law for many years brings a logical order to the subject matter with clarity, insight and technical excellence Contents: 1. Context, history and regulation; 2. Corporate law theory and debates; 3. The company as a separate legal entity; 4. Formation and types of companies; 5. The internal rules of a company; 6. Corporate contracting; 7. Decision-making, meetings and reporting; 8. Corporate finance; 9. Corporate fundraising; 10. An overview of directors’ duties; 11. Duty of care, skill and diligence; 12. Duty of good faith; 13. Conflicts of interest; 14. Members’ rights and remedies; 15. Receivership, schemes of arrangement and voluntary administration; 16. Winding up and liquidation; 17. Financial markets and financial services; 18. Takeovers. December 2020 247 x 174 mm c.652pp 1 b/w illus. 3 tables 978-1-108-79695-8 Paperback £79.99 / US$104.00 X
Reconstructing the Corporation From Shareholder Primacy to Shared Governance
Grant M. Hayden | Southern Methodist University Dedman School of Law This book critically examines shareholder primacy and its principal manifestation in corporate law: the exclusive shareholder franchise. It presents a new model of corporate governance, fully consistent with economic theory of the firm and democratic participation theory, that supports shared board representation between shareholders and employees. • Critically examines all of the main arguments for extending corporate voting rights to shareholders alone • Examines the basic precepts of shareholder primacy from the point of view of standard economic and social choice theory • Presents a new shared governance model of corporate governance that would involve shared control by shareholders and employees October 2020 228 x 152 mm 300pp 978-1-107-13832-2 Hardback c. £69.99 / c. US$110.00 P 978-1-316-50291-4 Paperback c. £24.99 / c. US$39.99 P
TEXTBOOK
Australian Commercial Law
Second edition Dilan Thampapillai | Australian National University, Canberra Australian Commercial Law is a comprehensive introduction to key aspects of Australian commercial law. The second edition includes: discussion of key concepts; chapters on contract law, business structures, bankruptcy and international commercial law; integration of digital and e-commerce transactions; and end-of-chapter discussion questions. • Written for students of law degrees, as opposed to business students studying commercial law • Provides comprehensive attention to each topic with extensive use of substantive law, detailed case discussion and excerpts of legislation • A lecturer website is available, with guided responses to end-ofchapter discussion question, and PPTs Contents: Preface; Table of cases; Table of statutes; List of abbreviations; Acknowledgements; Author biographies; Part I. Australian Commercial Law: 1. Contract law and commercial regulators; 2. Business structures; 3. Personal property; 4. Sale of goods; 5. Transfer of property; 6. Price and delivery; 7. Agency law; 8. Bailment; 9. Personal Properties Security Act; 10. Contracts of guarantee; 11. Insurance; 12. Bankruptcy; Part II. Australian Consumer Law: 13. Unfair contract terms; 14. Product liability; 15. Consumer guarantees; 16. Unconscionable conduct; 17. Misleading and deceptive conduct; Part III. International Commercial Law: 18. International commercial law. September 2020 247 x 174 mm c.524pp 3 tables 978-1-108-72849-2 Paperback £79.99 / US$129.95 X
European Human Rights Justice and Privatisation The Growing Influence of Foreign Private Funds
Gaëtan Cliquennois | Université de Nantes, France This book offers a very new understanding of litigation before the European Courts and of relationships between litigation strategies, private funding and European case law with a view to fostering a societal debate about the growing influence of the private sector on the European human rights justice system. • Offers a very new understanding of litigation before the European
Courts, relationships between litigation strategies, private funding and
European case law • Accessible to readers without specialized training in socio-legal theory and in litigation practice • Offers a new socio-legal perspective on the human rights justice system by adopting an inter-disciplinary and multi-disciplinary stance September 2020 228 x 152 mm c.250pp 4 tables 978-1-108-49705-3 Hardback £85.00 / US$110.00 C
European Societies, Migration, and the Law The ‘Others’ amongst ‘Us’
Edited by Moritz Jesse | Universiteit Leiden Immigrants and immigration are increasingly represented as a threat to welfare, traditions, and culture, despite an understanding that immigration is needed in Europe. This book looks at immigration and asylum legislation and policies in Europe to establish how far othering, stigmatization, and exclusion are the result of official policies. • Cross-border, EU wide, comparative analysis of law and policies seeking to govern immigration • Charts asylum and immigration measures which – consciously or not – exclude, stigmatize, and ‘other’ immigrants or particular groups of immigrants in Europe • Analyses how political speech influences adoption, adaptation, application, and interpretation of immigration regulation November 2020 228 x 152 mm c.288pp 978-1-108-48768-9 Hardback £85.00 / US$110.00 C
