Recent Acquisitions

Transition throughout the divorce process is a critical time when both spouses need the most help to understand the pros and cons of financial options, how to set priorities, and when to reach a settlement with confidence. Money and Divorce: The Essential Roadmap to Mastering Financial Decisions will help anyone make informed and intelligent choices concerning financial issues in divorce. The book explains the fundamentals--illustrating how to set goals, deal with finances, navigate the legal process, and protect against unforeseen events.

Focusing on clinical legal education at the Domestic Violence Institute at the Northeastern University School of Law, Britt takes a case-study approach to illuminate how challenging the context, aims, and forms of advocacy traditionally embraced in the U.S. legal system produces better support for victims of domestic violence. She analyzes a wide range of materials and practices, including the pedagogy of Law School training programs, interviews with advocates, and narratives written by students in the emergency department, and looks closely at the forms of rhetorical education through which students assimilate advocacy practices. By examining how students learn to listen actively to clients and to recognize that clients have the right and ability to make decisions for themselves, Britt shows that rhetorical education can succeed in producing legal professionals with the inclination and capacity to engage others whose values and experiences diverge from their own. By investigating the deep relationship between legal education and rhetorical education, Reimagining Advocacy calls for conversations and action that will improve advocacy for others, especially for victims of domestic violence seeking assistance from legal professionals.

Decriminalizing Domestic Violence asks the crucial, yet often overlooked, question of why and how the criminal legal system became the primary response to intimate partner violence in the United States. It introduces readers, both new and well versed in the subject, to the ways in which the criminal legal system harms rather than helps those who are subjected to abuse and violence in their homes and communities, and shares how it drives, rather than deters, intimate partner violence. The book examines how social, legal, and financial resources are diverted into a criminal legal apparatus that is often unable to deliver justice or safety to victims or to prevent intimate partner violence in the first place. Envisioned for both courses and research topics in domestic violence, family violence, gender and law, and sociology of law, the book challenges readers to understand intimate partner violence not solely, or even primarily, as a criminal law concern but as an economic, public health, community, and human rights problem. It also argues that only by viewing intimate partner violence through these lenses can we develop a balanced policy agenda for addressing it. At a moment when we are examining our national addiction to punishment, Decriminalizing Domestic Violence offers a thoughtful, pragmatic roadmap to real reform.

This new book, edited by Forrest S. Mosten and Adam Cordover, puts the spotlight on the wisdom and practice-derived insights of 25 authors who command vast experience in the trenches of their Collaborative practices. The book is an essential guide to convert a passion and commitment to peacemaking into the successful business of providing a respectable, dignified family law practice.

Family issues are among the most sensitive and pressing matters that enter our civil justice system, and the outcomes of these cases can affect entire families for years to come. This important new book provides a crucial step forward in matching individuals with the family law services they need.

How to Build and Manage a Family Law Practice helps you understand the specialized skills and knowledge necessary to build and manage a successful and rewarding practice. It takes a no-nonsense, nuts-and-bolts approach in explaining the most critical issues for developing a thriving family law practice. You'll benefit from the author's experience as he shares a wealth of tips, techniques, forms, and checklists that will help shorten the learning curve for lawyers just starting out in family law and enhance the knowledge of those with established legal practices. Through examples and explanations, this book reveals how the practitioner can gain practical experience in the area, understand the specialized business aspects of a family law practice, develop and maintain the ideal client mix, and manage staff, cases, and finances. It also includes access to appendices of sample documents that can be downloaded.

Pet Law and Custody provides legal and ethical information on how the law affects pets with pertinent case law analysis. The book takes an in-depth look at the subject of pet custody disputes from many angles. Not only explaining legal topics, such as what judges do in a practical way and how they might approach a case, the book also considers how cultural perspectives, cognitive biases, and points of view impact negotiations, alternative dispute resolutions, and decision-making processes.

The well-being of children should be a social priority, and should consider the family circumstances into which children are born. Putting Children's Interests First in U.S. Family Law and Policy details the rise of a federal policy of 'sexual expressionism', which prioritizes adults' interests over children's welfare. It describes the costs to children in the areas of family structure and stability, and the federal programs attempting to ameliorate the situation of non-marital children. Offering a detailed empirical and ethical critique both of 'sexual expressionism' and of the related federal programs, this study will be of interest to scholars and activists supporting children, women and the poor.

In many US courts and internationally, family law cases constitute almost half of the trial caseload. These matters include child abuse and neglect and juvenile delinquency, as well as divorce, custody, paternity, and other traditional family law issues. In this book, the authors argue that reforms to the family justice system are necessary to enable it to assist families and children effectively. The authors propose an approach that envisions the family court as a "care center," by blending existing theories surrounding court reform in family law with an ethic of care and narrative practice. Building on conceptual, procedural, and structural reforms of the past several decades, the authors define the concept of a unified family court created along interdisciplinary lines -- a paradigm that is particularly well suited to inform the work of family courts. These prior reforms have contributed to enhancing the family justice system, as courts now can shape comprehensive outcomes designed to improve the lives of families and children by taking into account both their legal and non-legal needs. In doing so, courts can utilize each family's story as a foundation to fashion a resolution of their unique issues. In the book, the authors aim to strengthen a court's problem-solving capabilities by discussing how incorporating an ethic of care and appreciating the family narrative can add to the court's effectiveness in responding to families and children. Creating the court as a care center, the authors conclude, should lie at the heart of how a family justice system operates. The authors are well-known figures in the area and have been involved in family court reform on both a US national and an international scale for many years.

Family law matters are intimate, personal and touch upon people's most private treasures and issues. This perspective directly affects all aspects of domestic relations, including appellate practice. Serving as a practical guide on whether to appeal a family court decision, and then how to proceed with the appeal, this is a valuable resource for both the newer and more seasoned family lawyer, and it fills a void in the literature by focusing on the unique issues involved in appealing a family law case.

Learn the tips and techniques that leading family lawyers have developed to help make their legal practice more effective. This popular compendium takes this practice-tested knowledge and distills it into an array of concise tips focused on family law. This information-packed guide is organized in 15 categories, including custody, fees, taxes, discovery, valuation, premarital agreements, settlement, trial tactics, and post-divorce issues.

By weaving together law, feminist theory, and history, author Tracy A. Thomas explores Stanton's little-examined philosophies on and proposals for women's equality in marriage, divorce, and family, and reveals that the campaigns for equal gender roles in the family that came to the fore in the 1960s and '70s had nineteenth-century roots. Using feminist legal theory as a lens to interpret Stanton's political, legal, and personal work on the family, Thomas argues that Stanton's positions on divorce, working mothers, domestic violence, childcare, and many other topics were strikingly progressive for her time, providing significant parallels from which to gauge the social and legal policy issues confronting women in marriage and the family today.

The Complete Guide to Divorce Practice: Forms and Procedures for the Lawyer, Fifth Edition is a solid resource for all lawyers, whether for those just starting out or for those who want to build up their document library. It is a proven system that provides a winning strategy for family law practices. This complete divorce practice system can easily be customized to fit each jurisdiction and case, providing over 500 documents to efficiently take clients through every step of the divorce practice. Content includes forms, checklists, worksheets, formal motions, orders, pleadings, agreements, and letters.

Now completely revised and significantly expanded, The Military Divorce Handbook continues to be the go-to resource for understanding the issues involved and effectively representing military personnel and their spouses in domestic situations--divorce, separation, custody, support, and division of property. This timely and much-needed addition to a family lawyer's library is both comprehensive and practical, covering all aspects of representing service members and their spouses in divorce in an accessible, easy-to-use format.

Legally Straight offers a critical reading of the legal debates over lesbian and gay marriage in the United States. The book draws on key judicial opinions to trace how our understanding of heterosexuality and marriage has changed. Upon closer inspection, it seemed that the cultural value of marriage was becoming tarnished and the trouble appeared to center on one very specific issue: reproduction. As opponents of lesbian and gay marriage emphasized the link between marriage and accidental pregnancy, the evidence mounted, the arguments proliferated, and resistance began to turn against itself. Heterosexuality, it seemed for a moment, was little more than a set of palliative prescriptions for the worst of human behavior, and children became the victims. It thus became the province of the courts to reinforce the cultural value of marriage by resisting what came to be known as the "procreation argument," the assertion that marriage exists primarily to regulate the unruly aspects of heterosexual reproduction. Cultural conceptions of children and childhood were being put at risk as gays and lesbians were denied marriage, so that writing lesbian and gay families into the marriage law became the better option.

How does collaboration between attorneys and parenting evaluators really work, and how can this important process become more effective and efficient? Written by a family lawyer and a psychologist/parenting evaluator, this insightful book assists both the attorney and mental health professional working on family law cases better understand each other’s roles and objectives. The collaboration of these two professionals is often essential for having a family law case proceed. Throughout each of the book’s four sections, the authors provide tips as quick reference guides for attorneys. In addition, there are ten appendices of sample forms included with the book and available online for download. These forms include a sample order appointing a PE, questionnaires, fee statement, structured child interview, and more.

The need to repair damaged relationships that have occurred between a parent and a child is one of the biggest and most salient issues before the family courts today. This thoughtful and detailed guide helps family lawyers and related professionals understand and aid in the process of reconnecting parents and children who have had their relationship damaged by family matters. Family courts are increasingly looking at ways to reconnect parents and children whose relationships have been damaged over time. "Reunification Therapy" or "Reunification Counseling" are two common terms for procedures that are applied in attempts to reconnect a parent and a child. There can be a high level of frustration by judges, parents, and children as various procedures are implemented. Attorneys often must agree to Reunification Therapy on behalf of their clients without having clear guidelines in terms of goals, plans, methods, timelines, and defined measurable outcomes.

Author Daniel J. Hynan, Ph.D., ABAP, considers everything from ongoing controversies to empirical research to practical yet crucial considerations in the day-to-day lives of families. Accessible to professionals with all levels of experience in the area, this book integrates practical considerations about parenting plans with scientifically based and professional information. It begins by describing many of the controversies in the parenting plan arena, then provides a description of the foundation for building a good parenting plan.

Children are the central focus in any custody case, but all too often attorneys, judges, and parents can lose sight of this. This book focuses on the means that allows the child’s voice to be heard-- the appointment of a child's attorney. With the questions this raises about why to listen to the child, how to solicit the child's opinion, and what issues this may cause, this handbook presents a logical framework for addressing those questions and providing the most productive answers.

Age-related issues, including diminished capacity, can be a significant indicator of the potential vulnerability of a client to undue influence, and also an indicator that our population as a whole is aging. Elder abuse has been called "the crime of the 21st century." Undue influence is a form of financial abuse of the elderly, with the large number of reported cases and estimated $1.17 billion in damages just the tip of the iceberg. Looking at the topic from a legal perspective, Undue Influence and Vulnerable Adults addresses both the role and the importance of the attorney when representing a vulnerable adult. The book’s authors, who each command extensive experience in the area, explain the relevant considerations and provide strategies when litigation is required. Their practical and legal advice on issues will assist planners identify issues and then create effective plans for vulnerable adults that may better withstand attack.

Now revised and expanded, The Family Lawyer's Guide to Bankruptcy is a valuable and concise resource for understanding the sweeping changes to the Bankruptcy Code as it affects divorce and divorcing parties. The Bankruptcy Abuse Prevention and Consumer Protection Act of 2005 (BAPCPA) made a bankruptcy filing substantially more difficult and eliminated some of the benefits that were available. However, the root causes for the filing of bankruptcy remain: about a quarter of all bankruptcy cases are caused by divorce, often due to the costs of maintaining two households on a single salary, uncovered medical expenses, failing businesses, and job loss. Therefore, there are still situations in a divorce case where a bankruptcy case may be beneficial to both spouses. Extensive appendices provide invaluable forms and resources for the family lawyer with handling a case where a bankruptcy is involved.

Whether you work with Qualified Domestic Relations Orders (QDROs) frequently or only occasionally, The Complete QDRO Handbook is a must-have for your library. This popular resource provides a basic knowledge of all aspects of the substantive law of QDROs, with step-by-step explanations and discussion of advanced techniques for all stages of the drafting and approval process. This edition also includes sample language and clauses with commentary, as well as model letters, forms, interrogatories, and checklists.

The U.S. Children’s Bureau identified inadequate representation of children as a chief obstacle to achieving a well-functioning child welfare system. This practical guide shares findings from the National Quality Improvement Center on the Representation of Children in the Child Welfare System (QIC-ChildRep), a project of the University of Michigan Law School supported by the U.S. Children’s Bureau. Lawyers trained in the Six Core Skills of the QIC Best Practice Model improved process and outcomes for children. The book identifies the practice model, its six core skills, improved child outcomes, and more.

This is a unique family law resource, reflecting the real-world issues that are critical for working with child clients in dependency and family court settings. The authors--a psychologist who has worked with children since the mid-1980s, and an attorney who almost exclusively represents children in dependency court matters--recognize that lawyers who represent children must understand them, the system in which they are engaged, the services available to them, the schools they attend, their ethnic and cultural issues, their special needs, the legal issues they face outside of family and juvenile courts, and more.

When a loved one with mental illness comes into contact with the law, trying to advocate for them can be an overwhelming and frustrating endeavor. Mental illness adds a layer of complexity to legal processes, and the justice system can be downright bewildering, even for the most well-intentioned. Family Guide to Mental Illness and the Law offers the nuts-and-bolts legal information and problem-solving steps families need. This accessible resource explains how common legal issues uniquely impact people with various forms of mental illness and what family members can do to help. Readers will learn how to: help protect a loved one's job, housing, or medical care; participate in hearings about guardianship, involuntary commitment, bankruptcy, and more; assist in making financial arrangements; navigate federal laws surrounding the Family and Medical Leave Act, HIPAA, disability claims, and workers' compensation; and, steer criminal proceedings away from jail and toward treatment. Beyond the legal system, this book also guides readers in interacting with officials and authorities, lobbying for better laws, and working with local governments towards improving policies that affect those with mental illness.

Now fully updated, this is a much-needed resource to the significant changes to the law and practice of assisted reproduction (ART) since the prior edition. Drawing from multiple legal sources, including the ever-evolving number of court decisions dealing with various aspects of ART, this book presents complex information in a direct, balanced and fair manner. The authors explain the reproductive technology options available with relevant state statute summaries, discuss standards of care, evolving technologies, and more. The book also considers contracts and documents for ART as well as the ABA’s Model Acts Governing Assisted Reproductive Technology.

Cross examination can make or break your case, making it the most lethal double-edged sword in the trial lawyer’s arsenal. In Cross Examination: A Primer for the Family Lawyer, veteran family lawyer Stephen Gassman explains how to improve and enhance your skill at cross examination to advance your case. He looks at cross examination as a communication and persuasion contest involving the lawyer, the witness, and the trier of fact, and explains how effective cross examination skills can advance your cause while also weakening the position taken by the opposing side.

This updated edition of one the ABA's most popular resources explains the practice of forensic accounting and business valuation and how to apply it in family law cases. It provides a practice-focused introduction to the core financial concepts in divorce, such as asset identification, classification, and valuation, income determination, expenses, and more.

Every year, numerous crimes occur involving child eyewitnesses. But how reliable is child eyewitness evidence? This book summarises the research on how well children can describe an event and perpetrator and how well they can identify the perpetrator. It shows that although children may be less advanced in these skills than adults, they nonetheless can provide invaluable evidence.

In this penetrating critique tracing how under-regulated trading between European and U.S. banks led to the 2008 financial crisis, Tamim Bayoumi is the first to explain how the Euro crisis and U.S. housing crash were, in fact, parasitically intertwined. Starting in the 1980s, Bayoumi outlines the cumulative policy errors that undermined the stability of both the European and U.S. financial sectors, highlighting the catalytic role played by European mega banks that exploited lax regulation to expand into the U.S. market and financed unsustainable bubbles on both continents. U.S. banks increasingly sold sub-par loans to under-regulated European and U.S. shadow banks and, when the bubbles burst, the losses whipsawed back to the core of the European banking system. A much-needed, fresh look at the origins of the crisis, Bayoumi's analysis concludes that policy makers are ignorant of what still needs to be done both to complete the cleanup and to prevent future crises.

This book explores the role of law and regulation in sustaining financial markets in both developed and developing countries, particularly the European Union, United States and China. The central argument of this book is that law matters for the operation of financial markets, which, in turn, significantly influences the performance of firms, industries, and economies. By comparing the regulatory philosophies and practices of the EU, the US and China, this book will help the reader to understand the diverse nature of the global 'law and finance' nexus and avoid succumbing to the myth of "one size fits all".

The U.S. population is aging and most professionals will encounter more and more clients who are seniors. Working with Aging Clients provides practical insights and strategies to help lawyers, business, and financial professionals address aging biases and successfully accommodate the needs of this growing clientele. This book also places a special focus on financial elder abuse as well as the capacity of financial decision making for seniors. The author provides shrewd techniques to guide professionals in identifying, preventing or simply stopping financial elder abuse.

Private online digital currency systems offer people accessible, convenient, and inexpensive everyday financial tools outside of traditional bank-owned and operated platforms. Digital currency systems facilitate local and international fund transfers, online and offline payments, and simple cash-to-digital everyday financial products without the need for a conventional bank account of any retail bank product. The author profiles new and innovative present day digital currency systems, such as Bitcoin, and illustrates how software designers and monetary theorists use new technology to circumvent current U.S. regulations. This work also explains how new digital currency systems are not just software products, but tools providing financial freedom to people in countries all around the world.

The Fourth Edition of Financial Institution Bonds represents the most current and comprehensive analysis of the essential "desk reference" for the fidelity industry. Since the last edition of this book was published in 2008, there have been significant developments in the case law construing and applying the financial institution bond in both its standard and various manuscript forms and policy forms. New chapters in this edition address what is arguably the hottest topic of the day -- electronic crime claims and the associated coverage forms, and it now addresses each and every key provision in the Standard Form Financial Institution Bond.

This updated edition of one the ABA's most popular resources explains the practice of forensic accounting and business valuation and how to apply it in family law cases. It provides a practice-focused introduction to the core financial concepts in divorce, such as asset identification, classification, and valuation, income determination, expenses, and more.

Given the economy structures of all countries in the region with low saving capacity, South America largely depends on foreign direct investments for its development and growth. Written by experts in each country, this book discusses the legal environment for investments in infrastructure in the ten major countries in South America: Argentina, Bolivia, Brazil, Chile, Colombia, Ecuador, Paraguay, Peru, Uruguay, and Venezuela. The chapters focus on the national regulations that affect the lives of companies aiming to set up operations in these countries, including the regulatory framework.

The global financial and economic crisis which started in 2008 has had devastating effects around the globe. It has caused a rethinking in different areas of law, and posed new challenges to regulators and private actors alike. One of the emerging issues is the apparent eclipse of boundaries between different legal disciplines: financial and corporate lawyers have to learn how public law instruments can complement their traditional governance tools; conversely, public lawyers have had to come to understand the specificities of the financial markets they intend to regulate. While commentary on financial regulation and the global financial crisis abounds, it tends to remain within disciplinary boundaries. This volume not only brings together scholarship from different areas of law (constitutional and administrative law, EU law, financial law and regulation), but also from a variety of backgrounds (academia, practice, policy-making) and a number of different jurisdictions.

Following the dissolution of the Soviet Union in 1991, the Russian financial system was transformed from a centrally planned command economy to a market-based economy. With increasing business transactions and investment in Russia, implementing effective investment strategies and successful business relationships with (and between) Russian entities will require the ability to navigate the business laws of Russia. Written for attorneys, business professionals, government officials, academics, and the general public, Russia Corporate, Financial, and Commercial Law provides an authoritative legal resource on the Russian legal system, laws, rules, regulations, and court decisions. This book is the only legal reference to provide practical legal lessons, case studies and a detailed analysis for conducting business with Russia.

Since Bitcoin appeared in 2009, the digital currency has been hailed as an Internet marvel and decried as the preferred transaction vehicle for all manner of criminals. It has left nearly everyone without a computer science degree confused: Just how do you "mine" money from ones and zeros? The answer lies in a technology called blockchain, which can be used for much more than Bitcoin. A general-purpose tool for creating secure, decentralized, peer-to-peer applications, blockchain technology has been compared to the Internet itself in both form and impact. Some have said this tool may change society as we know it. Blockchains are being used to create autonomous computer programs known as "smart contracts," to expedite payments, to create financial instruments, to organize the exchange of data and information, and to facilitate interactions between humans and machines. The technology could affect governance itself, by supporting new organizational structures that promote more democratic and participatory decision making. Primavera De Filippi and Aaron Wright acknowledge this potential and urge the law to catch up. That is because disintermediation--a blockchain's greatest asset--subverts critical regulation. By cutting out middlemen, such as large online operators and multinational corporations, blockchains run the risk of undermining the capacity of governmental authorities to supervise activities in banking, commerce, law, and other vital areas. De Filippi and Wright welcome the new possibilities inherent in blockchains. But as Blockchain and the Law makes clear, the technology cannot be harnessed productively without new rules and new approaches to legal thinking.

European Health Law is the most authoritative guide to the subject. Written by leading experts in health law, this book offers an in-depth review of the main themes in European health law, from patients' rights and duties, the role of health professionals, and health care financing and rationing, to public health and health-related issues, such as occupational health and environmental health.

An Island Apart is a great resource to lawyers who practice international law and businesspeople dealing with the U.K. and the E.U. Many titles covering this topic focus on a micro-level on the behind-the-scenes political machinations and maneuvering in the build-up to the June 2016 Brexit referendum. An Island Apart looks at the subject from a more macro-European perspective, focusing on the failure of European legal and political institutions in the years leading up to the BREXIT vote, and attempts to put the historic decision into broader contexts for American readers.

This book, focusing on the history of religious and political thinking in early modern Russia, demonstrates that Russia's path toward enlightenment began long before Peter the Great's opening to the West. Examining a broad range of writings, G. M. Hamburg shows why Russia's enlightenment constituted a precondition for the explosive emergence of nineteenth-century writers such as Fedor Dostoyevsky and Vladimir Soloviev.

Human rights mechanism in South Asia provides an ideological framework for the establishment of a comprehensive human rights system in South Asia. The author uses a multi-disciplinary approach, bringing together law, religion, culture and contemporary political theories of regionalism.

What are the theoretical and practical issues relating to the intersection between domestic and international law? This important new book discusses how general theories, including monism and dualism, transpire in practice. The author examines several key areas: the rules relating to treaty making and the ratification of treatises, the doctrine of automatic incorporation and transformation, the direct effect of international norms in the domestic system, and a discussion of the principle of consistent interpretation. With a focus on the European Convention on Human Rights, the author concludes that, although traditional theories are still relevant, they fall short in grasping the complexity of the different ways in which the legislator and the courts have given effect to international law on the domestic level.

Designed for the general reader and students of law, this is a concise history and analysis of the civil law tradition, which is dominant in most of Europe, all of Latin America, and many parts of Asia, Africa, and the Middle East. The fourth edition is fully updated to include the latest developments in the field and to correct and update historical details gleaned from newly-published research on Roman and Medieval law. In the past ten years, the legal profession has changed radically, with the growing international ubiquity of large law firms operating across borders (which was previously a uniquely American phenomenon). This new edition updates the book from the post-Soviet era to ongoing current issues, including Brexit and the status of the European Union. It discusses how civil law codes have shifted in some countries to adapt to modern and changing ideologies and also includes brand-new material on legal education, which is of central importance to the legal profession today.

Tying together cultural history, legal history, and institutional economics, The Laws and Economics of Confucianism offers a novel argument as to why Chinese and English pre-industrial economic development went down different paths. The dominance of Neo-Confucian social hierarchies in Late Imperial and Republican China, under which advanced age and generational seniority were the primary determinants of sociopolitical status, allowed many poor but senior individuals to possess status and political authority highly disproportionate to their wealth. In comparison, landed wealth was a fairly strict prerequisite for high status and authority in the far more 'individualist' society of early modern England, essentially excluding low-income individuals from secular positions of prestige and leadership. Zhang argues that this social difference had major consequences for property institutions and agricultural production.

Dr. Delaram Farzaneh's groundbreaking book is the first comprehensive critique of Iran's gender-based discrimination against women from the various perspectives of domestic and comparative law, Islamic jurisprudence, and international human rights laws, within a historical context. The rights of women have gone through an undeniable evolution throughout Iran's long history as one of the world's oldest civilizations. Since the beginning of the 20th century alone, Iran has gone through three dramatic changes in the structure of its government, each with a direct and powerful impact on the legal and social status of women. Dr. Farzaneh relates the historical struggle of Iranian women against persistent social taboos and legal hurdles to acquire the most fundamental legal rights, beginning with ancient times through the Qājār and the Pahlavī Monarchy. She also analyzes the dramatic setbacks to women's rights after the 1979 Islamic Revolution that resulted in the re-imposition of discrimination against women on the ground of their "sex" throughout the entire Iranian legal system. Finally, Dr. Farzaneh presents a compelling analysis of the ban on women from judgeships in Iran. She explores how this ban is in violation of Iran's legal obligations under international human rights laws. She argues that the intentional banning of women from judgeships exemplifies the pervasive systematic discrimination against women in Iran, not just in equal participation in decision-making positions, but in all spheres of their lives.

Ivan Aleksandrovich Il'in (1883-1954) has become in post-Soviet Russia one of the most eminent legal philosophers of the twentieth century. This volume brings to an international readership for the first time what is perhaps the most impassioned and prescient work by a Russian jurist in support of the rule of law.

The second edition of Cross-Border Judicial Cooperation in Offshore Litigation (The British Offshore World) provides a practical insight into how six leading British offshore jurisdictions approach cross-border judicial cooperation. Although geographically small, the British territories of Bermuda, the British Virgin Islands, the Cayman Islands, Guernsey, Jersey and the Isle of Man are well established international financial centres. These six commercially significant jurisdictions are home to a vast array of commercial entities which conduct business throughout the world. There is growing concern over how the courts of these jurisdictions will cooperate with courts in other centres of commerce in responding to letters of request, enforcing foreign judgments, or assisting foreign liquidators. This book is the only publication to provide a detailed explanation of the law and practice in each of these six British territories and how each approaches the judicial cooperation issues of obtaining evidence for use in foreign proceedings, enforcing foreign judgments, and cross-border insolvency. It is edited by a commercial judge and two experienced commercial litigators with contributions from experts in each jurisdiction, all written from the perspective of the practitioner.

Law and Order in Anglo-Saxon England explores English legal culture and practice across the Anglo-Saxon period, beginning with the essentially pre-Christian laws enshrined in writing by King AEthelberht of Kent in c. 600 and working forward to the Norman Conquest of 1066. It attempts to escape the traditional retrospective assumptions of legal history, focused on the late twelfth-century Common Law, and to establish a new interpretative framework for the subject, more sensitive to contemporary cultural assumptions and practical realities. Tom Lambert elucidates a distinctively early medieval understanding of the tension between the interests of individuals and communities, and a vision of how that tension ought to be managed that, strikingly, treats strongly libertarian and communitarian features as complementary.

In Complexity's Embrace, international law practitioners and academics from the United Kingdom, Europe, Canada and the United States look beyond the rhetoric of "Brexit Means Brexit" and "no agreement is better than a bad agreement" to explain the challenges that need to be addressed in the diverse fields of trade, financial services, insolvency, intellectual property, environment, and human rights. The authors in this volume articulate, with unvarnished clarity, the international law implications of Brexit, providing policy makers, commentators, the legal community, and civil society with critical information they need to participate in negotiating their future within or outside Europe. Complexity's Embrace explores the many unprecedented questions about the UK's future trading arrangements.

This book examines the result of the 23 June 2016 UK referendum on leaving the EU where 51.9% of the eligible voters who voted chose to leave. Politicians and media have stressed not only that leave means leave, but also that much of the British voting public was motivated to vote leave by issues of immigration and border control. Guild investigates how the issue of EU citizenship became transformed into a discussion about immigration through four themes: the negotiations between the UK and the EU before the referendum; the nature of and difference between British and EU citizenship; the issue of third country national family members and the fears incited by the referendum in light of the rejection of expertise.

The Inter-American Court of Human Rights continues to build justiciability to determine the social rights of marginalized individuals and groups in the Americas. In this engaging book, Isaac de Paz González unveils the abilities, and the practices of the Inter-American Court's contribution to human rights policy in the Global South. This innovative book offers a thorough and complete examination of the Inter-American Court's jurisprudence over its forty years of existence, within the framework of Economic and Social Rights (ESR). The author offers a concise discussion of both the historic and landmark cases in regards to ESR, and its theoretical basis, as well as giving insight into how to further improve and protect the lives of the most vulnerable people in the Americas. This book also exposes the possibility of enforcing legal remedies for poverty and structural discrimination in order to seek social justice.

This two-volume set edited by James E. Berger serves as a comprehensive reference guide to practitioners, both in the U.S. and abroad, on the various issues that can arise when cross-border cases are litigated in U.S. courts. Topics covered include: a basic overview of the U.S. court system; concepts of subject matter and personal jurisdiction; concepts of forum and venue; governing law, and choice-of-law; discovery; judgment; arbitration; sovereign litigation, bankruptcy, and trade disputes.

The Handbook on Antitrust in Technology Industries is intended to serve as a comprehensive review and analysis of the application of antitrust law and principles to the technology industry, including software and hardware for computers, mobile and embedded devices, networking, and rapidly growing cloud-based industries such as social media.

Now, completely updated and revised for 2018, Foreign Corrupt Practices Act Handbook, Fifth Edition offers 50 new FCPA resolutions, including coverage of Brazil, Canada, China, India, Russia, and UK statutes. You’ll also find information on anti-bribery conventions; board of directors and management responsibilities; transaction issues and considerations; gifts, travel, lodging and entertainment; charitable donations and political contributions; and conducting and defending an FCPA Investigation. The book identifies all major FCPA risk areas and then presents thoughtful and practical advice for how companies can most effectively address these risks and conduct credible investigations.

This book is an important and comprehensive guide to the historical periods of Mexico: Aztec Empire; Conquest; Colonial; Independence; French Occupation; Post-French Occupation; Porfidio Diaz; Revolutionary; Post-Revolution Period; PRI; and Current. It covers the origins and legal basis of the laws (constitutional, criminal, civil, commercial, administrative), and the legal institution of each of the historical periods (executive, legislative, judicial), giving citations to all of the primary documents and secondary materials. This book also discusses the laws as written and as applied in the society of the time and mentions the important personages of each period with sources for further investigation.

The Cuban Civil, Commercial and Public Laws in English Translation is, as its name suggests, a collection of basic laws of Cuba - of current and of significant prior laws that have been repealed in recent years. This publication, in three volumes, is designed to provide access to a wide variety of Cuban laws in English translation.

Given the economy structures of all countries in the region with low saving capacity, South America largely depends on foreign direct investments for its development and growth. Written by experts in each country, this book discusses the legal environment for investments in infrastructure in the ten major countries in South America: Argentina, Bolivia, Brazil, Chile, Colombia, Ecuador, Paraguay, Peru, Uruguay, and Venezuela. The chapters focus on the national regulations that affect the lives of companies aiming to set up operations in these countries, including the regulatory framework.

Comprehensive and accessible, this book offers a concise synthesis of the evolution of the law in Western Europe, from ancient Rome to the beginning of the twentieth century. It situates law in the wider framework of Europe's political, economic, social and cultural developments. Offering a readily graspable and sound structure, chapters are organized according to the civil law systems and common law systems. Each chapter is built around the evolution of the four sources of the law: legal science, legislation, courts and customary law, set chronologically against the relevant historical context.

For the first time, author Mike Humphreys gathers together and translates certain texts of Byzantine legal scholarship, providing new insights into this crucial but murky eighth-century period.

Legal academics in Europe publish a wide variety of materials including books, articles and essays, in an assortment of languages, and for a diverse readership. As a consequence, this variety can pose a problem for the evaluation of academic legal research. This thought-provoking book offers an overview of the legal and policy norms, methods and criteria applied in the evaluation of academic legal research, from a comparative perspective. The expert contributions explore developments relating to professional versus academic publications, editorial review versus peer review, rankings of journals and law schools versus other reputation mechanisms and a range of other evaluation practices and their intended and unintended effects. Analyzing research evaluation practices across more than ten jurisdictions and multiple contexts, this insightful book reveals how evaluation practices differ across Europe. Through this analysis, the book exposes a range of possibilities for further debate and study.

This book analyses human rights in post-national contexts and demonstrates, through the case law of the European Court of Human Rights, that the Margin of Appreciation doctrine is an essential part of human rights adjudication. Current approaches have tended to stress the instrumental value of the Margin of Appreciation, or to give it a complementary role within the principle of proportionality, while others have been wholly critical of it. In contradiction to these approaches this volume shows that the doctrine is a genuinely normative principle capable of balancing conflicting values. It explores to what extent the tension between human rights and politics, embodied in the doctrine, might be understood as a mutually reinforcing interplay of variables rather than an entrenched separation. By linking the interpretation of the Margin of Appreciation doctrine to a broader conception of human rights, understood as complex political and moral norms, this volume argues that the doctrine can assist in the formulation of the common good in light of the requirements of the Convention.

This volume brings together nine chapters by specialist legal historians that address the topic of the scale and size of companies, in both legal and economic history. The bundled texts cover different periods, from the Middle Ages, the Early Modern Period, to the nineteenth century. They analyse the historical development of basic features of present-day corporations and of other company types, among them the general and limited partnership. These features include limited liability and legal personality. A detailed overview is offered of how legal concepts and mercantile practice interacted, leading up to the corporate characteristics that are so important today.

In the European Union, courts have been expanding the enforcement of intellectual property rights by employing injunctions to compel intermediaries to provide assistance, despite no allegation of wrongdoing against these parties. These prospective injunctions, designed to prevent future harm, thus hold parties accountable where no liability exists. Effectively a new type of regulatory tool, these injunctions are distinct from the conventional secondary liability in tort. At present, they can be observed in orders to compel website blocking, content filtering, or disconnection, but going forward, their use is potentially unlimited. This book outlines the paradigmatic shift this entails for the future of the Internet and analyzes the associated legal and economic opportunities and problems.

In times of the proclaimed refugee crisis this book aims to shed light on human rights and refugee law responsibilities of EU member states and other relevant actors when engaging in border control measures beyond the territory of the EU.

The subjects of Privacy and Data Protection are more relevant than ever with the European General Data Protection Regulation (GDPR) becoming enforceable in May 2018. This volume brings together papers that offer conceptual analyses, highlight issues, propose solutions, and discuss practices regarding privacy and data protection. It is one of the results of the tenth annual International Conference on Computers, Privacy and Data Protection, CPDP 2017, held in Brussels in January 2017.

The EU General Data Protection Regulation (GDPR) provides straight-forward and practical answers to core questions that are raised by most attorneys and privacy professionals that grapple with the GDPR, which is a comprehensive European data privacy regulation that applies to US companies that offer services to Europeans. United States companies and US-based legal practitioners are particularly concerned with the GDPR because of its draconian penalties which are up to 4% of gross revenue. Although the regulation has similarities to facets of United States data privacy and security laws, US legal practitioners often find it confusing and inaccessible.

While advances in science and technology bring many advantages, we must not ignore the harm that they can cause. Rapid changes in genetic testing are a prime example, and indicators can now help to detect, address and treat diseases. However, in this new study, Aisling de Paor examines how genetic testing is also being used for non-medical reasons, for example for work opportunities and insurance coverage. Genetics, Disability and the Law is the first book of its kind to substantively consider an EU-level response to the use of genetic information. de Paor discusses how to help genetic and scientific research to evolve and grow, how to enhance public confidence in research, and how to control it so that it recognizes our values and fundamental human rights. An understudied but vitally important topic, de Paor's work provides a valuable and timely contribution to the field of disability rights.

Lawyers Without Rights: The Fate of Jewish Lawyers in Berlin after 1933 is about the rule of law and how one government – the Third Reich in Germany – systematically undermined fair and just law through humiliation, degradation and legislation leading to expulsion of Jewish lawyers and jurists from the legal profession. This story was first told in German two decades ago and updated in 2007. With minor exceptions, the second edition of Simone Ladwig-Winters’ book has been presented in its entirety, including prefaces from the Berlin bar, the author’s insights into her research, notes and abbreviations.

German public law has been taught in universities since the early 17th century and continues to this day to be a dominant subject in German legal culture, especially in its modern incarnations of constitutional and administrative law, and European and international law. Michael Stolleis's book provides an account of the fundamental developments in public law that situates current debates in the German Federal Constitutional Court as well as the role of the nation-state in Europe more broadly. It further examines the role of fundamental rights through the lens of Germany's special administrative courts and discusses their important role in the advancement of German law.

Between the summer of 1937 and November 1938, the Stalinist regime arrested over 1.5 million people for "counterrevolutionary" and "anti-Soviet" activity and either summarily executed or exiled them to the Gulag. While we now know a great deal about the experience of victims of the Great Terror, we know almost nothing about the lower- and middle-level Narodnyi Komissariat Vnutrennikh Del (NKVD), or secret police, cadres who carried out Stalin's murderous policies. Unlike the postwar, public trials of Nazi war criminals, NKVD operatives were tried secretly. And what exactly happened in those courtrooms was unknown until now. In what has been dubbed "the purge of the purgers," almost one thousand NKVD officers were prosecuted by Soviet military courts. Based on chilling and revelatory new archival documents from the Ukrainian secret police archives, Stalinist Perpetrators on Trial illuminates the darkest recesses of Soviet repression - the interrogation room, the prison cell, and the place of execution - and sheds new light on those who carried out the Great Terror.

This 5-volume set is the most substantial treatise ever published on Ukrainian legal doctrine. Section One is devoted to the philosophy of law, methodological, and scientific fundamental principles of jurisprudence. Section Two turns to issues of the supremacy and the rule of law in recent Ukrainian experience, human rights, and doctrinal metrics of the Ukrainian legal system. Section Three addresses doctrinal conceptions of modern Ukrainian statehood, including Ukrainian approaches to a civil society, conceptions of federation, judicial practice and legal doctrine as sources of Ukrainian law, and legal aspects and implications of approximating Ukrainian law to the law of the European Union. In Section Four modern Ukrainian doctrines of legal history are explored with special reference to the historiography of twentieth-century Ukrainian experience in State-building.

The beginnings of Russian law are documented by the Russo-Byzantine treaties of the 10th century and the oldest Russian law, the Russkaia Pravda. The tempestuous developments of the following centuries (the incessant wars among the princes, the Mongol invasion, the rise of the Novgorod republic) all left their marks on the legal system until the princes of Muscovy succeeded in reuniting the country. This resulted in the creation of major legislative monuments, such as the Codes of Ivan the Great of 1497 and of Ivan the Terrible of 1550. After the Time of Troubles the Council Code of the second Romanov Tsar, Aleksei, of 1649 became the starting point for the comprehensive Russian codification of the 19th century.