Rory O’Connell | Ulster University This book appeals to academics, students and the general public interested in how the European Court of Human Rights understands democracy in Europe. It provides arguments for those concerned with the limitations of liberal representative democracy and seeking to support more deliberative, participatory and inclusive democratic practices. • Discusses the European Convention on Human Rights in the context of democratic theories and will appeal to those interested not just in the black letter of the European Convention law but also wider theoretical debates • Features a detailed presentation of case law on political and electoral rights that will provide readers with an in-depth understanding of multiple issues relating to the political process as seen through the lens of the European Convention on Human Rights • Discusses the potential for more deliberative, participatory and inclusive models of democracy November 2020 228 x 152 mm 350pp 978-1-107-03507-2 Hardback £75.00 / US$99.99 C
Europe’s Second Constitution Crisis, Courts and Community
Markus W. Gehring | University of Cambridge The process of European constitutionalisation has met with scepticism in current national legal and political spheres and in European circles of public opinion. Examining these concerns, this book reveals a widespread misunderstanding of constitutional federalism which permeates the Member State courts, popular media, and many academic communities. • Provides in-depth analysis of the case law of the Court of Justice of the
EU • Reviews the EU through a constitutional/federal lens • Highlights obstacles and opportunities for further integration in Europe towards a ‘Second Constitution’
Cambridge Studies in Constitutional Law, 24
September 2020 228 x 152 mm c.350pp 1 b/w illus. 2 tables 978-1-108-48796-2 Hardback £85.00 / US$110.00 C
The Currency of Solidarity Constitutional Transformation during the Euro Crisis
Vestert Borger | Universiteit Leiden This book examines the informal constitutional change – or transformation – of the European Union during the euro crisis and the interaction between political leaders and the European Court of Justice in its materialization. It is essential material for scholars or practitioners dealing with EU constitutional law and the single currency. • Analyses the unity between the member states through the lens of solidarity • Reveals how the preservation of this unity during the euro crisis led to a constitutional transformation of the EU • Examines the key manifestations of this transformation and the interaction between political leaders and the ECJ in their materialisation
Cambridge Studies in European Law and Policy
October 2020 228 x 152 mm c.400pp 978-1-108-83636-4 Hardback £95.00 / US$125.00 C
The Boundaries of the EU Internal Market Participation without Membership
Marja-Liisa Öberg | Lunds Universitet, Sweden This book provides an in-depth analysis of the practice of third country participation in the European Union’s internal market and the legal conditions under which the exporting of the internal market acquis can effectively take place. It will be of interest to academics, students, practitioners and policy-makers. • Conceptualises the practice of exporting the EU internal market acquis to third countries outside the enlargement process • Analyses the practice of expanding the internal market without enlarging the Union from a European perspective • Examines four multilateral agreements as case studies on the practice of expanding the internal market via exporting the internal market
Cambridge Studies in European Law and Policy
November 2020 229 x 152 mm c.304pp 978-1-108-49972-9 Hardback £85.00 / US$110.00 C
Algo Bots and the Law Technology, Automation, and the Regulation of Futures and Other Derivatives
Gregory Scopino | Georgetown University, Washington DC The markets for derivatives are extremely important to the financial system, yet many people are unfamiliar with their influence on the global economy. Demystifying these markets, Gregory Scopino explores how the dramatic transition from human-centered trading to automated systems and artificial intelligence poses challenges to market oversight. • Provides an overview of the primary aspects of financial technology (FinTech), equipping readers to become conversant about recent innovations • Explains how longstanding legal doctrines used to govern financial markets apply to new technologies • Outlines how people and firms are currently using artificial intelligence for derivatives October 2020 228 x 152 mm 250pp 978-1-107-16479-6 Hardback £94.99 / US$125.00 P 978-1-316-61653-6 Paperback £34.99 / US$44.99 P
Richard Gaskins | Brandeis University, Massachusetts A fresh introduction to the ICC through immersion in the first three trials, where legal rules met the surprising complexities of central African armed conflicts. Intended for specialists as well as students of global justice, it explores legal dynamics in broad engagement with cultural difference, moral ideals, and political realities. • Provides in-depth analyses of the only three trials completed thus far by the new International Criminal Court • Contrasts real-world social and cultural patterns with narrowed set of facts introduced in courtroom evidence • Offers a balanced view on how courtrooms seek a middle path between moral idealism and practical politics November 2020 228 x 152 mm c.225pp 978-1-108-48801-3 Hardback £85.00 / US$110.00 C
Transition and Coherence in Intellectual Property Law Essays in Honour of Annette Kur
Edited by Niklas Bruun | Hanken School of Economics (Finland) This volume is for students and scholars of intellectual property law, practitioners seeking creative arguments from across the field, and policymakers searching for solutions to changing social and technological issues. The book explores the tensions between two fundamentally competing demands made of IP law. • Addresses a range of pressing topics from across IP law • Features contributions from 45 leading academics from around the world • Identifies possible transcendental features of IP law
Cambridge Intellectual Property and Information Law, 55
October 2020 228 x 152 mm c.450pp 978-1-108-48460-2 Hardback £95.00 / US$125.00 C
Shyamkrishna Balganesh | University of Pennsylvania Law School This volume is a guide for scholars, policymakers, attorneys, teachers, judges, and students interested in the theories, policies, and doctrines of copyright law. Featuring experts from around the world, the handbook offers a systematic, comparative study of copyright in major jurisdictions including the United States, the European Union, and China. • Analyzes how copyright law interacts with other aspects of countries’ legal and regulatory landscapes • Provides readers with an understanding of the theoretical foundation of copyright limitations • Examines how global discussions of copyright exceptions can address recent technological developments
Cambridge Law Handbooks
October 2020 253 x 177 mm c.550pp 978-1-108-48304-9 Hardback £160.00 / US$210.00 R
The Cambridge Handbook of International and Comparative Trademark Law
Edited by Irene Calboli | Texas A&M School of Law This volume describes and critically analyzes the international and regional frameworks of trademark law. A valuable resource for scholars, practitioners, and policy-makers, the book also provides comparative perspectives on substantive issues in trademark law and related fields, such as geographic indications, advertising law, and domain names. • The first book to systematically address the legal protection of trademarks from a comparative perspective across multiple jurisdictions • Offers a comprehensive review of the history and development of trademark law from the first multilateral treaties to today’s free trade agreements • Presents national examples of trademark law and reviews these in a comparative context
Cambridge Law Handbooks
September 2020 253 x 177 mm 680pp 14 b/w illus. 1 table 978-1-108-42309-0 Hardback £190.00 / US$250.00 R
Feminist Judgments Rewritten Employment Discrimination Opinions
Edited by Ann C. McGinley | University of Nevada, Las Vegas This book is for scholars and students interested in employment law and feminism. It will provide readers with a new way to think about the law of employment discrimination, and how feminist perspectives might lead to a reimagined workplace that is more welcoming and prosperous for marginalized workers. • Uses feminist theories and an intersectional approach to rewrite important cases in employment discrimination law, examining not only sex and gender but also race and religion • Employs commentaries before each rewritten case that explain how the rewritten cases differ from the original and how the rewritten case would have changed the law • Examines stereotypes, masculinities theory, and the role of implicit bias in discrimination
Feminist Judgment Series: Rewritten Judicial Opinions
October 2020 228 x 152 mm c.504pp 978-1-108-49317-8 Hardback £89.99 / US$120.00 P 978-1-108-71740-3 Paperback £29.99 / US$39.99 P
After the Digital Tornado Networks, Algorithms, Humanity
Edited by Kevin Werbach | University of Pennsylvania Wharton School of Business Once a seemingly unambiguous benefit to society, the internet is now the basis for invasions of privacy, massive concentrations of power, and manipulation. Featuring leading technology scholars, this collection examines the challenges of building networks and algorithms that benefit humanity. This title is also available as Open Access on Cambridge Core. • Presents a coherent framework for understanding diverse issues relating to law, policy, and ethics of emerging technology • Features parts of the original 1997 ‘Digital Tornado’ paper that provides insightful historical context for today’s challenges • This title is also available as Open Access on Cambridge Core July 2020 228 x 152 mm c.320pp 978-1-108-42663-3 Hardback £85.00 / US$110.00 C