Russia is often portrayed as a regressive, even lawless country, and yet the Russian state has played a major role in shaping and experimenting with law as an instrument of power. In Law and the Russian State, William E. Pomeranz examines Russia's legal evolution from Peter the Great to Vladimir Putin, addressing the continuities and disruptions of Russian law during the imperial, Soviet, and post-Soviet. It also analyzes legal culture and how Russians understand and use the law. With a detailed bibliography, this is an important text for anyone seeking a sophisticated understanding of how Russian society and the Russian state have developed in the last 350 years.

Following the dissolution of the Soviet Union in 1991, the Russian financial system was transformed from a centrally planned command economy to a market-based economy. With increasing business transactions and investment in Russia, implementing effective investment strategies and successful business relationships with (and between) Russian entities will require the ability to navigate the business laws of Russia. Written for attorneys, business professionals, government officials, academics, and the general public, Russia Corporate, Financial, and Commercial Law provides an authoritative legal resource on the Russian legal system, laws, rules, regulations, and court decisions. This book is the only legal reference to provide practical legal lessons, case studies and a detailed analysis for conducting business with Russia.

The Civil Code of the Republic Uzbekistan, as amended, is the key document for any foreign investor and remains of considerable interest to the comparative law community as a leading Central Asian model for a legal system in transition from the socialist legal tradition to a destination as yet undetermined.

This book contains practical insider advice on conducting business in Asia. The four most comprehensive chapters examine China, India, Japan, and Korea, which are the dominant players in the region. Other chapters reveal the unique aspects of doing business in smaller but still vital economies such as Indonesia, Thailand, Singapore, Malaysia, the Philippines, and Taiwan. Then, sometimes overlooked and emerging economies with great potential such as Vietnam are explored. Long-term success overseas requires taking the time to educate, plan, prepare, and execute with both a specific business strategy and cultural sensitivity in mind.

How did international law become a globally applied system of order? This is one of the most important questions of the history of international law. By moving the geographical spotlight from Europe to Asia light is shed on the regional norms guiding the interactions between polities in different regions of the world.

Debunking conventional narratives of Afghanistan as a perennial war zone and the rule of law as a secular-liberal monopoly, Faiz Ahmed presents a vibrant account of the first Muslim-majority country to gain independence, codify its own laws, and ratify a constitution after the fall of the Ottoman Empire. Afghanistan Rising illustrates how turn-of-the-twentieth-century Kabul--far from being a landlocked wilderness or remote frontier--became a magnet for itinerant scholars and statesmen shuttling between Ottoman and British imperial domains. Tracing the country's longstanding but often ignored scholarly and educational ties to Baghdad, Damascus, and Istanbul as well as greater Delhi and Lahore, Ahmed explains how the court of Kabul attracted thinkers eager to craft a modern state within the interpretive traditions of Islamic law and ethics, or sharia, and international norms of legality. Based on archival research in six countries and as many languages, Afghanistan Rising rediscovers a time when Kabul stood proudly as a center of constitutional politics, Muslim cosmopolitanism, and contested visions of reform in the greater Islamic world.

This book studies ideological divisions within Chinese legal academia and their relationship to arguments about the rule of law. The book describes argumentative strategies used by Chinese legal scholars to legitimize and subvert China's state-sanctioned ideology. It also examines Chinese efforts to invent new, alternative rule of law conceptions. In addition to this descriptive project, the book advances a more general argument about the rule of law phenomenon, insisting that many arguments about the rule of law are better understood in terms of their intended and actual effects rather than as analytic propositions or descriptive statements.

This volume critically evaluates the latest legal reform of China, covering major areas such as trade and securities law, online privacy law, criminal law, human rights and international law. It represents a bold departure from the most recent works on Chinese legal reform by engaging the ideas of experts in contemporary Chinese law with the archival scholarship of Chinese legal historians. This unique interdisciplinary feature affords readers a more nuanced view of the complexities and specificities of how China has problematized legal reforms in various historical contexts when building a progressive yet sustainable legal system. This volume appraises the most current reform in Chinese law by considering China's engagement with globalization, increasingly complicated domestic situation and historical legal transplantation experiences.

Today 700 million Chinese citizens -- more than fifty-four percent of the population -- live in cities. The mass migration of rural populations to urban centers increased rapidly following economic reforms of the 1990s, and serious problems such as overcrowding, lack of health services, and substandard housing have arisen in these areas since. China's urban citizens have taken to the courts for redress and fought battles over failed urban renewal projects, denial of civil rights, corruption, and abuse of power. In Power versus Law in Modern China, Qiang Fang and Xiaobing Li examine four important legal cases that took place from 1995 to 2013 in the major cities of Wuhan, Xuzhou, Shanghai, and Chongqing. In these cases, citizens protested demolition of property, as well as corruption among city officials, developers, and landlords; but were repeatedly denied protection or compensation from the courts. Fang and Li explore how new interest groups comprised of entrepreneurs and Chinese graduates of Western universities have collaborated with the CCP-controlled local governments to create new power bases in cities. Drawing on newly available official sources, private collections, and interviews with Chinese administrators, judges, litigants, petitioners, and legal experts, this interdisciplinary analysis reveals the powerful and privileged will most likely continue to exploit the legal asymmetry that exists between the courts and citizens.

Is there a distinctive Chinese model for law and economic development? In The Beijing Consensus scholars turn their collective attention to answer this basic but seemingly under-explored question as China rises higher in its global standing. Advancing debates on alternative development programs, with a particular focus on social and political contexts, this book demonstrates that essentially, no model exists. Engaging in comparative studies, the contributors create a new set of benchmarks to evaluate the conventional wisdom that the Beijing Consensus challenges and that of the Beijing Consensus itself. Has China demonstrated that the best model is in fact no model at all? Overall, this title equips the reader with an understanding of the conclusions derived from China's experience in its legal and economic development in recent decades.

Civil Procedure in Japan, the only book of its kind available in English, is the most reliable and comprehensive reference on Japanese civil procedure law and practice. In this time of economic and legal globalization, the knowledge of the Japanese legal and procedural system makes this new edition a timely and necessary for all practitioners, judiciaries and academics researching the Japanese legal system.

In The Rule of Law and Governance in Indigenous Yoruba Society, John Ayotunde Isola Bewaji has two main goals. The first is to provide an exploration of aspects of indigenous Yoruba philosophy of law. The second is to relate this philosophy of law to the Yoruba indigenous traditions of governance, with a view to appreciating the relevance of the Yoruba traditions of law and governance to contemporary African experiments with imported Western democracy in the 21st century. This book is devoted to what can be described as a juridical forensic investigation of Nigeria's predicament of developmental deficit, leading to gross and unconscionable impoverishment of large segments of the population, in the midst of so much natural resources and abundant human capital, using Yoruba indigenous legal traditions as reflective template.

East African Community Law provides a comprehensive and open-access text book on EAC law. Written by leading experts, including the president of the EACJ, national judges, academics and practitioners, it provides the most complete overview to date of this increasingly important field. It discusses institutional, substantive and jurisdictional issues, including the nature of EAC law, free movement and competition law as well as the reception of EAC law in Partner States.

James E. Baldwin examines how the interplay of two conceptions of Islamic law - religious scholarship and royal justice - undergirded legal practice in Cairo, the largest and richest city in the Ottoman provinces. Through detailed studies of the various formal and informal dispute resolution institutions and practices that formed the fabric of law in Ottoman Cairo, his book contributes to key questions concerning the relationship between the shari'a and political power, the plurality of Islamic legal practice, and the nature of centre-periphery relations in the Ottoman Empire.

For most people in rural South Africa, traditional justice mechanisms provide the only feasible means of accessing any form of justice. These mechanisms are popularly associated with restorative justice, reconciliation and harmony in rural communities. Yet, this ethnographic study grounded in the political economy of rural South Africa reveals how historical conditions and contemporary pressures have strained these mechanisms' ability to deliver the high normative ideals with which they are notionally linked. In places such as Msinga access to justice is made especially precarious by the reality that human insecurity - a composite of physical, social and material insecurity - is high for both ordinary people and the authorities who staff local justice forums; cooperation is low between traditional justice mechanisms and the criminal and social justice mechanisms the state is meant to provide; and competition from purportedly more effective 'twilight institutions', like vigilante associations, is rife. The author proposes a cooperative governance model that would maximize the resources and capacity of both traditional and state justice apparatus for delivering the legal and social justice - namely, peace and protection from violence as well as mitigation of poverty and destitution - that rural people genuinely need.

Some Kind of Justice offers a timely and original account of how an international war crimes tribunal affects local communities, and the factors that shape its changing impact over time. It explores the influence of the International Criminal Tribunal for the former Yugoslavia (ICTY), launched in 1993 by the UN Security Council at the height of ethnic conflict accompanying the breakup of Yugoslavia, in two countries directly affected by its work. One, Bosnia-Herzegovina, experienced soaring levels of ethnic violence, culminating in the 1995 genocide in Srebrenica. The wartime government of the other country, Serbia, plunged the region into conflict. Scheduled to close at the end of 2017, the ICTY is the longest-running war crimes tribunal in history, and thus offers an incomparably rich case study of how a Nuremberg-inspired tribunal influences societies emerging from ruinous violence.

International legal rules are not a monolithic whole, but are the basis for ongoing contestation in which states set forth competing interpretations. International norms are interpreted and redefined by national executives, legislatures, and judiciaries. These varying and evolving interpretations can, in turn, change and impact the international rules themselves. These similarities and differences make for an important, but thus far, largely unexamined object of comparison. This is the premise for this book, and for what the editors call "comparative international law." This book achieves three objectives. The first is to show that international law is not a monolith. The second is to map the cross-country similarities and differences in international legal norms in different fields of international law, as well as their application and interpretation with regards to geographic differences. The third is to make a first and preliminary attempt to explain these differences. It is organized into three broad thematic sections, exploring: conceptual matters, domestic institutions and comparative international law, and comparing approaches across issue-areas.

Dynamism in Sino-Japanese relations, of which the Diaoyu/Diaoyutai Islands dispute constitutes a major part, has greatly overshadowed not only prospects of positive collaboration between China and Japan, but also regional order in East Asia. On the surface, the essence of the dispute focused on sovereignty, which entails competition for maritime resources development and strategic access to the adjacent waters as a critical transportation and military route. What lies at the crux, however, is the conflict between different sets of values, which lead and shape their interpretations of international treaties, changes of governments, and impacts of this upon these Asian states attitudes toward how sovereignty and territory should be understood in contemporary Asia. At a juncture when the prospect of the Sino-Japanese relations remains gloomy, this book provides conceptual and practical insights invaluable to the field of law, history and politics, shedding light on the refinement of relevant international law and rules of engagement in a normative sense.

Justice in the question of Palestine is often framed as a question of law. Yet none of the Israel-Palestinian conflict's most vexing challenges have been resolved by judicial intervention. Occupation law has failed to stem Israel's settlement enterprise. Laws of war have permitted killing and destruction during Israel's military offensives in the Gaza Strip. The Oslo Accord's two-state solution is now dead letter. Justice for Some offers a new approach to understanding the Palestinian struggle for freedom, told through the power and control of international law. Focusing on key junctures, from the Balfour Declaration in 1917 to present-day wars in Gaza, Noura Erakat shows how the strategic deployment of law has shaped current conditions. Over the past century, the law has done more to advance Israel's interests than the Palestinians'. But, Erakat argues, this outcome was never inevitable. Law is politics, and its meaning and application depend on the political intervention of states and people alike. Within the law, change is possible. International law can serve the cause of freedom when it is mobilized in support of a political movement. Presenting the promise and risk of international law, Justice for Some calls for renewed action and attention to the Question of Palestine.

Africa and the ICC: Perceptions of Justice comprises contributions from prominent scholars of different disciplines including international law, political science, cultural anthropology, African history and media studies. This unique collection provides the reader with detailed insights into the interaction between the African Union and the International Criminal Court (ICC), but also looks further at the impact of the ICC at a societal level in African states and examines other justice mechanisms on a local and regional level in these countries. This investigation of the ICC's complicated relationship with Africa allows the reader to see that perceptions of justice are multilayered.

Looking forward to the 100-year anniversary of the passage of the Nineteenth Amendment in 2020, this collection of original essays takes a long view of the past century of women's political engagement to gauge how much women have achieved in the political arena. The volume looks back at the decades since women won the right to vote to analyze the changes, developments, and even continuities in women's roles in the broad political sphere. Ultimately, the book asks two important questions about the last 100 years of women's suffrage: 1) How did the Nineteenth Amendment alter the American political system? and 2) How has women's engagement in politics changed over the last 100 years? As the volume traces women's forceful presence and limitations in politics over the past century, it also helps us look forward to consider the next 100 years: what additional victories might be won and what new defeats will need women's response?

This textbook provides a comprehensive assessment of women in American politics as participants, candidates, and office holders, as well as important public policies that affect women in their daily lives. Firmly grounded in current Political Science research, this textbook also provides cutting-edge analysis of current topics such as gender, feminism, social media, and issues within the current gender justice movement, to name a few, in its coverage. This textbook will be timely and relevant to undergraduate students in its coverage of important topics, and will provide a strong overview of important research in the field of women and politics for graduate students. In addition, the pedagogical features included throughout the textbook will help students develop critical thinking skills as well as provide resources to become lifelong learners on this topic.

This monograph draws from in-depth interviews with twenty-six domestic violence victim advocates to examine their experiences with gendered policies and practices in the justice system, child protective services, and shelters. Andrea J. Nichols explores justice system interventions related to pro-arrest, dual arrest, no-drop prosecution, protective orders, and the actions of police and judges. In addition, she examines policies and practices related to child protective services that negatively affect battered women, such as charges for failure to protect and lost custody. Nichols also explores the most contentiously debated shelter policies, including curfew, confidentiality, substance abuse, entrance requirements, admitting adolescent boys, and mandatory classes.

From the murder of schoolgirls in a rural Amish community to the widespread rape of women in the Sudan to sexual predators on the Internet, this volume explores the persistent, pervasive phenomenon of gendered violence in the United States and around the world. This edition features original articles on sex trafficking, masculinity and terrorism, and community responses to gender violence. Other topics represented in this volume include sexual harassment and violence in schools and workplaces, child abuse, intimate partner violence, and pornography.

Decriminalizing Domestic Violence asks the crucial, yet often overlooked, question of why and how the criminal legal system became the primary response to intimate partner violence in the United States. It introduces readers, both new and well versed in the subject, to the ways in which the criminal legal system harms rather than helps those who are subjected to abuse and violence in their homes and communities, and shares how it drives, rather than deters, intimate partner violence. The book examines how social, legal, and financial resources are diverted into a criminal legal apparatus that is often unable to deliver justice or safety to victims or to prevent intimate partner violence in the first place. Envisioned for both courses and research topics in domestic violence, family violence, gender and law, and sociology of law, the book challenges readers to understand intimate partner violence not solely, or even primarily, as a criminal law concern but as an economic, public health, community, and human rights problem. It also argues that only by viewing intimate partner violence through these lenses can we develop a balanced policy agenda for addressing it. At a moment when we are examining our national addiction to punishment, Decriminalizing Domestic Violence offers a thoughtful, pragmatic roadmap to real reform.

Most Americans take for granted their right to vote, whether they choose to exercise it or not. But the history of suffrage in the U.S. is, in fact,the story of a struggle to achieve this right by our society's marginalized groups. In The Right to Vote, Duke historian Alexander Keyssar explores the evolution of suffrage over the course of the nation's history. Examining the many features of the history of the right to vote in the U.S.--class, ethnicity, race, gender, religion, and age--the book explores the conditions under which American democracy has expanded and contracted over the years. Keyssar presents convincing evidence that the history of the right to vote has not been one of a steady history of expansion and increasing inclusion, noting that voting rights contracted substantially in the U.S. between 1850 and 1920. Keyssar also presents a controversial thesis: that the primary factor promoting the expansion of the suffrage has been war and the primary factors promoting contraction or delaying expansion have been class tension and class conflict.

From 1865, Susan B. Anthony and Elizabeth Cady Stanton led campaigns for equal rights for all but were ultimately defeated by a Congress and reformers intent on applying suffrage established with constitutional amendments and legislation to men only. Ignoring all women, black and white, advocates argued that enfranchising black men would solve race problems, masking the effect on women. This book weaves Anthony's and Stanton's campaigns together with national and congressional events, in the process uncovering relationships among these events and revealing the devastating impact on the women and their campaign for civil rights for all citizens.

When Women Won the Vote focuses on the final decade (1910-1920) of American women's fight for the vote--a fight that had already been underway for more than sixty years, and which culminated in the passage of the 19th amendment in 1920. Sandra Opdycke reveals how woman suffragists campaigned in communities across the country, building a mass movement and tirelessly publicizing their cause. Meanwhile, in Washington DC, the main suffrage organization led by Carrie Chapman Catt courted the President and Congress with diplomatic skill, while the smaller National Woman's Party, headed by Alice Paul, intensified political pressure with confrontational picketing and demonstrations. Supported by primary documents and online eResources, this book adds context by describing the historical events that shaped this crucial decade in American women's fight for the vote.

Four generations of women fought for the right to vote. Suffrage not only reminds us of the laws that conspired against women's equality in the post-Civil War United States, but it also illustrates--through the eyes of the suffragists themselves--the cultural and religious norms that had held women in second-class status for centuries. Early suffragists grappled with isolation and outright hostility as they lectured around the nation, even as they tried to reassure the public that politicized women would still serve the family. Others espoused outrage by organizing public protests. This book shows how lasting political change comes about through a combination of working from within the system and outside of it, and deftly illustrates the tensions within the movement. Although the vote was finally won in 1920, it was not without tremendous sacrifice. The book lays bare the strategies that led to the single-minded focus on the vote and the consequences of postponing action on so many other issues that remained for later generations to address, including reproductive freedom, labor rights, and equal pay.

Despite global undertakings to safeguard the full enjoyment of human rights, culture, traditional practices and religion are widely used to discriminate against women. In this volume 17 scholars approach women's human rights globally, regionally and nationally, combining the perspectives of public and private international law in a hitherto unique manner. Comprehensive legal, culture-based and theoretical overviews are combined with analyses of topical issues, such as unbalanced sex-ratios, intercountry adoption, women as refugees or as "surrogate mothers," violence against women and cross-border enforcement of protection orders.

The product of extensive empirical and interdisciplinary research, Kalantry's book investigates the actual occurrence of sex-selective abortion among Asian Americans, the social and cultural contexts in which women in the United States and India practice sex-selective abortion, and the consequences of the laws in each country for women's equality. Women's Human Rights and Migration develops a transnational feminist legal approach to examining and legislating contested acts that result from migration.

Dr. Delaram Farzaneh's groundbreaking book is the first comprehensive critique of Iran's gender-based discrimination against women from the various perspectives of domestic and comparative law, Islamic jurisprudence, and international human rights laws, within a historical context. The rights of women have gone through an undeniable evolution throughout Iran's long history as one of the world's oldest civilizations. Since the beginning of the 20th century alone, Iran has gone through three dramatic changes in the structure of its government, each with a direct and powerful impact on the legal and social status of women. Dr. Farzaneh relates the historical struggle of Iranian women against persistent social taboos and legal hurdles to acquire the most fundamental legal rights, beginning with ancient times through the Qājār and the Pahlavī Monarchy. She also analyzes the dramatic setbacks to women's rights after the 1979 Islamic Revolution that resulted in the re-imposition of discrimination against women on the ground of their "sex" throughout the entire Iranian legal system. Finally, Dr. Farzaneh presents a compelling analysis of the ban on women from judgeships in Iran. She explores how this ban is in violation of Iran's legal obligations under international human rights laws. She argues that the intentional banning of women from judgeships exemplifies the pervasive systematic discrimination against women in Iran, not just in equal participation in decision-making positions, but in all spheres of their lives.

Beyond Virtue and Vice examines the ways in which recourse to the criminal law features in work by human rights advocates regarding sexuality, gender, and reproduction and presents a framework for considering if, when, and under what conditions, recourse to criminal law is compatible with human rights. Contributors from a wide range of disciplinary fields and geographic locations offer historical and contemporary perspectives, doctrinal cautionary tales, and close readings of advocacy campaigns on the use of criminal law in cases involving abortion and reproductive rights, HIV/AIDS, sex work and prostitution law, human trafficking, sexual violence across genders, child rights and adolescent sexuality, and LGBT issues. The volume offers specific values and approaches of possible use to advocates, activists, policy makers, legislators, scholars, and students in their efforts to craft dialogue and engagement to move beyond state practices that compromise human rights in the name of restraining vice and extolling virtue.

The need to allow for a legal change of sex/gender, in certain cases, is no longer disputed in most jurisdictions. For European countries, there is no question as to whether such a change should be allowed after the decision of the European Court of Human Rights in Goodwin v. United Kingdom (Application No. 28957/95). This book examines questions that are thus far under-researched, namely what the full legal consequences of a legal change of sex/gender should be - for example, with regard to the existing legal relationships, such as marriages and registered partnerships, but also concerning children and parentage. The Legal Status of Transsexual and Transgender Persons is the result of an international research project, including not only national reports from 14 European and non-European jurisdictions, but also two chapters that look at legal sex/gender changes from a Christian perspective, and one chapter from a medical-psychological perspective. The final chapter compares and contrasts the different approaches and requirements and makes recommendations for best practice and law reform.

The various reports on cultural rights by UN Special Rapporteur Faridah Shaheed have provided a new universal standard for topics ranging from cultural diversity, cultural heritage, the right to artistic freedom and the effects of today's intellectual property regimes. This book's team of international contributors reflects upon the many aspects of cultural rights discussed in Faridah Shaheed's reports and discusses how cultural rights support cultural diversity, foster intercultural dialogue and contribute to inclusive social, economic and political development. Drawing from a range of disciplines, the contributing authors explore the meaning and position of cultural rights and the implications these may have for international relations, the international legal order and cross-cultural understanding, while also offering recommendations for the future. Key topics discussed include the link between culture and science, gender and human rights, rights to artistic freedom, the importance of historical narratives and the impact of advertising and marketing on the enjoyment of cultural rights.

Since the reinstatement of the death penalty in 1976, fourteen women have been put to death in the United States. The criminal justice system defines crimes committed by women in a particularly gendered context. Wretched Sisters is unique in its analysis of the legal and cultural circumstances that determine why a small number of women are sentenced to death and provides a detailed account of how these fourteen women came to be subjected to the ultimate punishment.

This book is the first formal, empirical investigation into the law faculty experience using a distinctly intersectional lens, examining both the personal and professional lives of law faculty members. Comparing the professional and personal experiences of women of color professors with white women, white men, and men of color faculty from assistant professor through dean emeritus, Unequal Profession explores how the race and gender of individual legal academics affects not only their individual and collective experience, but also legal education as a whole. Drawing on quantitative and qualitative empirical data, Meera E. Deo reveals how race and gender intersect to create profound implications for women of color law faculty members, presenting unique challenges as well as opportunities to improve educational and professional outcomes in legal education. Deo shares the powerful stories of law faculty who find themselves confronting intersectional discrimination and implicit bias in the form of silencing, mansplaining, and the presumption of incompetence, to name a few. Through hiring, teaching, colleague interaction, and tenure and promotion, Deo brings the experiences of diverse faculty to life and proposes a number of mechanisms to increase diversity within legal academia and to improve the experience of all faculty members.

Grounded in Critical Race Theory (CRT), Black Men in Law School refutes the claim that when African American law students are "mismatched" with more selective Law Schools, the result is lower levels of achievement and success. Presenting personal narratives and counter-stories, Jackson demonstrates the inadequacy of the mismatch theory and deconstructs the ways race is constructed within American public Law Schools. Calling for a replacement to mismatch theory, Jackson offers an alternative theory that considers marginalized student perspectives and crystallizes the nuances and impact that historically exclusionary institutions and systems have on African American Law School students. To further the debate on affirmative action, this book shows that experiences and voices of African American Law School students are a crucial ingredient in the debate on race and how it functions in Law Schools.

You Don't Look Like a Lawyer examines the discrimination professional women of color face in the legal profession and the ways in which race and gender impact women's work. Tsedale Melaku looks in depth at the legal profession and discusses how these issues also impact women of color in other fields.

In Stories from Trailblazing Women Lawyers, award-winning legal historian Jill Norgren curates the oral histories of one hundred extraordinary American women lawyers who changed the profession of law. Many of these stories are being told for the first time. In 2005 the American Bar Association's Commission on Women in the Profession initiated a national oral history project named the Women Trailblazers in the Law initiative: One hundred outstanding senior women lawyers were asked to give their personal and professional histories in interviews conducted by younger colleagues. The interviews, made available to the author, permit these women to be written into history in their words, words that evoke pain as well as celebration, humor, and somber reflection. These are women attorneys who, in courtrooms, classrooms, government agencies, and NGOs have rattled the world with insistent and successful demands to reshape their profession and their society. They are women who brought nothing short of a revolution to the profession of law.

Rose Elizabeth Bird was forty years old when in 1977 Governor Edmund G. "Jerry" Brown chose her to become California's first female supreme court chief justice. Appointed to a court with a stellar reputation for being the nation's most progressive, Bird became a lightning rod for the opposition due to her liberalism, inexperience, and gender. Over the next decade, her name became a rallying cry as critics mounted a relentless effort to get her off the court. Bird survived three unsuccessful recall efforts, but her opponents eventually succeeded in bringing about her defeat in 1986, making her the first chief justice to be removed from the California Supreme Court. The Case of Rose Bird provides a fascinating look at this important and complex woman and the political and cultural climate of California in the 1970s and 1980s. Seeking to uncover the identities and motivations of Bird's vehement critics, Kathleen A. Cairns traces Bird's meteoric rise and cataclysmic fall. Cairns considers the instrumental role that then-current gender dynamics played in Bird's downfall, most visible in the tensions between second-wave feminism and the many Americans who felt that a "radical" feminist agenda might topple long-standing institutions and threaten "traditional" values.

By weaving together law, feminist theory, and history, author Tracy A. Thomas explores Stanton's little-examined philosophies on and proposals for women's equality in marriage, divorce, and family, and reveals that the campaigns for equal gender roles in the family that came to the fore in the 1960s and '70s had nineteenth-century roots. Using feminist legal theory as a lens to interpret Stanton's political, legal, and personal work on the family, Thomas argues that Stanton's positions on divorce, working mothers, domestic violence, childcare, and many other topics were strikingly progressive for her time, providing significant parallels from which to gauge the social and legal policy issues confronting women in marriage and the family today.

Legally Straight offers a critical reading of the legal debates over lesbian and gay marriage in the United States. The book draws on key judicial opinions to trace how our understanding of heterosexuality and marriage has changed. Upon closer inspection, it seemed that the cultural value of marriage was becoming tarnished and the trouble appeared to center on one very specific issue: reproduction. As opponents of lesbian and gay marriage emphasized the link between marriage and accidental pregnancy, the evidence mounted, the arguments proliferated, and resistance began to turn against itself. Heterosexuality, it seemed for a moment, was little more than a set of palliative prescriptions for the worst of human behavior, and children became the victims. It thus became the province of the courts to reinforce the cultural value of marriage by resisting what came to be known as the "procreation argument," the assertion that marriage exists primarily to regulate the unruly aspects of heterosexual reproduction. Cultural conceptions of children and childhood were being put at risk as gays and lesbians were denied marriage, so that writing lesbian and gay families into the marriage law became the better option.

This treatise provides attorneys with comprehensive guidance for bringing or defending a harassment suit. Select hot-button topics covered in Workplace Harassment Law, Second Edition include: the impact of the #MeToo Movement, new EEOC enforcement guidance, and new Supreme Court cases; the OCR process as revised and liability under Title IX; gender non-conformity/stereotype/identity/orientation;
multiple status/intersectionality; workplace bullying, and more.

In the "MeToo" era, this much-needed resource provides critical background and best practices for attorneys who litigate cases on behalf of plaintiff/employees and defendants/employers. Sexual harassment is a form of harassment on the basis of sex, and retaliation claims have continued to increase. Harassment claims based on sex, not just sexual conduct or language, have become more complex and difficult to defend. This important new book provides guidance and best practices for attorneys who litigate claims alleging gender harassment and retaliation claims under Title VII of the Civil Rights Act.

This is the third published iteration of an ongoing commitment by the Standing Committee on Sexual Orientation and Gender Identity. The legal terrain on LGBT issues changes quickly, and good biblio­graphy can bring a practitioner or scholar quickly up to speed. This timely new volume provides a bibliometric analysis of legal scholarship to evaluate the development of scholarly trends, patterns, and major themes. It includes brief introductory overviews of each section and highlights substantive legislative and judiciary changes. This new edition provides clarity of language by incorporating a detailed glossary in the front of the volume, and is revolutionary in its authorship approach: doctrinal and bibliographic experts have united their voices collaboratively to provide the most expert views of this area.

In Gay Priori, Libby Adler offers a comprehensive critique of mainstream LGBT legal agendas in the United States and a new direction for LGBT law reform. Adler shows how LGBT equal rights discourse drives legal advocates toward a narrow array of reform objectives--namely, same-sex marriage, anti-discrimination protections, and hate crimes statutes. This approach means that many legal issues that greatly impact the lives of the LGBT community's most marginalized members--especially those who are transgender, homeless, underage, or nonwhite--often go unnoticed. Such a narrow focus on equal rights also fixes and flattens LGBT identities, perpetuates the uneven distribution of resources such as safety, housing, health, and wealth, and limits the capacity for advocates to imagine change. To combat these effects, Adler calls for prioritizing the redistribution of resources in ways that focus on addressing low-profile legal conditions such as foster care and other issues that better meet the needs of LGBT people.

This illuminating work examines Justice Ruth Bader Ginsburg's contributions in reshaping the rhetoric of the law (specifically through the lens of watershed cases in women's rights) and describes her rhetorical contributions, beginning with her work in the 1970s as a lawyer and an advocate for the ACLU's Women's Rights Project through her tenure as a Supreme Court justice. Katie L. Gibson examines Ginsburg's rhetoric to argue that she has dramatically shifted the boundaries of legal language. Gibson draws from rhetorical theory, critical legal theory, and feminist theory to describe the law as a rhetorical genre, arguing that Ginsburg's jurisprudence can appropriately be understood as a direct challenge to the traditional rhetoric of the law.

Before taking her place as the second woman on the Supreme Court of the United States, Ruth Bader Ginsburg quietly led a revolution and forever changed life in America for both men and women. Reserved and quiet, she didn't set out to be a trailblazer, but there was something in her way: the law. Hundreds of years of legal precedent, a line of devastating Supreme Court cases, and countless statutes depriving women of equal citizenship and keeping them from full participation in the legal and political process. Mixing social and legal history with a moving and intimate biography, award-winning author Teri Kanefield captures a turbulent era and tells the story of how Ruth Bader Ginsburg defied expectations to become one of the most influential and powerful women in America.

The judicial system in a liberal democracy is deemed to be an independent branch of government with judges free from political agendas or societal pressures. In reality, judges are often influenced by their economic and social backgrounds, gender, race, religion, and sexuality. This volume explores the representation of different identities in the judiciary in the United States. The contributors investigate the pipeline, ambition, institutional inclusion, retention, and representation of groups previously excluded from federal, state, and local judiciaries. This study demonstrates how diversity on the bench improves the quality of justice, bolsters confidence in the legitimacy of the courts, and provides a vital voice in decision-making power for formerly disenfranchised populations.

In this large, comprehensive, revelatory biography, Jane De Hart explores the central experiences that crucially shaped Ruth Bader Ginsburg's passion for justice, her advocacy for gender equality, her meticulous jurisprudence: her desire to make We the People more united and our union more perfect. De Hart captures, in all its richness and complexity, the pioneering life and legal career whose profound mark on American jurisprudence, on American society, on our American character and spirit, will reverberate deep into the twenty-first century and beyond.

This documentary depicts the Tribunal's historic role in the prosecution and adjudication of wartime sexual violence. It includes testimonies from witnesses and survivors of sexual violence, who bravely gave evidence at trials, and interviews with former and current ICTY professionals who worked on these cases. In English, French, German and Serbo-Croatian with subtitles in English.
Director: Rob Barsony
Writers: Rob Barsony, Petar Finci
Narrator: Lisa Biersay

From ancient to modern times, sexualised war violence against women was tolerated if not encouraged as a means of reward, propaganda, humiliation, and terror. This was and is in defiance of international laws that have criminalised acts of sexualised war violence since the 18th century. Ad hoc international tribunals have addressed especially war rape since the 15th century. The International Criminal Court (ICC), however, is the first independent, permanent, international criminal court that recognises not only war rape but also sexual slavery and other sexualised crimes as crimes against humanity, war crimes, and acts of genocide in its statute and supporting documents. This book explores how the ICC definitions of rape and forced marriage came about, and addresses the ongoing challenge of how to define war rape and forced marriage in times of armed conflict in a way that adequately reflects women's experiences, as well as the nature of the crimes. In addition to deepening the understanding of the ICC negotiations of war rape and forced marriage, and of the crimes themselves, this volume highlights relevant factors that need to be considered when criminalising acts of sexualised war violence under international law.

From Oppression to Grace gives voice to the experiences of women of color--women of African, Native American, Latina, East Indian, Korean and Japanese descent--as students pursuing terminal degrees and as faculty members navigating the Academy, grappling with the dilemmas encountered by others and themselves as they exist at the intersections of their work and identities. This book uses critical race feminism (CRF) to place women of color in the center, rather than the margins, of the discussion, theorizing, research and praxis of their lives as they co-exist in the dominant culture. This book is for all women of color growing up in the academy, learning to stand on their own, taking first steps, mastering the language, walking, running, falling and getting up to run again--and illuminates the process of self-definition that is essential to their growth as scholars and individuals.

This book deals with market demand-based permitting and building planning by municipalities and counties through regional coordination. Some of the themes explored in the book include: market analysis, planning, development in accordance with a plan, the savings and loan crisis, the Great Recession, permitting development in excess of demand, the economics of development cycles, property rights, protecting the local economy, existing tools to prevent over permitting, and more.

The 2018 190-page handbook is designed as an introduction to ratemaking for customers and new practitioners and also is a research tool for the more advanced participant. It updates the 1983 discussion of test year ratemaking and addresses many innovations that have made Pennsylvania a national leader in the field, including the distribution system improvement surcharge, fully projected future test year and revenue decoupling. Also updated are industry descriptions that have changed with competition and other variables, and the handbook contains a thorough guide to the procedures used by the Commission to set rates.

This concise resource offers citations to state codes and cases, as well as providing a practical guide through analysis and reasoning of specific topics. In addition, it offers a firm analytic foundation for those who will need to perform more in-depth research on any of the given procurement topics for their specific jurisdiction.

The legal frameworks for procurement that states have developed contain both similarities as well as critical differences, making it difficult for suppliers who provide products to multiple states. This book delineates each state's law, practice, and key issues, offering time-saving access to information in a single volume. Each chapter is written by individuals knowledgeable in each state's' laws and processes, and includes: a listing of purchasing laws and regulations; descriptions of purchasing methods; and explanations of bid protest procedures, contract claims processes, and administrative and judicial review.

This handbook highlights the critical differences that frequently exist between the law applicable to state and local public works versus private works so that owners, contractors, subcontractors and design professionals can avoid the many pitfalls and surprises that can arise due to such differences. Although the law of each state or local jurisdiction may vary in its particulars, there are a number of common differences between the law applicable to public and private projects. Familiarity with such differences enables those providing legal advice to participants on public projects and the participants themselves to better understand and discern the particular requirements of their state or local jurisdiction and how it differs from those applicable to private construction projects.

When we think of constitutional law, we invariably think of the Supreme Court and the federal court system. Yet much of our constitutional law is not made at the federal level. In 51 Imperfect Solutions, U.S. Federal Appellate Judge Jeffrey S. Sutton argues that American Constitutional Law should account for the role of the state courts and state constitutions, together with the federal courts and the federal constitution, in protecting our individual liberties. The book tells four stories that arise in four different areas of constitutional law: equal protection; criminal procedure; privacy; and free speech and free exercise of religion. Traditional accounts of these bedrock debates about the relationship of the individual to the state focus on decisions of the United States Supreme Court. But these accounts tell just part of the story. The book corrects this omission by looking at each issue (and some others as well) through the lens of many constitutions, not one constitution, of many courts, not one court, of all American judges, not federal or state judges. Taken together, the stories reveal a remarkably complex, nuanced, ever-changing federalist system, one that ought to make lawyers and litigants pause before reflexively assuming that the United States Supreme Court alone has all of the answers to our vexing constitutional questions. If there is a central conviction of the book, it's that an underappreciation of state constitutional law has hurt state and federal law and has undermined the appropriate balance between state and federal courts in protecting individual liberty. In trying to correct this imbalance, the book also offers several ideas for reform.

This sourcebook is a landmark publication that sets out all the statutes, executive orders, legal issues, and models that are relevant to public-private partnerships. It covers the law as it relates to counterterrorism and non-proliferation, mobility and maritime security, health and special weapons, disaster preparedness and response, and protection of cyber and critical infrastructure.

This volume is a compilation of essays and research related to the rapidly changing dynamics of emerging government-focused sustainability efforts at the state and local levels. Specifically, the book explores the level of experimentation taking place by governments in their quest to become more "green." The book is organized into three main issue areas: greening of governmental operations; using land use planning and community development tools to create greener communities; and litigation issues surrounding the green movement. There are countless approaches and creative strategies that can achieve sustainability goals and at the same time, make government more efficient, less costly and more transparent. This book is designed to introduce government lawyers to opportunities and benefits when lawmakers and policymakers rethink "business as usual" in the name of sustainability and "greener" governments.

Local Government, Land Use, and The First Amendment serves as a general overview of the areas in which the First Amendment and land use law intersect. Topics of discussion include regulations on signs and billboards, artwork and aesthetics, religious land uses, adult businesses, and speech on private and public property.

The 2018 Edition of this best-seller is updated and expanded to assist you with understanding complex arbitrage issues. This book will help you gain a clearer understanding of the rules of arbitrage, the relevant IRS code sections, and the regulations and technical terms.

Once largely ignored, judicial elections in the states have become increasingly controversial over the past two decades. Legal organizations, prominent law professors, and a retired Supreme Court justice have advocated the elimination of elections as a means to choose judges. One of their primary concerns is interest group involvement in elections to state supreme courts, which they see as having negative effects on both the courts themselves and public perceptions of these judicial bodies. In The Battle for the Court, Lawrence Baum, David Klein, and Matthew Streb present a systematic investigation into the effects of interest group involvement in the election of judges. Focusing on personal-injury law, the issue that has played the most substantial role in spurring interest group activity in judicial elections, the authors detail how interest groups mobilize in response to unfavorable rulings by state supreme courts, how their efforts influence the outcomes of supreme court elections, and how those outcomes in turn effectively reshape public policies. The authors employ several decades' worth of new data on campaign activity, voter behavior, and judicial policy-making in one particularly colorful, important, and representative state--Ohio--to explore these connections among interest groups, elections, and judicial policy in a way that has not been possible until now.