The Cambridge Handbook of the Law of Algorithms
Edited by Woodrow Barfield | University of Washington Featuring thirty-five chapters from US, EU, and Asian scholars, this volume explores how algorithms are not only challenging current law, but also the foundations of society itself. The book’s interdisciplinary approach makes it a key resource for scholars of law, information and computer science, and engineering, as well as legislators. • Presents case law, statutes, and legislative discussion in one comprehensive format • Discusses how algorithms are affecting all aspects of society, from criminal law issues to free speech and discrimination law • Offers up-to-date solutions on how to address the challenges stemming from the use of artificial intelligence and algorithms November 2020 253 x 177 mm c.500pp 978-1-108-48196-0 Hardback £200.00 / US$260.00 R
Feminist Judgments Rewritten Trusts and Estates Opinions
Edited by Deborah S. Gordon | Drexel University, Philadelphia This book analyzes estates and trusts cases through a feminist lens to demonstrate how the law has limited the property rights of women and other marginalized groups. This book will be useful to law students learning to read cases and to anyone else interested in understanding ways in which the law has been applied inequitably. • Focuses on eleven important trusts and estates cases that have helped define this field of law • Offers diverse perspectives in regards to race, gender, sexual orientation, and socio-economic status • Contains both the original and rewritten opinion to allow readers to analyze the cases critically
Feminist Judgment Series: Rewritten Judicial Opinions
September 2020 228 x 152 mm c.250pp 978-1-108-49511-0 Hardback £84.99 / US$110.00 P 978-1-108-81695-3 Paperback £27.99 / US$34.99 P
Law and the Party in Xi Jinping’s China Ideology and Organization
Edited by Rogier J. E. H. Creemers | Universiteit Leiden This book is aimed at legal and political scholars and professionals. It will provide them with a coherent explanation of how law is conceived within its ideological context, and how the Chinese Communist Party uses it as part of its governance toolkit. • The first legal study of China that explicitly embeds law in the Partystate framework that will enable lawyers and politics scholars to better grasp its intricate architecture • Explores the role of Party ideology in the legal system, drawing attention to the importance of indigenous Party thought, and provides a framework for understanding Chinese law in the Xi Jinping era • Explores the implications of ideology and organisation in a number of case studies to ensure the book contains vivid examples of its ideas in practice, as well as theory October 2020 228 x 152 mm c.250pp 978-1-108-83635-7 Hardback £85.00 / US$110.00 C
Global Pro Bono Causes, Context, and Contestation
Edited by Scott L. Cummings | University of California, Los Angeles With pro bono initiatives identified in over 80 countries, now is a critical time to assess the growing importance of pro bono in civil justice systems. This book examines the forces shaping – and the contestation surrounding – its development within and across national contexts and is essential reading for those seeking to advance access to justice. • Approaches pro bono’s global development comparatively and transnationally, covering over twenty countries across five continents for a unique comparative dataset and first-ever analysis of pro bono’s contested global role in access to justice • Focuses empirically on a range of factors shaping pro bono’s development within and across countries • Envisions the consequences of pro bono’s global development, including who does pro bono, who benefits from pro bono, and how pro bono’s development has affected access to justice policies July 2020 229 x 152 mm c.350pp 4 b/w illus. 15 tables 978-1-108-47615-7 Hardback £85.00 / US$110.00 C
Privacy at the Margins
Scott Skinner-Thompson | University of Colorado Law School Scott Skinner-Thompson presents a vivid account of how privacy can serve as a tool of resistance and equality worthy of constitutional protection. Examining how the lives of minority groups are uniquely harmed by surveillance regimes, this book shows how even limited privacy can enhance lives at the margins in material ways. • Bridges the gap between social theory, surveillance studies, and legal doctrine • Reorients privacy from an inward facing, pre-political right, to an outward facing, direct form of political expression • Identifies specific, interconnected legal barriers preventing privacy protections for marginalized communities October 2020 228 x 152 mm 250pp 978-1-107-18137-3 Hardback £74.99 / US$99.99 P 978-1-316-63263-5 Paperback £24.99 / US$32.99 P
Toward a New Legal Common Sense Law, Globalization, and Emancipation