This practical manual covers not only traditional areas of legal research (such as cases, court rules, statutes, and regulations), but also includes research instruction for more practitioner-oriented items, including the following: jury instructions; civil jury verdicts and settlements; briefs, records, and oral arguments; attorneys general opinions; professional responsibility sources; and Texas practice materials. It updates the references to print and online sources throughout the text to reflect current editions, and instructs readers how to provide proper citations to legal materials according to the Bluebook (20th ed. 2015) and/or the Greenbook (14th ed. 2018).

Genocide: A Comprehensive Introduction is the most wide-ranging textbook on genocide yet published. Fully updated to reflect the latest thinking in this rapidly developing field, this unique book provides an introduction to genocide as both a historical phenomenon and an analytical-legal concept, including the concept of genocidal intent, and the dynamism and contingency of genocidal processes. It discusses the role of state-building, imperialism, war, and social revolution in fueling genocide, and also supplies a wide range of full-length case studies of genocides worldwide, each with a supplementary study. The author explores perspectives on genocide from the social sciences, including psychology, sociology, anthropology, political science/international relations, and gender studies. Written in clear and lively prose with over 240 illustrations and maps, this resource remains the indispensable text for new generations of genocide study and scholarship. An accompanying website (www.genocidetext.net) features a broad selection of supplementary materials, teaching aids, and Internet resources.

The securitization that accompanied many national responses after 11 September 2001, along with the shortfalls of neo-liberalism, created waves of opposition to the growth of the human rights regime. By chronicling the continuing contest over the reach, range, and regime of rights, Contracting Human Rights discusses the way forward in an era of many challenges. Through an examination of both global and local challenges to human rights, including loopholes, backlash, accountability, and new opportunities to move forward, the expert contributors analyze trends across multiple-issue areas. These include; international institutions, humanitarian action, censorship and communications, discrimination, human trafficking, counter-terrorism, corporate social responsibility and civil society and social movements. The topical chapters also provide a comprehensive review of the widening citizenship gaps in human rights coverage for refugees, women's rights in patriarchal societies, and civil liberties in chronic conflict.

Human rights mechanism in South Asia provides an ideological framework for the establishment of a comprehensive human rights system in South Asia. The author uses a multi-disciplinary approach, bringing together law, religion, culture and contemporary political theories of regionalism.

This volume addresses the relationship between law and neoliberalism. Assembling work from established and emerging legal scholars, political theorists, philosophers, historians, and sociologists from around the world - including the Americas, Australia, Europe, and the United Kingdom - it addresses the conceptual, legal, and political relationships between liberal legality and neoliberal economics. More specifically, the book analyses the role that legality plays in the dominant economic force of our time, offering both a legal corrective to scholarship in economics and political economy that has paid insufficient attention to legal ideas, and, at the same time, a political economic corrective to legal scholarship that has only recently turned to theorizing neoliberalism. It will be of enormous interest to those working at the intersection of law and politics in our neoliberal age.

In a digitally connected world, the question of how to respect, protect and fulfil human rights has become unavoidable. Uniting research from scholars and practitioners, this contemporary Research Handbook offers new insights into well-established debates surrounding digital technologies by framing them in terms of human rights. An international group of expert contributors explore the issues posed by the management of key Internet resources, the governance of its architecture, the role of different stakeholders, the legitimacy of rule-making and rule-enforcement, and the exercise of international public authority over users. Highly interdisciplinary, the book draws on law, political science, and international relations, as well as computer science and science and technology studies in order to engage with human rights aspects of the digitally connected world. The chapters examine in depth current topics relating to human rights and security, Internet access, surveillance, automation, trade, and freedom of expression.

Despite global undertakings to safeguard the full enjoyment of human rights, culture, traditional practices and religion are widely used to discriminate against women. In this volume 17 scholars approach women's human rights globally, regionally and nationally, combining the perspectives of public and private international law in a hitherto unique manner. Comprehensive legal, culture-based and theoretical overviews are combined with analyses of topical issues, such as unbalanced sex-ratios, intercountry adoption, women as refugees or as "surrogate mothers," violence against women and cross-border enforcement of protection orders.

The last decade has witnessed an increasing focus on the relationship between climate change and human rights. This book offers a timely and comprehensive analysis of the legal issues related to accountability for the human rights impact of climate change, drawing on the state responsibility regime. It explains when and where state action relating to climate change may amount to a violation of human rights, and evaluates various avenues of legal redress available to victims. The overall analysis offers a perceptive insight into the potential of innovative rights-based climate actions to shape climate and energy policies around the world.

The product of extensive empirical and interdisciplinary research, Kalantry's book investigates the actual occurrence of sex-selective abortion among Asian Americans, the social and cultural contexts in which women in the United States and India practice sex-selective abortion, and the consequences of the laws in each country for women's equality. Women's Human Rights and Migration develops a transnational feminist legal approach to examining and legislating contested acts that result from migration.

Dr. Delaram Farzaneh's groundbreaking book is the first comprehensive critique of Iran's gender-based discrimination against women from the various perspectives of domestic and comparative law, Islamic jurisprudence, and international human rights laws, within a historical context. The rights of women have gone through an undeniable evolution throughout Iran's long history as one of the world's oldest civilizations. Since the beginning of the 20th century alone, Iran has gone through three dramatic changes in the structure of its government, each with a direct and powerful impact on the legal and social status of women. Dr. Farzaneh relates the historical struggle of Iranian women against persistent social taboos and legal hurdles to acquire the most fundamental legal rights, beginning with ancient times through the Qājār and the Pahlavī Monarchy. She also analyzes the dramatic setbacks to women's rights after the 1979 Islamic Revolution that resulted in the re-imposition of discrimination against women on the ground of their "sex" throughout the entire Iranian legal system. Finally, Dr. Farzaneh presents a compelling analysis of the ban on women from judgeships in Iran. She explores how this ban is in violation of Iran's legal obligations under international human rights laws. She argues that the intentional banning of women from judgeships exemplifies the pervasive systematic discrimination against women in Iran, not just in equal participation in decision-making positions, but in all spheres of their lives.

Beyond Virtue and Vice examines the ways in which recourse to the criminal law features in work by human rights advocates regarding sexuality, gender, and reproduction and presents a framework for considering if, when, and under what conditions, recourse to criminal law is compatible with human rights. Contributors from a wide range of disciplinary fields and geographic locations offer historical and contemporary perspectives, doctrinal cautionary tales, and close readings of advocacy campaigns on the use of criminal law in cases involving abortion and reproductive rights, HIV/AIDS, sex work and prostitution law, human trafficking, sexual violence across genders, child rights and adolescent sexuality, and LGBT issues. The volume offers specific values and approaches of possible use to advocates, activists, policy makers, legislators, scholars, and students in their efforts to craft dialogue and engagement to move beyond state practices that compromise human rights in the name of restraining vice and extolling virtue.

Human rights are at a crossroads. This book considers how these rights can be reconstructed in challenging times, with changes in the pathways to the realization of human rights and new developments in human rights law and policy, illustrated with case studies from Africa, Europe, and the Americas. Contesting Human Rights traces the balance between the dynamics of diffusion, resistance and innovation in the field. The book examines a range of issues from the effectiveness of norm-promotion by advocacy campaigns to the backlash facing human rights advocates. The expert contributors suggest that new opportunities at and below the state level, and creative contests of global governance, can help reconstruct human rights in the face of modern challenges. Critical case studies trace new pathways emerging in the United Nations' Universal Periodic Review, regional human rights courts, constitutional incorporation of international norms, and human rights cities.

Written by leading experts in the field, this compelling textbook explores the essentials of international human rights law, from foundational issues to substantive rights and systems of protection. The third edition has been thoroughly updated, and includes two new chapters on 'Children's Rights' and 'Regional Protection'.

This second edition addresses several important developments and explores economic, social, and cultural rights from foundational issues to substantive rights and systems of protection. It has been fully updated to include new material and up-to-date coverage of the case law of human rights bodies and national courts on ESC rights. In addition to the rights to health, education and work covered in the first edition, it analyses new developments, such as the rights to adequate food, water and sanitation, adequate housing, social security and cultural rights.

For more than 500 years, Indigenous laws have been disregarded. Many appeals for their recognition under international law have been made, but have thus far failed - mainly because international law was itself shaped by colonialism. How, this volume asks, might international law be reconstructed, so that it is liberated from its colonial origins? With contributions from critical legal theory, international law, politics, philosophy and Indigenous history, this volume pursues a cross-disciplinary analysis of the international legal exclusion of Indigenous Peoples, and of its relationship to global injustice. Beyond the issue of Indigenous Peoples' rights, however, this analysis is set within the broader context of sustainability; arguing that Indigenous laws, philosophy and knowledge are not only legally valid, but offer an essential approach to questions of ecological justice and the co-existence of all life on earth.

Indigenous Peoples and Human Rights explores how general human rights standards have enabled, empowered and constrained indigenous peoples in claiming and defending their essential economic, social, cultural, civil and political interests. The book examines the jurisprudence of United Nations treaty committees and regional human rights bodies (in Africa, the Americas and Europe) that have interpreted and applied human rights standards to the special circumstances and experiences of indigenous peoples. It focuses particularly on how human rights laws since the 1960s have been drawn upon by indigenous activists and victims to protect their interests in ancestral lands, natural resources, culture and language. It further explores the right to indigenous self-determination; civil and political rights; economic, social and cultural rights (including labour rights); family and children's rights; violence and discrimination against indigenous peoples; and access to justice and remedies for violations.

While every constitution includes a provision over the right to equal protection of the laws, perhaps with different terminology, this book interprets this right in a new way. Theories of the right to equal protection of the laws as the right to anti-subordination are the most influential theories on the theory suggested by Drymiotou. Elena Drymiotou suggests understanding the right to equal protection of the laws in terms of belonging. She goes on to identify certain criteria and she offers a general theory of the Right to Democratic Belonging. This book uses political theory, constitutional provisions and case law to suggest this new theory of the right to equal protection of the laws; the theory of the Right to Equal Belonging in a Democratic Society or in other words, the Right to Democratic Belonging. This book is the starting point of a more comprehensive theory of the right to democratic belonging. It addresses the topics with regard to human rights and equality and will be of interest to researchers, academics, policymakers and students in the fields of human rights law, constitutional law and legal theory.

When Misfortune Becomes Injustice surveys the progress and challenges in deploying human rights to advance health and social equality over recent decades, with a focus on women's health and rights. Yamin weaves together theory and firsthand experience in a compelling narrative of how evolving legal norms, empirical knowledge, and development paradigms have interacted in the realization of health rights. The book reveals extraordinary progress in recognizing health-related claims as legal rights and understanding the policy implications of doing so over the last few decades. Yet Yamin challenges us to consider why these advances have failed to produce greater equality within and between nations, and how the human rights praxis must now urgently address threats to social and gender justice, in health and beyond.

This book summarizes the history of the human right to water, and it examines the main content and the obligations that derive from this human right. The main purpose of the recognition of the human right to water is to guarantee that everyone has access to sufficient, safe, and affordable drinking water to satisfy personal and domestic uses. The book discusses whether the human right to water is recognized as a derivative right or as an independent right at three levels - the universal, regional, and domestic levels - where human rights are recognized and enforced.

Privacy as Virtue discusses whether a rights-based approach to privacy regulation still suffices to address the challenges triggered by new data processing techniques, such as Big Data and mass surveillance. A rights-based approach generally grants subjective rights to individuals to protect their personal interests. However, large-scale data processing techniques often transcend the individual and their interests. Virtue ethics is used to reflect on this problem and open up new ways of thinking. A virtuous agent not only respects the rights and interests of others, but also has a broader duty to act in the most careful, just, and temperate way. This applies to citizens, to companies such as Apple, Google, and Facebook, and to governmental organizations that are involved with large scale data processing. The author develops a three-layered model for privacy regulation in the Big Data era. The first layer consists of minimum obligations that are independent of individual interests and rights. Virtuous agents have to respect the procedural pre-conditions for the exercise of power. The second layer echoes the current paradigm, the respect for individual rights and interests. While the third layer is the obligation of aspiration: a virtuous agent designs the data process in such a way that human flourishing, equality, and individual freedom are promoted.

As Europe deals with a so-called 'refugee crisis', Australia's harsh border control policies have been suggested as a possible model for Europe to copy. Key measures of this system such as long-term mandatory detention, intercepting and turning boats around at sea, and the extraterritorial processing of asylum claims were actually used in the United States long before they were adopted in Australia. The book examines the process through which these policies spread between the United States and Australia and the way the courts in each jurisdiction have dealt with the measures. Daniel Ghezelbash's innovative interdisciplinary analysis shows how policies and practices that 'work' in one country might not work in another. This timely book is a must-read for those interested in preserving the institution of asylum in a volatile international and domestic political climate.

Policing is commonly thought to be governed by domestic legal systems and not international law. However, various international legal standards are shown to have an impact in situations where police use force. Police Use of Force under International Law explores this tension in detail for the first time. It critically reviews the use of force by law enforcement agencies in a range of scenarios: against detainees, during protests, and in the context of counterterrorism and counterpiracy operations. Key trends, such as the growing use of private security services, are also considered. This book provides a human rights framework for police weaponry and protection of at-risk groups based on critical jurisprudence from the last twenty years.

In Water During and After Armed Conflicts: What Protection in International Law?, Mara Tignino offers an analysis of the principles and rules protecting water in situations of armed conflicts. Beyond international humanitarian law, the author suggests that other areas of international law should be taken into account such as human rights law and international water law. This comprehensive view aims at preventing damage to water resources and ensuring access to safe drinking water. Given the fragmentation of instruments and norms dealing with water in times of armed conflicts, it requires an in-depth examination of what means of international law may be developed to ensure a better protection to water.

Scarcity of water, floods and erosion caused by climate change have made the management of water resources a challenge to national and international actors worldwide. States have also initiated water projects to improve social welfare, often with significant impacts on the environment. This book combines close analysis of the legal structures of water rights with consideration of the modes of water management projects to illustrate current water-related problems in terms of practical solutions in a global context. Human rights and participation are also shown to play an increasingly important role in terms of both law and financing of water projects. Case studies illustrate the development of practical strategies for environmentally friendly and socially acceptable solutions, notably through the concept of adaptive water management.

This book examines the link between climate change and human rights in a comprehensive manner. It looks at human rights approaches to climate change, including the jurisprudential bases for human rights and the environment, the theoretical framework governing human rights and the environment, and the different approaches to this including benchmarks. In addition to a discussion of human rights implications of international environmental law principles in the climate change regime, the book explores how the human rights framework can be used in relation to mitigation, adaption, and adjudication.

Climate Change, Migration and Human Rights offers a fresh perspective on human rights law and policy issues in the climate change regime by examining the interrelationships between various aspects of human rights, climate change and migration. Three key themes are explored: understanding the concepts of human dignity, human rights and human security; the theoretical nexus between human rights, climate change and migration or displacement; and the practical implications and challenges for lawyers and policy-makers of protecting human dignity in the face of climate change and displacement. The book also includes a series of case studies from Alaska, Bangladesh, Kenya and the Pacific islands which aim to improve our understanding of the theoretical and practical implications of climate change for human rights and migration.

The various reports on cultural rights by UN Special Rapporteur Faridah Shaheed have provided a new universal standard for topics ranging from cultural diversity, cultural heritage, the right to artistic freedom and the effects of today's intellectual property regimes. This book's team of international contributors reflects upon the many aspects of cultural rights discussed in Faridah Shaheed's reports and discusses how cultural rights support cultural diversity, foster intercultural dialogue and contribute to inclusive social, economic and political development. Drawing from a range of disciplines, the contributing authors explore the meaning and position of cultural rights and the implications these may have for international relations, the international legal order and cross-cultural understanding, while also offering recommendations for the future. Key topics discussed include the link between culture and science, gender and human rights, rights to artistic freedom, the importance of historical narratives and the impact of advertising and marketing on the enjoyment of cultural rights.

A human right to higher education was included in the International Covenant on Economic Social and Cultural Rights (ICESCR), which came into force in 1976. Yet the world has changed significantly since the ICESCR was drafted. State legislation and policies have generally followed a neoliberal trajectory, shifting the perception of higher education from being a public good to being a commodity able to be bought and sold. This model has been criticized, particularly because it generally reinforces social inequality. At the same time, attaining higher education has become more important than ever before. Higher education is a prerequisite for many jobs and those who have attained higher education enjoy improved life circumstances. This book contends that a human rights-based approach to higher education policy is more likely to enable the achievement of higher education purposes than a market-based approach. In reaching this conclusion, the book identifies and addresses some strategic considerations of relevance for advocates of a human rights-based approach in this context.

This book analyses human rights in post-national contexts and demonstrates, through the case law of the European Court of Human Rights, that the Margin of Appreciation doctrine is an essential part of human rights adjudication. Current approaches have tended to stress the instrumental value of the Margin of Appreciation, or to give it a complementary role within the principle of proportionality, while others have been wholly critical of it. In contradiction to these approaches this volume shows that the doctrine is a genuinely normative principle capable of balancing conflicting values. It explores to what extent the tension between human rights and politics, embodied in the doctrine, might be understood as a mutually reinforcing interplay of variables rather than an entrenched separation. By linking the interpretation of the Margin of Appreciation doctrine to a broader conception of human rights, understood as complex political and moral norms, this volume argues that the doctrine can assist in the formulation of the common good in light of the requirements of the Convention.

While advances in science and technology bring many advantages, we must not ignore the harm that they can cause. Rapid changes in genetic testing are a prime example, and indicators can now help to detect, address and treat diseases. However, in this new study, Aisling de Paor examines how genetic testing is also being used for non-medical reasons, for example for work opportunities and insurance coverage. Genetics, Disability and the Law is the first book of its kind to substantively consider an EU-level response to the use of genetic information. de Paor discusses how to help genetic and scientific research to evolve and grow, how to enhance public confidence in research, and how to control it so that it recognizes our values and fundamental human rights. An understudied but vitally important topic, de Paor's work provides a valuable and timely contribution to the field of disability rights.

This volume critically evaluates the latest legal reform of China, covering major areas such as trade and securities law, online privacy law, criminal law, human rights and international law. It represents a bold departure from the most recent works on Chinese legal reform by engaging the ideas of experts in contemporary Chinese law with the archival scholarship of Chinese legal historians. This unique interdisciplinary feature affords readers a more nuanced view of the complexities and specificities of how China has problematized legal reforms in various historical contexts when building a progressive yet sustainable legal system. This volume appraises the most current reform in Chinese law by considering China's engagement with globalization, increasingly complicated domestic situation and historical legal transplantation experiences.

Some Kind of Justice offers a timely and original account of how an international war crimes tribunal affects local communities, and the factors that shape its changing impact over time. It explores the influence of the International Criminal Tribunal for the former Yugoslavia (ICTY), launched in 1993 by the UN Security Council at the height of ethnic conflict accompanying the breakup of Yugoslavia, in two countries directly affected by its work. One, Bosnia-Herzegovina, experienced soaring levels of ethnic violence, culminating in the 1995 genocide in Srebrenica. The wartime government of the other country, Serbia, plunged the region into conflict. Scheduled to close at the end of 2017, the ICTY is the longest-running war crimes tribunal in history, and thus offers an incomparably rich case study of how a Nuremberg-inspired tribunal influences societies emerging from ruinous violence.

Peoples' Tribunals and International Law is the first book to analyse how civil society tribunals implement and develop international law. With contributions covering tribunals in Europe, Latin America and Asia, this edited collection provides cross-disciplinary academic and activist perspectives and unique insights into the phenomenon of peoples' tribunals. Written by academics in law, anthropology and international relations, it also incorporates the reflections of civil society activists and advocates on peoples' tribunals. The collection includes chapters ranging from the Permanent Peoples' Tribunal, successor to the Bertrand Russell Tribunal established to question the legality of the Vietnam War, to recent tribunals addressing atrocities in Soeharto's Indonesia and violations against migrants in Europe. This book offers the first sustained analysis of the different approaches to international law in tribunal proceedings.

The concept of human rights has developed during the last 60 years mainly through multilateral treaties as a positivist branch of public international law. However, key positivist doctrines such as pacta sunt servanda or state sovereignty pose significant obstacles to the effective realization of a modern human rights regime. The universal, inherent and inalienable nature of fundamental human rights, deriving from their natural law origins, are often set aside by such doctrines and annulled. Through close examination of reservations to human rights treaties, this study sheds new light on the deep interplay of naturalistic and legal positivist doctrines on the progress and implementation of human rights law (CEDAW, HR Committee, ILC). It is argued that the positions of apex human rights bodies regarding reservations reveal that establishing a human rights concept within a legal positivist environment, without a systematic methodological foundation, endangers its basic sustainability.

The novel legal status of humans in international law is now captured with a concept borrowed from constitutional doctrine: international rights of the person, as opposed to international law protecting persons. Combining doctrinal analysis with current practice, this book is the most comprehensive contemporary analysis of the legal status of the individual. Beyond Human Rights, previously published in German and now revised by the author in this English edition, not only deals with the individual in international humanitarian law, international criminal law and international investment law, but it also covers fields such as consular law, environmental law, protection of individuals against acts of violence and natural disasters, refugee law and labor law.

The use of third-party countermeasures is an increasingly common phenomenon in international relations, yet their legal position remains uncertain. Providing the first systematic and comprehensive study of this key concept in international law, Martin Dawidowicz explores the position of third-party countermeasures and their safeguards regime based on the development of ideas on countermeasures in the UN International Law Commission and a thorough examination of state practice. The book clarifies the position of third-party countermeasures in international law, and in doing so challenges some widely held assumptions about the likely impact of a regime of third-party countermeasures on international relations.

Justice in the question of Palestine is often framed as a question of law. Yet none of the Israel-Palestinian conflict's most vexing challenges have been resolved by judicial intervention. Occupation law has failed to stem Israel's settlement enterprise. Laws of war have permitted killing and destruction during Israel's military offensives in the Gaza Strip. The Oslo Accord's two-state solution is now dead letter. Justice for Some offers a new approach to understanding the Palestinian struggle for freedom, told through the power and control of international law. Focusing on key junctures, from the Balfour Declaration in 1917 to present-day wars in Gaza, Noura Erakat shows how the strategic deployment of law has shaped current conditions. Over the past century, the law has done more to advance Israel's interests than the Palestinians'. But, Erakat argues, this outcome was never inevitable. Law is politics, and its meaning and application depend on the political intervention of states and people alike. Within the law, change is possible. International law can serve the cause of freedom when it is mobilized in support of a political movement. Presenting the promise and risk of international law, Justice for Some calls for renewed action and attention to the Question of Palestine.

International humanitarian law (IHL) protects persons and property affected by armed conflicts. Focusing on the controversies that impact IHL in practice, this much-anticipated book from leading expert Marco Sassòli discusses when IHL applies, its substantive rules, how to ensure its respect and whether the traditional distinction between international and non-international armed conflicts remains relevant. Sassòli draws on a depth of practical experience to provide invaluable insight and comprehensive guidance on the rules protecting certain categories of persons (for example, civilians, wounded, etc.) during conflict and the rules governing different types of conduct (for example, occupation, naval warfare, etc.). The book examines how these rules interact with other branches of international law, such as human rights and international criminal law, and how the rules are applied to non-State armed groups. Cross-cutting issues, including terrorism, autonomous weapons, cyber warfare, gender and cultural heritage, are also addressed, providing readers with a well-rounded view of IHL and associated concerns.

Starting from the question of how international law may protect the Pacific people from climate change, this book represents the original development of the international hybrid law concept, as the basic legal study of climate change from the environmental, human rights and refugee perspectives. From 2007 to 2012, the research conducted in the Pacific demonstrated that the most affected people by the gaps of international law are the vulnerable ones whose adaptation options are limited or exhausted, and are facing displacement. In this individual context of the Pacific islands, the book analysis the most important documents, relevant institutions and (political) actors, offering the readers, including students, the most appropriate legal analysis of the climate change impacts in the Pacific. The 2015 Paris Agreement, by recognizing human rights and human mobility in the context of climate change, confirms the hybrid legal approach described in this book as one of the future solutions in identifying and addressing international legal gaps by placing the people affected by climate change in the center of the discussion.

The Hartford Guidelines on Speech Crimes in International Criminal Law are a comprehensive survey of individual criminal responsibility for harmful speech acts under international criminal law. The Guidelines offer a restatement of current international law concerning speech crimes with a view to assisting international agencies, national authorities and other actors contemplating appropriate regulatory responses to inciting speech and associated human rights violations.

Using Human Rights to Counter Terrorism uses practical examples to argue that a State's lack of respect for human rights is counter-productive and hinders its fight against terrorism. Through analyzing legislative developments since 2001, this book examines how and why many counter terrorism measures have so far been unsuccessful; arguing that longer term, a human rights-centric approach is required. The book's expert contributors have a wide breadth of experience at a national and international level. They have worked with institutions such as national intelligence agencies, the UN Security Council, the UN Human Rights Council as well as a number of UN bodies specializing in Human Rights and Terrorism. Various counter terrorism measures, including mass digital surveillance, the use of drones, and the use of torture are examined. The impact of counter terrorism measures on migration, civil society, and the delivery of humanitarian assistance are assessed. The chapters serve to show that a lack of accountability for human rights violations in these areas can be conducive to an increase in terrorist activity.

Cybersecurity and Human Rights in the Age of Cyberveillance is a collection of articles by distinguished authors from the US and Europe that presents contemporary perspectives on the limits of human rights online. By considering the latest political events and case law, including the NSA PRISM surveillance program controversy, the planned EU data protection amendments, and the latest European Court of Human Rights jurisprudence, it provides an analysis of the ongoing legal discourse on global cyberveillance.

The Black Migrant Athlete analyzes the construction of race in Western societies through a study of the black African migrant athlete. Munene Franjo Mwaniki presents ten black African migrant athletes as a conceptual starting point to interrogate the nuances of media representations of the migrant and immigrant experience with a global perspective. By using celebrity athletes such as Hakeem Olajuwon, Dikembe Mutombo, and Catherine Ndereba as entry points into a global discourse, Mwaniki explores how these athletes are wrapped in social and cultural meanings by predominately white-owned and -dominated media organizations. Drawing from discourse analysis and cultural studies, Mwaniki examines the various power relations via media texts regarding race, gender, sexuality, class, and nationality.

Birthright citizenship has a deep and contentious history in the United States, one often hard to square in a country that prides itself on being "a nation of immigrants." Even as the question of citizenship for children of immigrants was seemingly settled by the Fourteenth Amendment, vitriolic debate has continued for well over a century, especially in relation to U.S. race relations. Most recently, a provocative and decidedly more offensive term than birthright citizenship has emerged: "anchor babies." With this book, Leo R. Chavez explores the question of birthright citizenship, and of citizenship in the United States writ broadly, as he counters the often hyperbolic claims surrounding these so-called anchor babies. Chavez considers how the term is used as a political dog whistle, how changes in the legal definition of citizenship have affected the children of immigrants over time, and, ultimately, how U.S.-born citizens still experience trauma if they live in families with undocumented immigrants. By examining this pejorative term in its political, historical, and social contexts, Chavez calls upon us to exorcise it from public discourse and work toward building a more inclusive nation.

Immigration is one of the most polarizing issues in contemporary politics. It raises questions about identity, economic well-being, the legitimacy of state power, and the boundaries of membership and justice. How should we think about immigration and what policies should democratic societies pursue?Some contend that borders should generally be open and people should be free to migrate in search of better lives. Others insist that governments have the right to unilaterally close their borders and should do so. In Immigration and Democracy, Sarah Song develops an intermediate ethical position that takes seriously both the claims of receiving countries and the claims of prospective migrants. She argues that political membership is morally significant, even if morally arbitrary. Political membership grounds particular rights and obligations, and a government may show some partiality toward the interests of its members. Yet, we also have universal obligations to those outside our orders. Where prospective migrants have urgent reasons to move, as in the case of refugees, their interests may trump the less weighty interests of members. What is required is not open or closed borders but open doors. An accessible ethical framework that clarifies and deepens the ideas with which members of democratic societies can debate immigration, Immigration and Democracy considers the implications of a realistically utopian theory for immigration law and policy.

Of the many issues polarizing societies today, immigration is one of the most contentious. In the United States, as in Europe, immigration was a defining issue in recent national elections. Immigration not only involves government policies but also the human rights of millions of people. American Presidents, Deportations, and Human Rights Violations studies how recent immigration policies in the United States developed during the Obama administration and are now being expanded in the first months of the Trump presidency. Documenting the harsh treatment of immigrants over the past twenty years, Bill Ong Hing shows how mass detention and deportation of immigrants, from Clinton's two terms and the Bush administration, have escalated even higher. This book questions what price the United States is willing to pay for such harsh immigration policies in terms of our national values, and the impact on the lives of the millions of immigrants who deserve the full protection of universal human rights obligations.

In Islands of Sovereignty, anthropologist and legal scholar Jeffrey S. Kahn offers a new interpretation of the transformation of US borders during the late twentieth century and its implications for our understanding of the nation-state as a legal and political form. Kahn takes us on a voyage into the immigration tribunals of South Florida, the Coast Guard vessels patrolling the northern Caribbean, and the camps of Guantánamo Bay--once the world's largest US-operated migrant detention facility--to explore how litigation concerning the fate of Haitian asylum seekers gave birth to a novel paradigm of offshore oceanic migration policing. Combining ethnography--in Haiti, at Guantánamo, and alongside US migration patrols in the Caribbean--with in-depth archival research, Kahn expounds a nuanced theory of liberal empire's dynamic tensions and its racialized geographies of securitization. An innovative historical anthropology of the modern legal imagination, Islands of Sovereignty forces us to reconsider the significance of the rise of the current US immigration border and its relation to broader shifts in the legal infrastructure of contemporary nation-states across the globe.

Handcuffs and Chain Link enters the immigration debate by addressing one of its most controversial aspects: the criminalization both of extralegal immigration to the United States and of immigrants themselves in popular and political discourse. Looking at the factors that led up to criminalization, Benjamin Gonzalez O'Brien points to the alternative approach of the Immigration Reform and Control Act of 1986 and how its ultimate demise served to negatively reinforce the fictitious association of extralegal immigrants with criminality. Crucial to Gonzalez O'Brien's account thus is the concept of the critical policy failure -- a piece of legislation that attempts a radically different approach to a major issue but has shortcomings that ultimately further entrench the approach it was designed to supplant. The IRCA was just such a piece of legislation. It highlighted the contributions of the undocumented and offered amnesty to some while attempting to stem the flow of extralegal immigration by holding employers accountable for hiring the undocumented. The failure of this effort at decriminalization prompted a return to criminalization with a vengeance, leading to the stalemate on immigration policy that persists to this day.

In the United States, millions of children are undocumented migrants or have family members who came to the country without authorization. The unique challenges with which these children and youth must cope demand special attention. Illegal Encounters sheds light on the unique ways in which policies, laws, and legal categories shape so much of daily life for young immigrants. The book makes visible the burdens, hopes, and potential of a population of young people and their families who have been largely hidden from public view and are currently under siege, following their movement through complicated immigration systems and institutions in the United States. By combining different perspectives from advocates, service providers, attorneys, researchers, and young immigrants, the volume presents rich accounts that can contribute to informed debates and policy reforms.

The product of extensive empirical and interdisciplinary research, Kalantry's book investigates the actual occurrence of sex-selective abortion among Asian Americans, the social and cultural contexts in which women in the United States and India practice sex-selective abortion, and the consequences of the laws in each country for women's equality. Women's Human Rights and Migration develops a transnational feminist legal approach to examining and legislating contested acts that result from migration.

With unprecedented numbers of children on the move in search of safety, Protecting Migrant Children explores the complex legal and human rights issues that arise when children cross borders as migrants. It critically examines the strengths and weaknesses of international and domestic laws with the aim of identifying best practice for migrant children. The book brings together an interdisciplinary and multinational group of experts to assess the nature and root causes of child migration in different parts of the world, featuring national and comparative case studies in Australia, Canada, Europe, the United States and parts of Asia and Africa. The contributors address systematically the many challenges experienced and posed by young people who cross borders in search of protection, or a better quality of life. Identifying the many universal issues facing states who play host to these children, the book lays the foundations for new paradigms in law, policy and practice in the reception and management of child migrants, refugees and victims of trafficking.

This remarkable collection of letters reveals the debate over universal human rights. Prominent mid-twentieth-century intellectuals and leaders--including Gandhi, T.S. Eliot, W.H. Auden, Aldous Huxley, Jawaharlal Nehru, and Arnold Schoenberg--engaged with the question of universal human rights. Letters to the Contrary presents the foundation of the intellectual struggles and ideological doubts still present in today's human rights debates. Since its adoption in 1948, historians and human rights scholars have claimed that the Universal Declaration of Human Rights was influenced by UNESCO's 1947-48 global survey of intellectuals, theologians, and cultural and political leaders, that supposedly demonstrated a truly universal consensus on human rights. Based on meticulous archival research, Letters to the Contrary provides a curated history of the UNESCO human rights survey and demonstrates its relevance to contemporary debates over the origins, legitimacy, and universality of human rights. In collecting, annotating, and analyzing these responses, including letters and responses that were omitted and polite refusals to respond, Mark Goodale shows that the UNESCO human rights survey was much less than supposed, but also much more. In many ways, the intellectual struggles, moral questions, and ideological doubts among the different participants who both organized and responded to the survey reveal a strikingly critical and contemporary orientation, raising similar questions at the center of current debates surrounding human rights scholarship and practice.

As Europe deals with a so-called 'refugee crisis', Australia's harsh border control policies have been suggested as a possible model for Europe to copy. Key measures of this system such as long-term mandatory detention, intercepting and turning boats around at sea, and the extraterritorial processing of asylum claims were actually used in the United States long before they were adopted in Australia. The book examines the process through which these policies spread between the United States and Australia and the way the courts in each jurisdiction have dealt with the measures. Daniel Ghezelbash's innovative interdisciplinary analysis shows how policies and practices that 'work' in one country might not work in another. This timely book is a must-read for those interested in preserving the institution of asylum in a volatile international and domestic political climate.

Climate Change, Migration and Human Rights offers a fresh perspective on human rights law and policy issues in the climate change regime by examining the interrelationships between various aspects of human rights, climate change and migration. Three key themes are explored: understanding the concepts of human dignity, human rights and human security; the theoretical nexus between human rights, climate change and migration or displacement; and the practical implications and challenges for lawyers and policy-makers of protecting human dignity in the face of climate change and displacement. The book also includes a series of case studies from Alaska, Bangladesh, Kenya and the Pacific islands which aim to improve our understanding of the theoretical and practical implications of climate change for human rights and migration.

The essays which have been collected in this edited volume all approach statelessness from a solutions perspective, looking at what is being done, and what more can be done, to address the issue. The first part of the book has a thematic focus, exploring perspectives, tools and techniques for solving statelessness which are relevant across different countries and regions. Chapters in the second part each have a regional focus, exploring region-specific challenges, developments and innovations set against the backdrop of the broader context of a global campaign to solve statelessness.

This book examines the result of the 23 June 2016 UK referendum on leaving the EU where 51.9% of the eligible voters who voted chose to leave. Politicians and media have stressed not only that leave means leave, but also that much of the British voting public was motivated to vote leave by issues of immigration and border control. Guild investigates how the issue of EU citizenship became transformed into a discussion about immigration through four themes: the negotiations between the UK and the EU before the referendum; the nature of and difference between British and EU citizenship; the issue of third country national family members and the fears incited by the referendum in light of the rejection of expertise.

The Inter-American Court of Human Rights continues to build justiciability to determine the social rights of marginalized individuals and groups in the Americas. In this engaging book, Isaac de Paz González unveils the abilities, and the practices of the Inter-American Court's contribution to human rights policy in the Global South. This innovative book offers a thorough and complete examination of the Inter-American Court's jurisprudence over its forty years of existence, within the framework of Economic and Social Rights (ESR). The author offers a concise discussion of both the historic and landmark cases in regards to ESR, and its theoretical basis, as well as giving insight into how to further improve and protect the lives of the most vulnerable people in the Americas. This book also exposes the possibility of enforcing legal remedies for poverty and structural discrimination in order to seek social justice.

America's "broken" immigration system has become a cliche of national politics - made only worse by decades of political gridlock. Safe Haven in America: Battles to Open the Golden Door draws on nearly a quarter of a century of the author's practice in the immigration field. The cases presented, however, don't merely involve legal principles, but the human aspects of coming to America: the happiness of a family and children, the results of fighting criminality and corruption, the hopes of safely expressing political, religious, or social beliefs . . . and sometimes, the very stark difference between life and death.

In the era of globalization, shifting political landscapes, and transnational criminal organizations, discourse around immigration is reaching unprecedented levels. Immigration and the Law is a timely and significant volume of essays that addresses the social, political, and economic contexts of migration in the United States. The contributors analyze the historical and contemporary landscapes of immigration laws, their enforcement, and the discourse surrounding these events, as well as the mechanisms, beliefs, and ideologies that govern them. Encompassing issues such as shifting demographics, a changing criminal justice system, and volatile political climate, the book is critically significant for academic, political, legal, and social arenas. The contributors offer sound evidence to expose the historical legacy of violence, brutality, manipulation, oppression, marginalization, prejudice, discrimination, power, and control. Demystifying the ways that current ideas of ethnicity, race, gender, and class govern immigration and uphold the functioning and legitimacy of the criminal justice system, Immigration and the Law presents a variety of studies and perspectives that offer a pathway toward addressing long-neglected but vital topics in the discourse on immigration and the law.

Immigration Compliance and Best Practices focuses on the best practices that will ensure that your employer is protected by effective compliance solutions. This is the book that you will keep close at hand and use repeatedly to accomplish your employer’s immigration compliance goals.

Banned examines the choice a government has to protect, detain, or deport immigrants, and describes how the Trump administration has handled creating and executing its immigration policy. The book combines personal interviews, immigration law, policy analysis, and case studies to answer the following questions: (1) what does immigration enforcement and discretion look like in the time of Trump? (2) who is affected by changes to immigration enforcement and discretion?; (3) how have individuals and families affected by immigration enforcement under President Trump changed their own perceptions about the future?; and (4) how do those informed about immigration enforcement and discretion describe the current state of affairs and perceive the future? Shoba Sivaprasad Wadhia pairs the contents of these interviews with a robust analysis of immigration enforcement and discretion during the first eighteen months of the Trump administration and offers recommendations for moving forward.