Third edition Boaventura de Sousa Santos | University of Wisconsin, Madison This book is about common sense and it takes us on a journey from the exhaustion of the paradigm of classical science and modernity to the necessary construction of utopias via a detailed analysis of legal institutions and theorizing over several hundred years. • Provides examples of inter-disciplinary and multi-disciplinary science in action • An updated third edition, with a new preface and a path breaking chapter untitled: can law be emancipatory? • Traces the historical process by which both modern science and modern law have lost the balance between social regulation and social emancipation
Law in Context
October 2020 228 x 152 mm 600pp 3 b/w illus. 2 tables 978-1-107-15784-2 Hardback £89.99 / US$115.00 P 978-1-316-61045-9 Paperback £29.99 / US$39.99 P
Film and Constitutional Controversy Visualizing Hong Kong Identity in the Age of ‘One Country, Two Systems’
Marco Wan | The University of Hong Kong Using Hong Kong as a case study, this book argues that film can show us how constitutional controversies impact upon cultural identity, a crucial dimension overlooked in conventional legal analysis. Provides new interpretations of key constitutional issues and films. Draws upon author’s background in both legal and literary/cultural studies. • Demonstrates how a genre as seemingly remote from law as film can further our understanding of constitutional disputes • Investigates the links between cultural identity and the rule of law in the Hong Kong context, furthering our knowledge of the relationship between law and cultural identity • Provides historically-grounded and nuanced interpretations of film texts and enables readers to appreciate film from a renewed and renewing perspective
Law in Context
October 2020 228 x 152 mm c.300pp 978-1-108-49577-6 Hardback £85.00 / US$110.00 C 978-1-108-79776-4 Paperback £27.99 / US$36.99 C
TEXTBOOK PREVIOUSLY ANNOUNCED
Principles of Tort Law
Second edition Rachael Mulheron | Queen Mary University of London This book does what it ‘says on the tin’ – stating the corpus of tort law as a body of principles. Undertaken for the first time in English tort law, this book describes the law of tort concisely, accessibly, and accurately, and with both depth and detail. • Principles-based exposition of each tort allows for simple, clear and accurate explanation of the law of each tort, while ‘nutshell’ analyses at the beginning of each chapter provide students with a summary of the preconditions, elements, defences and remedies associated with each tort • Summaries of those cases which support the principles encompassed in the book include concise outlines of their facts, verdicts and key reasoning • Use of comparative boxes highlights those areas where English law has trodden a variant path from the views which other jurisdictions may have adopted in relation to a particular issue in tort law • Written not only for students, but for practitioners, litigants, policymakers and law reformers seeking an accurate understanding of the law Contents: Foreword to the first edition; Preface to the second edition; How to use this book; Table of cases; Table of legislation; List of abbreviations; Notes on mode of citation; 1. The role of modern tort law; Part I. Negligence: 2. Duty I – general principles governing duty of care; 3. Duty II – particular duty scenarios; 4. Duty III – pure economic loss; 5. Duty IV – pure psychiatric injury; 6. Breach I – the standard of care; 7. Breach II – proving negligence; 8. Causation of damage; 9. Remoteness of damage; 10. Defences; 11. Remedies; Part II. Specific Negligence Regimes: 12. Occupiers’ liability; 13. Public authority liability; Part III. Other Selected Torts: 14. Trespass to the person; 15. Defamation; 16. Private nuisance; 17. The rule in Rylands vs Fletcher; Part IV. Miscellaneous: 18. Vicarious liability; Index. October 2020 246 x 189 mm c.1000pp 978-1-108-72764-8 Paperback £39.99 / US$55.99 X
Feminist Judgments: Rewritten Tort Opinions
Edited by Martha Chamallas | Ohio State University This volume of rewritten torts opinions exposes how courts often distort conventional legal doctrine when deciding cases involving genderrelated harms. It will make students, lawyers, and judges who build arguments and apply tort doctrine more aware of inequalities of race, gender, class, sexual orientation and identity. • Provides examples of rewritten torts opinions from feminist perspectives to allow readers to envision transformation of tort law from feminist perspectives • Critiques judicial opinions that undervalue gender-related interests and injuries, demonstrating gender bias in major areas of tort law • Offers examples of strategies and techniques to reform tort law to suggest potential concrete changes in tort law to make it more equitable
Feminist Judgment Series: Rewritten Judicial Opinions
November 2020 228 x 152 mm c.500pp 978-1-108-48429-9 Hardback £120.00 / US$150.00 P 978-1-108-70624-7 Paperback £37.99 / US$49.99 P