In times of the proclaimed refugee crisis this book aims to shed light on human rights and refugee law responsibilities of EU member states and other relevant actors when engaging in border control measures beyond the territory of the EU.

Starting from the question of how international law may protect the Pacific people from climate change, this book represents the original development of the international hybrid law concept, as the basic legal study of climate change from the environmental, human rights and refugee perspectives. From 2007 to 2012, the research conducted in the Pacific demonstrated that the most affected people by the gaps of international law are the vulnerable ones whose adaptation options are limited or exhausted, and are facing displacement. In this individual context of the Pacific islands, the book analysis the most important documents, relevant institutions and (political) actors, offering the readers, including students, the most appropriate legal analysis of the climate change impacts in the Pacific. The 2015 Paris Agreement, by recognizing human rights and human mobility in the context of climate change, confirms the hybrid legal approach described in this book as one of the future solutions in identifying and addressing international legal gaps by placing the people affected by climate change in the center of the discussion.

In The End of Ownership, Aaron Perzanowski and Jason Schultz explore how notions of ownership have shifted in the digital marketplace, and make an argument for the benefits of personal property. Of course, ebooks, cloud storage, streaming, and other digital goods offer users convenience and flexibility. But, Perzanowski and Schultz warn, consumers should be aware of the tradeoffs involving user constraints, permanence, and privacy. The rights of private property are clear, but few people manage to read their end user agreements. Perzanowski and Schultz argue that introducing aspects of private property and ownership into the digital marketplace would offer both legal and economic benefits. But, most important, it would affirm our sense of self-direction and autonomy. If we own our purchases, we are free to make whatever lawful use of them we please. Technology need not constrain our freedom; it can also empower us.

In the discussion of international law, copyright law, trademark law, patent law, trade secrets law, and cultural heritage, the Handbook provides a comprehensive overview of the historical origins of conflict over Indigenous knowledge, and examines new challenges to Indigenous IP from emerging developments in information technology, biotechnology, and climate change.

This book aims to create an interface between intellectual property and diversity - including cultural, biological, religious, racial, and gender-based diversity. While acknowledging that the historical rationale for intellectual property protection is based on theories of utilitarian incentives and property rights, the authors of this volume assert that the current intellectual property framework is not incompatible with including diversity as part of its objectives. Through its various themes, this book delves into the debate of whether such inclusion can be made possible and how intellectual property norms could be effectively used to protect and promote diversity. In this volume, leading scholars address ongoing regional, national, and international debates within the contexts of diversity, the existing legal framework, and the broader political and economic climate. The authors tackle such wide-ranging topics as the prohibition against trademarking slurs and concepts of intellectual property in ancient Indian texts.

Intellectual property law is built on constitutional foundations and is underpinned by the twin freedoms of freedom of expression and freedom of economic enterprise. In this thoughtful evaluation, Gustavo Ghidini offers up a reconstruction of the core features of each intellectual property paradigm, including patents, copyright, and trademarks, suggesting measures for reform to allow intellectual property to become socially beneficial for all. Rethinking Intellectual Property is a deeply reflective conceptualization of the modern principles of intellectual property law at both a national and an international level. This book will be invaluable reading for anyone interested in the conceptual foundations of intellectual property law, and challenges the reader to re-examine their understanding of the field.

The international intellectual property (IP) law system allows states to develop policies that reflect their national interests. Therefore, although there is an international minimum standards framework in place, states have widely varying IP laws and differing interpretations of these laws. This book examines whether pluralism in IP law is functional when applied to copyright, patents and trademarks on an international basis. The book is divided into four parts which focus on the interaction between global standards and national norms, pluralism within the framework of international norms, pluralistic functions of copyright and the flexibility applied to patent law. Within these themes, topical issues are addressed such as traditional knowledge, geographical indications, protecting plant varieties and freedom of expression. Contributors are drawn from a range of jurisdictions to provide a global outlook on the topics at hand.

Through an exploration of techniques used in social entrepreneurship, Intellectual Property, Entrepreneurship and Social Justice provides a framework by which historically marginalized communities and developing nations can cooperate with the developed world to establish a socially cohesive global intellectual property order. The knowledgeable contributors discuss, in four parts, topics surrounding entrepreneurship and empowerment, education and advocacy, engagement and activism and, finally, commencement. Experts in the field, scholars, law professors and students of intellectual property, human rights and international trade and development will find this book to be both thought-provoking and a valuable resource. Contains new Dickinson Law Dean Danielle Conway's article: "Public procurement's role in facilitating social justice, entrepreneurship and innovation in the global knowledge economy", pp.95-116.

Transnational Intellectual Property Law provides students comparative knowledge of intellectual property for today's world. The book provides students a strong understanding of intellectual property law in four important global stakeholders and regions: United States, European Union, Japan and China. Transcending national borders, the students will learn the similarities and differences in these four regions through reading and analyzing valuable primary sources of judicial opinions from the courts. The materials allow the students to identify how culture and traditions influence judges in crafting their opinions, in both common law and civil law countries.

Writing for Hire traces the history of labor relations that defined authorship in film, TV, and advertising in the mid-twentieth century. Catherine L. Fisk examines why strikingly different norms of attribution emerged in these overlapping industries, and she shows how unionizing enabled Hollywood writers to win many authorial rights, while Madison Avenue writers achieved no equivalent recognition.

Many kinds of interventions have been designed and implemented to combat digital copyright infringement, a type of cyber-deviance that is also known as 'digital piracy'. However, it is not clear whether such measures are indeed effective in reducing this type of deviance. This research sets out out to examine the functioning of these interventions from an empirical perspective. The persistence of digital copyright infringement presents various challenges to governments, the creative industries and other stakeholders that attempt to curtail digital piracy. The author combines both traditional and innovative research methods in order to establish whether and to what extent these interventions are able to curtail digital piracy. This book is of interest to organisations and individuals that are in charge of developing copyright laws and policy or the enforcement thereof. The focus on the evaluation of digital policy also makes the book relevant to evaluators, criminologists and those interested in digital behavior and digital policy.

The book deals with the relevant legal framework and the confidentiality of the arbitration procedure, after an introduction into the special features of arbitration disputes concerning IP disputes. Particular emphasis is placed on the recitals in the drafting of the arbitration agreement, including the specific features of the franchise arbitration procedure. Furthermore, what is to be observed during the execution of the arbitration procedure and what remedies are available to the arbitration parties. Finally, the handbook deals with questions of the enforcement of arbitration laws in the field of intellectual property.

The various reports on cultural rights by UN Special Rapporteur Faridah Shaheed have provided a new universal standard for topics ranging from cultural diversity, cultural heritage, the right to artistic freedom and the effects of today's intellectual property regimes. This book's team of international contributors reflects upon the many aspects of cultural rights discussed in Faridah Shaheed's reports and discusses how cultural rights support cultural diversity, foster intercultural dialogue and contribute to inclusive social, economic and political development. Drawing from a range of disciplines, the contributing authors explore the meaning and position of cultural rights and the implications these may have for international relations, the international legal order and cross-cultural understanding, while also offering recommendations for the future. Key topics discussed include the link between culture and science, gender and human rights, rights to artistic freedom, the importance of historical narratives and the impact of advertising and marketing on the enjoyment of cultural rights.

This new guide provides an in-depth examination of how artificial intelligence has evolved, how it will affect the legal profession, and how the law will be reformed to meet the new realities created by AI. Written by high-level industry experts, this guide discusses a wide-range of AI topics including a history and introduction, healthcare regulation, entertainment, labor laws, aviation, military applications, cybernetics and biorobotics, copyright law, cybersecurity issues, product liability, AI and the transactional law practice, the future of AI, and more.

The Handbook on Antitrust in Technology Industries is intended to serve as a comprehensive review and analysis of the application of antitrust law and principles to the technology industry, including software and hardware for computers, mobile and embedded devices, networking, and rapidly growing cloud-based industries such as social media.

This updated fourth edition is a valuable and practical “go-to” reference for general practitioners, business lawyers, and corporate counsel who need to quickly learn and understand the intellectual property (IP) issues that arise in various business contexts. This fourth edition is updated and expanded to include three new chapters IP assignments; music licensing; and IP issues that arise in advertising, and recent changes to the existing 20 chapters.

IP Valuation for the Future is an invaluable and timely resource for attorneys who need a basic grounding in the principles and financial standards of intellectual property valuation, and who will also benefit from a basic review of the core attributes, categories and permutations of the various intellectual properties. This book's straightforward discussion is also useful for bankers, financial professionals, and venture capitalists who want a better understanding of the basic legal framework and current trends affecting intellectual property, litigation, legislation, and categorization of new forms of IP and related intangible assets.

Keeping up to date with changing IP laws adds to the complexities for effective due diligence. This expansive guide assists the intellectual property attorney in conducting a thorough review of all aspects of intellectual property and technology, accurately assessing and analyzing the risks and benefits associated with those intangible assets, and determining how they impact transactions and the business at large.

This updated and expanded guide will help attorneys learn the skills necessary to expertly represent clients when using alternative dispute resolution (ADR) in intellectual property disputes.

In Copyright's Highway, one of the nation's leading authorities on intellectual property law offers an engaging, readable, and intelligent analysis of the effect of copyright on American politics, economy, and culture. From eighteenth-century copyright law to the future of copyright issues in the digital age, Paul Goldstein presents a thorough examination of the challenges facing copyright owners and users. In this fully updated second edition, the author expands the discussion to cover the latest developments and shifts in copyright law for a new audience of scholars and students. This expanded edition introduces readers to present and future debates regarding copyright law and policy, including a new chapter on the technological shift in emphasis from producer to consumer and the legal shift from exclusive rights to exceptions and limitations to those rights.

Computer Games and Immersive Entertainment explores and discusses how to obtain traditional intellectual property rights in the non-traditional settings of video game and immersive environments, and serves as a primer for practitioners researching these emerging legal issues. Each chapter covers important IP issues involved with computer games and immersive entertainment, including end-user license agreements, copyrights, patents, trademarks, trade secrets, rights of publicity, and international considerations.

This comprehensive handbook explores all aspects of copyright litigation strategies: pre-litigation considerations and analysis, alternative dispute resolution, formulating discovery plans, third-party discovery, foreign discovery, handling depositions, working with experts, motion practice, the trial, proving infringement, defeating infringement claims, evidence, appeals, and more.

Biotechnology and the Law helps lawyers faced with the challenge of identifying the legal issues and processes that must be faced by their clients in building, marketing, and protecting a biotech business. Leading experts in specialties such as patents, company formation, finance, federal regulation of research through funding, FDA regulation of biomedical research, approval of products for human use, privacy issues, litigation issues and more, will shed some light on this complex subject.

All pharmaceutical companies, whether they are an innovator or a generic, must navigate the same complex legal and regulatory framework to bring a product to market and fend off competition. Now completely updated, Pre-ANDA Litigation: Strategies and Tactics for Developing a Drug Product and Patent Portfolio, Second Edition, is an in-depth resource for learning about and planning for ANDA litigations and all the different avenues that pharmaceutical litigants could follow.

An essential resource for inventors, attorneys, IP professionals, or anyone with an interest in medical device IP for understanding the nuances of protecting and launching a medical device in the United States and abroad, this concise guide is written by IP and patent attorneys with experience representing the unique business needs of startups, entrepreneurs, and early-stage companies. It covers creating and leveraging patent portfolios; freedom to operate; limiting risk of infringement; trademarks in the context of medical devices; strategies for licensing and monetizing patents; and more.

Arbitrating Patent Disputes provides a practical, clear, step-by-step guide to arbitration, covering everything from evaluating whether it makes sense to include arbitration in the patent-related agreement, to drafting the clause, pre-hearing preparation, presenting the most robust case during the hearing, enforcing or attacking the award, and handling appeals.

The U.S. Patent and Trademark Office (USPTO) encourages participants to use alternative dispute resolution (ADR) processes during post grant proceedings to facilitate resolution of conflicts that have become exceedingly complex. The flexibility and benefits of ADR proceedings are based on the expertise of qualified neutrals such as experienced IP attorneys and former judges and magistrates who are uniquely equipped to evaluate IP issues and settle conflicts in a manner much more streamlined than a Patent Trial and Appeal Board (PTAB) proceeding. In this concise guide, author David L. Newman covers all essential aspects of using ADR to resolve these disputes at the PTAB

Designed to build the necessary competencies, techniques, and best practices for anyone involved with patent searching and risk management, this guide addresses all relevant topics, from conducting freedom-to-operate studies and analyzing the results to developing appropriate risk management strategies.

Offering a framework for understanding the Patent Trial and Appeal Boards' past practices for practitioners to better predict actions in future, this book follows the authors' observation that there has been notable consistency in the body of decisions in case law decisions from the PTAB. This compilation of PTAB decisions supplies a wealth of guidance on the Board's treatment of various issues, providing the practitioner with information to guide their PTAB strategies, noting specific patterns that have arisen during IPR, PGR and CBM proceedings.

As practice under Section 337 has grown, so has interpretation of the law. Now updated, this concise introduction to practice under Section 337 before the U.S. International Trade Commission provides analysis and explanation of the participants in a Section 337 investigations and explains on the procedural rules of an investigation as well as related issues.

In the European Union, courts have been expanding the enforcement of intellectual property rights by employing injunctions to compel intermediaries to provide assistance, despite no allegation of wrongdoing against these parties. These prospective injunctions, designed to prevent future harm, thus hold parties accountable where no liability exists. Effectively a new type of regulatory tool, these injunctions are distinct from the conventional secondary liability in tort. At present, they can be observed in orders to compel website blocking, content filtering, or disconnection, but going forward, their use is potentially unlimited. This book outlines the paradigmatic shift this entails for the future of the Internet and analyzes the associated legal and economic opportunities and problems.

You can't copyright facts, but is news a category unto itself? Without legal protection for the "ownership" of news, what incentive does a news organization have to invest in producing quality journalism that serves the public good? This book explores the intertwined histories of journalism and copyright law in the United States and Great Britain, revealing how shifts in technology, government policy, and publishing strategy have shaped the media landscape. Publishers have long sought to treat news as exclusive to protect their investments against copying or "free riding." But over the centuries, arguments about the vital role of newspapers and the need for information to circulate have made it difficult to defend property rights in news. Beginning with the earliest printed news publications and ending with the Internet, Will Slauter traces these countervailing trends, offering a fresh perspective on debates about copyright and efforts to control the flow of news.

Written by leading practitioners and visionaries like Robert Ambrogi, this groundbreaking survey of current practices and future trends in artificial intelligence offers an incisive examination of the evolving roles for law librarians. Readers will learn how AI technology is changing law school curricula, lawyer practice, marketing, and other key aspects of the field through coverage of such topics as: the benefits of AI to law librarianship, including areas like legal research, contract review, compliance, and administration, and their associated risks; four professional ethics rules that apply to the use or (non-use) of AI; how lawyers and staff work side by side with AI, utilizing intelligence like RAVN ACE or FastCase to attack the drudgery of due diligence and document review; the potential for chatbots and new natural language processing products to improve access to justice; and, ways to develop sought-after skills through new technology departments, practice management groups, and legal innovation labs.

The International Citator and Research Guide, "The Greenbook", is the first comprehensive research manual of international legal citation and law written for legal practitioners and academics. The ICRG set, conveniently organized into global regions, presents each citation standard in the context of that country or organization's history and legal institutions.

This collection explores developments in the regulation of legal services by examining the control of the markets in several key countries and jurisdictions within countries. The contributions consider emerging adjustments in regulatory structures and methods, examine the continuing role (if any) of professionals and how this may be changing, and speculate on the future of legal services regulation in each jurisdiction. The introductory and concluding chapters draw together similarities, differences, and conclusions regarding directions of change in the regulation of legal services. They consider the emergence of alternatives to professionalism as a means of regulating legal services, and some implications for the rule of law.

What are the theoretical and practical issues relating to the intersection between domestic and international law? This important new book discusses how general theories, including monism and dualism, transpire in practice. The author examines several key areas: the rules relating to treaty making and the ratification of treatises, the doctrine of automatic incorporation and transformation, the direct effect of international norms in the domestic system, and a discussion of the principle of consistent interpretation. With a focus on the European Convention on Human Rights, the author concludes that, although traditional theories are still relevant, they fall short in grasping the complexity of the different ways in which the legislator and the courts have given effect to international law on the domestic level.

There is a great degree of controversy on the proper complexion and role of general principles of law in the international legal order. Opinions range from total rejection of some types of principles to the most enthusiastic endorsement of principles as the necessary oil for the many complex wheels of the legal order. In this book one of the leading public lawyers of his generation explores the concept of good faith and its role in international law. Rather than offer a detailed, comprehensive examination, Robert Kolb aims to map the true points of gravity of the principle of good faith in the international legal order. In so doing, he illustrates how the various legal institutions who operate in the sphere of public international law allow the principle of good faith to unfold.

The last decade has witnessed an increasing focus on the relationship between climate change and human rights. This book offers a timely and comprehensive analysis of the legal issues related to accountability for the human rights impact of climate change, drawing on the state responsibility regime. It explains when and where state action relating to climate change may amount to a violation of human rights, and evaluates various avenues of legal redress available to victims. The overall analysis offers a perceptive insight into the potential of innovative rights-based climate actions to shape climate and energy policies around the world.

The international intellectual property (IP) law system allows states to develop policies that reflect their national interests. Therefore, although there is an international minimum standards framework in place, states have widely varying IP laws and differing interpretations of these laws. This book examines whether pluralism in IP law is functional when applied to copyright, patents and trademarks on an international basis. The book is divided into four parts which focus on the interaction between global standards and national norms, pluralism within the framework of international norms, pluralistic functions of copyright and the flexibility applied to patent law. Within these themes, topical issues are addressed such as traditional knowledge, geographical indications, protecting plant varieties and freedom of expression. Contributors are drawn from a range of jurisdictions to provide a global outlook on the topics at hand.

Despite the growing global consensus regarding the need to ensure minimal labour standards, such as adequate safety and health conditions, freedom of association, and the prohibition of child labour, millions of workers across the world continue to work in horrific conditions. Who should be held responsible, both morally and legally, for protecting workers' rights? What moral and legal obligations should individuals and institutions bear towards foreign workers in their countries? Is there any democratic way to generate, regulate, and enforce labour standards in a global labour market? This book addresses these questions by taking a fresh look at the normative assumptions underlying existing and proposed international labour regulations. By focusing on international labour as a particular sphere of justice, it seeks to advance both the contemporary philosophical debate on global justice and the legal scholarship on international labour.

Investment arbitration has emerged from modest beginnings and matured into an established presence in international law. However, in recent years it has drifted from the reciprocal vision of its founders. This volume serves as a comprehensive guide for those who wish to reform international investment law from within, seeking a return to the mutuality of access that is in arbitration's essence. A detailed toolset is provided for enhancing the access of host States and their nationals to formal resolution mechanisms in foreign investment disputes. It concludes by offering model texts to achieve greater reciprocity and access to justice in the settlement of disputes arising from international investment initiatives.

The book deals with the relevant legal framework and the confidentiality of the arbitration procedure, after an introduction into the special features of arbitration disputes concerning IP disputes. Particular emphasis is placed on the recitals in the drafting of the arbitration agreement, including the specific features of the franchise arbitration procedure. Furthermore, what is to be observed during the execution of the arbitration procedure and what remedies are available to the arbitration parties. Finally, the handbook deals with questions of the enforcement of arbitration laws in the field of intellectual property.

International and supranational courts are increasingly central to the development of a transnational rule of law. This innovative book examines the manner in which and the extent to which international courts and tribunals contribute to the rule of law at the national, regional, and international levels. With unique insights from members of the international judiciary, this authoritative book deals with the fundamental procedural and substantive legal principles, sources, tools of interpretation, and enforcement used by the respective judicial bodies. The rule of law-focused approach offers a unique opportunity for a thorough cross-case analysis of the differences and commonalities in the essential contributions of the respective courts and tribunals to international justice.

Article 38 of the Statute of the International Court of Justice defines "international law" to include not only "custom" and "convention" between States but also "the general principles of law recognized by civilized nations" within their municipal legal systems. In 1953, Bin Cheng wrote his seminal book on general principles, identifying core legal principles common to various domestic legal systems across the globe. This monograph summarizes and analyzes the general principles of law and norms of international due process, with a particular focus on developments since Cheng's writing. The aim is to collect and distill these principles and norms in a single volume as a practical resource for international law jurists, advocates, and scholars. The information contained in this book holds considerable importance given the growth of inter-state intercourse resulting in the increased use of general principles over the past 60 years.General principles can serve as rules of decision, whether in interpreting a treaty or contract, determining causation, or ascertaining unjust enrichment. They also include a core set of procedural requirements that should be followed in any adjudicative system, such as the right to impartiality and the prohibition on fraud. Although the general principles are, by definition, basic and even rudimentary, they hold vital importance for the rule of law in international relations. They are meant not to define a rule of law, but rather the rule of law.

Written by leading experts in the field, this compelling textbook explores the essentials of international human rights law, from foundational issues to substantive rights and systems of protection. The third edition has been thoroughly updated, and includes two new chapters on 'Children's Rights' and 'Regional Protection'.

This second edition addresses several important developments and explores economic, social, and cultural rights from foundational issues to substantive rights and systems of protection. It has been fully updated to include new material and up-to-date coverage of the case law of human rights bodies and national courts on ESC rights. In addition to the rights to health, education and work covered in the first edition, it analyses new developments, such as the rights to adequate food, water and sanitation, adequate housing, social security and cultural rights.

For more than 500 years, Indigenous laws have been disregarded. Many appeals for their recognition under international law have been made, but have thus far failed - mainly because international law was itself shaped by colonialism. How, this volume asks, might international law be reconstructed, so that it is liberated from its colonial origins? With contributions from critical legal theory, international law, politics, philosophy and Indigenous history, this volume pursues a cross-disciplinary analysis of the international legal exclusion of Indigenous Peoples, and of its relationship to global injustice. Beyond the issue of Indigenous Peoples' rights, however, this analysis is set within the broader context of sustainability; arguing that Indigenous laws, philosophy and knowledge are not only legally valid, but offer an essential approach to questions of ecological justice and the co-existence of all life on earth.

As Europe deals with a so-called 'refugee crisis', Australia's harsh border control policies have been suggested as a possible model for Europe to copy. Key measures of this system such as long-term mandatory detention, intercepting and turning boats around at sea, and the extraterritorial processing of asylum claims were actually used in the United States long before they were adopted in Australia. The book examines the process through which these policies spread between the United States and Australia and the way the courts in each jurisdiction have dealt with the measures. Daniel Ghezelbash's innovative interdisciplinary analysis shows how policies and practices that 'work' in one country might not work in another. This timely book is a must-read for those interested in preserving the institution of asylum in a volatile international and domestic political climate.

Policing is commonly thought to be governed by domestic legal systems and not international law. However, various international legal standards are shown to have an impact in situations where police use force. Police Use of Force under International Law explores this tension in detail for the first time. It critically reviews the use of force by law enforcement agencies in a range of scenarios: against detainees, during protests, and in the context of counterterrorism and counterpiracy operations. Key trends, such as the growing use of private security services, are also considered. This book provides a human rights framework for police weaponry and protection of at-risk groups based on critical jurisprudence from the last twenty years.

In Water During and After Armed Conflicts: What Protection in International Law?, Mara Tignino offers an analysis of the principles and rules protecting water in situations of armed conflicts. Beyond international humanitarian law, the author suggests that other areas of international law should be taken into account such as human rights law and international water law. This comprehensive view aims at preventing damage to water resources and ensuring access to safe drinking water. Given the fragmentation of instruments and norms dealing with water in times of armed conflicts, it requires an in-depth examination of what means of international law may be developed to ensure a better protection to water.

Once the exclusive prerogative of domaine reserve, landscape has gained increasing importance in international law in recent years. Since the introduction of cultural landscapes within the UNESCO World Heritage Convention, and particularly since the adoption of the European Landscape Convention (ELC), emphasis has shifted beyond a scenic, preservationist approach towards a more dynamic, human-centred one. The focus is not only on outstanding landscapes, but also on the everyday and degraded landscapes where most people live and work. Landscape is land shaped by people, after all, and its protection, management and planning have a number of implications for democracy, human rights and spatial justice. Despite these links, however, there has been little legal scholarship on the topic.How does international law, which deals for the most part with universality, deal with something so region-specific and particular as landscape? What is the legal conception of landscape and what are the various roles played by international law in its protection? Amy Strecker assesses the institutional framework for landscape protection, analyses the interplay between landscape and human rights, and links the etymology and theory of landscape with its articulation in law.

This book, by three experts in the field, provides a comprehensive overview of the legal instruments and sources that govern the international response to climate change. Climate change is one of the fundamental challenges facing the world today, and is the cause of significant international concern. In response, states have created a legal regime, albeit a contested one, to address climate change and its impacts. The legal texts that comprise the climate regime - the United Nations Framework Convention on Climate Change, 1992, and its Kyoto Protocol, 1997 - are in force, have concrete content, and are binding. This book provides a clear guide to the legal regime applicable to climate change, demonstrating how the terms employed in the relevant instruments and conventions should be interpreted.

At a time when the planet's wildlife faces countless dangers, international environmental law continues to overlook its evolving welfare interests. This thought-provoking book provides a crucial exploration of how international environmental law must adapt to take account of the growing recognition of the intrinsic value of wildlife. Animal Welfare and International Environmental Law offers compelling and timely arguments in favor of wildlife's inherent worth and proposes a progressive development of the law in response to its needs and interests. Taking into account recent trends in bioethics and conservation, these critical discussions of wildlife welfare have dramatic implications for the future of sustainable development and sustainable use. The book challenges assumptions by taking a perspective which decenters the needs of humans and instead emphasizes the growing need to protect wildlife with compassion and care.

This revised edition of The History of ICSID details the history and development of the International Centre for Settlement of Investment Disputes (ICSID) and its constituent treaty, the Convention on the Settlement of Investment Disputes between States and Nationals of Other States. Antonio Parra, the first Deputy Secretary-General of ICSID, traces the immediate origins of the Convention, in the years 1955 to 1962, and gives a stage-by-stage narrative of the drafting of the Convention between 1962 and 1965. The book offers unique insight into the establishment and design of ICSID, as well as into how the institution evolved and its relationship with the World Bank over the 50 years since the establishment of ICSID.

This book reveals how conflicting worldviews are at the root of public controversies on policy and trade issues. It highlights the particularly controversial disputes at the level of the World Trade Organization in the case of regulating beef-hormones and GMOs, aiming to show how negotiators of international agreements, members of dispute settlement bodies, and policy makers in general could have recourse to concepts of other disciplines such as epistemology and philosophy in order to address deadlocked legal disputes. Ultimately, the book is a manifesto for independent and critical research.

Most North Sea states consider offshore wind energy as a substantial contributor for reaching their renewable energy targets. To date, the standard approach for transporting the electricity to shore is to connect each wind farm with an individual park-to-shore cable. However, due to the increasing distance from shore, the scarceness of acceptable cable routes, and the potential conflicts with other users of the sea, new concepts are required. To harness offshore wind energy in a more efficient manner, the North Sea states are thus considering developing a transnational offshore grid. This book examines the legal frameworks applying to offshore grid development under international law, European Union law, and national law. It reveals that these legal frameworks have not been developed to facilitate such complex (cross-border) infrastructure. It further identifies the main legal and regulatory barriers that a transnational offshore grid would face. Subsequently, the book gives recommendations on how to address these barriers and how to enable the offshore grid. This is the first academic contribution that examines the legal framework applying to the offshore grid and that establishes concrete legal solutions. Although the focus is on the North Sea, the book is also relevant for developing complex infrastructure in general.

Air law has evolved and grown along with the aviation industry. Today, there is an elaborate and wide-ranging collection of international conventions, treaties, and air transport agreements, as well as a highly developed body of domestic law having an international application that governs air transport. Behind the glamour of air transportation is a myriad of issues relating to aviation security, aviation safety, the use of airports and air navigation services, as well as environmental concerns that are at play and that require extensive analysis and study. Since the first edition of the book in 2008, there have been significant developments in aviation law, public policy, and technology. Several major diplomatic conferences have been convened by the International Civil Aviation Organization (ICAO), and these conferences have drafted major treaties. Additionally, in 2016, the ICAO General Assembly adopted a Carbon Offsetting and Reduction Scheme for International Aviation (CORSIA). New technologies also now capture the attention of Air Law, including Unmanned Aerial Vehicles (drones) and space transportation.

The book takes a process-oriented approach that begins with police searches and continues through to the trial and appeals process so students can compare how various countries approach each of these stages in the criminal process. It starts with a historical overview of the adversarial and inquisitorial system of justice to allow students to understand the foundation of each system before moving to a discussion of their differences. It also contains case studies that allow students to study the concepts learned in the chapter from a real-world perspective and enhance their learning in a way that descriptive text may not.

In Complexity's Embrace, international law practitioners and academics from the United Kingdom, Europe, Canada and the United States look beyond the rhetoric of "Brexit Means Brexit" and "no agreement is better than a bad agreement" to explain the challenges that need to be addressed in the diverse fields of trade, financial services, insolvency, intellectual property, environment, and human rights. The authors in this volume articulate, with unvarnished clarity, the international law implications of Brexit, providing policy makers, commentators, the legal community, and civil society with critical information they need to participate in negotiating their future within or outside Europe. Complexity's Embrace explores the many unprecedented questions about the UK's future trading arrangements.

This two-volume set edited by James E. Berger serves as a comprehensive reference guide to practitioners, both in the U.S. and abroad, on the various issues that can arise when cross-border cases are litigated in U.S. courts. Topics covered include: a basic overview of the U.S. court system; concepts of subject matter and personal jurisdiction; concepts of forum and venue; governing law, and choice-of-law; discovery; judgment; arbitration; sovereign litigation, bankruptcy, and trade disputes.

A Handbook on Aviation Law covers a broad spectrum of fascinating, real-life, aviation liability cases, with relevant legal principles.

Now, completely updated and revised for 2018, Foreign Corrupt Practices Act Handbook, Fifth Edition offers 50 new FCPA resolutions, including coverage of Brazil, Canada, China, India, Russia, and UK statutes. You’ll also find information on anti-bribery conventions; board of directors and management responsibilities; transaction issues and considerations; gifts, travel, lodging and entertainment; charitable donations and political contributions; and conducting and defending an FCPA Investigation. The book identifies all major FCPA risk areas and then presents thoughtful and practical advice for how companies can most effectively address these risks and conduct credible investigations.

This book analyzes the distribution and utilisation of the water of the Euphrates and Tigris river system from the perspective of international law. It shows which international treaties and provisions of international customary law regulating the non-navigational use of international freshwater systems are binding for the riparian states, Iraq, Syria and Turkey, and how the distribution and utilisation of the waters of the river system are governed by these.

This book shows how, with the increasing interaction between jurisdictions spearheaded by globalization, it is gradually becoming impossible to confine transactions to a single jurisdiction. Presented in the form of a compendium of essays by eminent academics and practitioners in the field, it provides a detailed overview of private, international law practice in South Asian nations, addressing contemporary discourse within this knowledge domain. Conflict of laws/private international law arises from the universal acknowledgment that it is difficult to govern human transactions solely by the local law. The research presented addresses the three major threads of private international law - jurisdiction, choice of law and enforcement - within each of the South Asian countries in the areas of family law and commercial law.

How did international law become a globally applied system of order? This is one of the most important questions of the history of international law. By moving the geographical spotlight from Europe to Asia light is shed on the regional norms guiding the interactions between polities in different regions of the world.

East African Community Law provides a comprehensive and open-access text book on EAC law. Written by leading experts, including the president of the EACJ, national judges, academics and practitioners, it provides the most complete overview to date of this increasingly important field. It discusses institutional, substantive and jurisdictional issues, including the nature of EAC law, free movement and competition law as well as the reception of EAC law in Partner States.

International law is not merely a set of rules or processes, but is a professional activity practised by a diversity of figures, including scholars, judges, counsel, teachers, legal advisers and activists. Individuals may, in different contexts, play more than one of these roles, and the interactions between them are illuminating of the nature of international law itself. This collection of innovative, multidisciplinary and self-reflective essays reveals a bilateral process whereby, on the one hand, the professionalisation of international law informs discourses about the law, and, on the other hand, discourses about the law inform the professionalisation of the discipline. Intended to promote a dialogue between practice and scholarship, this book is a must-read for all those engaged in the profession of international law.

Careers in International Law has become a best-selling classic for law students and attorneys interested in starting an international legal practice - as a private practitioner, as in-house counsel, in the public sector, or working at an NGO. This Fifth Edition presents a broad lineup of diverse contributors, who share their experiences of how they transitioned into international legal practice.

Peoples' Tribunals and International Law is the first book to analyse how civil society tribunals implement and develop international law. With contributions covering tribunals in Europe, Latin America and Asia, this edited collection provides cross-disciplinary academic and activist perspectives and unique insights into the phenomenon of peoples' tribunals. Written by academics in law, anthropology and international relations, it also incorporates the reflections of civil society activists and advocates on peoples' tribunals. The collection includes chapters ranging from the Permanent Peoples' Tribunal, successor to the Bertrand Russell Tribunal established to question the legality of the Vietnam War, to recent tribunals addressing atrocities in Soeharto's Indonesia and violations against migrants in Europe. This book offers the first sustained analysis of the different approaches to international law in tribunal proceedings.

This book analyses the laws that shaped modern European empires from medieval times to the twentieth century. Its geographical scope is global, including the Americas, Europe, Africa, Asia, Australia and the Poles. Andrew Fitzmaurice focuses upon the use of the law of occupation to justify and critique the appropriation of territory. He examines both discussions of occupation by theologians, philosophers and jurists, as well as its application by colonial publicists and settlers themselves. Beginning with the medieval revival of Roman law, this study reveals the evolution of arguments concerning the right to occupy through the School of Salamanca, the foundation of American colonies, seventeenth-century natural law theories, Enlightenment philosophers, eighteenth-century American colonies and the new American republic, writings of nineteenth-century jurists, debates over the carve up of Africa, twentieth-century discussions of the status of Polar territories, and the period of decolonisation.

It is commonly believed that international law originated in relations among European states that respected one another as free and equal. In fact, as Jennifer Pitts shows, international law was forged at least as much through Europeans' domineering relations with non-European states and empires, leaving a legacy still visible in the unequal structures of today's international order. Pitts focuses on the eighteenth and nineteenth centuries, the great age of imperial expansion, as European intellectuals and administrators worked to establish and justify laws to govern emerging relationships with non-Europeans. Relying on military and commercial dominance, European powers dictated their own terms on the basis of their own norms and interests. Despite claims that the law of nations was a universal system rooted in the values of equality and reciprocity, the laws that came to govern the world were parochial and deeply entangled in imperialism. Legal authorities, including Emer de Vattel, John Westlake, and Henry Wheaton, were key figures in these developments. But ordinary diplomats, colonial administrators, and journalists played their part too, as did some of the greatest political thinkers of the time, among them Montesquieu and John Stuart Mill. Against this growing consensus, however, dissident voices as prominent as Edmund Burke insisted that European states had extensive legal obligations abroad that ought not to be ignored. These critics, Pitts shows, provide valuable resources for scrutiny of the political, economic, and legal inequalities that continue to afflict global affairs.

When is a norm peremptory? This is a question that has troubled legal scholars throughout the development of modern international law. In this work, Daniel Costelloe suggests - through an examination of State practice and international materials - that it is the legal consequences of a norm which distinguish it as peremptory. This book sheds new light on the legal consequences that peremptory norms have, for instance, in the law of treaties, international responsibility and state immunity. Unlike their substance or identification, the consequences of peremptory norms have remained under-studied.

International legal rules are not a monolithic whole, but are the basis for ongoing contestation in which states set forth competing interpretations. International norms are interpreted and redefined by national executives, legislatures, and judiciaries. These varying and evolving interpretations can, in turn, change and impact the international rules themselves. These similarities and differences make for an important, but thus far, largely unexamined object of comparison. This is the premise for this book, and for what the editors call "comparative international law." This book achieves three objectives. The first is to show that international law is not a monolith. The second is to map the cross-country similarities and differences in international legal norms in different fields of international law, as well as their application and interpretation with regards to geographic differences. The third is to make a first and preliminary attempt to explain these differences. It is organized into three broad thematic sections, exploring: conceptual matters, domestic institutions and comparative international law, and comparing approaches across issue-areas.

The concept of human rights has developed during the last 60 years mainly through multilateral treaties as a positivist branch of public international law. However, key positivist doctrines such as pacta sunt servanda or state sovereignty pose significant obstacles to the effective realization of a modern human rights regime. The universal, inherent and inalienable nature of fundamental human rights, deriving from their natural law origins, are often set aside by such doctrines and annulled. Through close examination of reservations to human rights treaties, this study sheds new light on the deep interplay of naturalistic and legal positivist doctrines on the progress and implementation of human rights law (CEDAW, HR Committee, ILC). It is argued that the positions of apex human rights bodies regarding reservations reveal that establishing a human rights concept within a legal positivist environment, without a systematic methodological foundation, endangers its basic sustainability.

The concept of human rights has developed during the last 60 years mainly through multilateral treaties as a positivist branch of public international law. However, key positivist doctrines such as pacta sunt servanda or state sovereignty pose significant obstacles to the effective realization of a modern human rights regime. The universal, inherent and inalienable nature of fundamental human rights, deriving from their natural law origins, are often set aside by such doctrines and annulled. Through close examination of reservations to human rights treaties, this study sheds new light on the deep interplay of naturalistic and legal positivist doctrines on the progress and implementation of human rights law (CEDAW, HR Committee, ILC). It is argued that the positions of apex human rights bodies regarding reservations reveal that establishing a human rights concept within a legal positivist environment, without a systematic methodological foundation, endangers its basic sustainability.

In the process of globalisation, international law plays a crucial and ambivalent role. It is one of the driving forces behind the integration of markets, expanding standards of human rights and good governance as well as mechanisms for international peace and security. International law also responds to a globalised world which catalyses not only universal ethics, but also the global spread of risks to political and economic stability. "Evolutive interpretation" of international agreements affects traditional concepts of sovereignty and democratic legitimacy. It enhances the power of technocratic elites. At the same time, we witness an intensive interplay between the different sectors of international law; new layers of 'hard' and 'soft' normativity as well as intriguing forms of legal pluralism.

When can a group legitimately form its own state? Under international law, some groups can but others cannot. But the standard is unclear, and traditional legal analysis has failed to elucidate it. In The Theory of Self-Determination, leading scholars chart new territory in our theoretical conception of self-determination. Drawing from diverse scholarship in international law, philosophy, and political science, they attempt to move beyond the prevailing nationalist conceptions of group definition. At issue are such universal questions as, when does a group qualify as a 'people'? Does history matter? Or is it a question of ethnic status? Are these matters properly solved by popular vote? Anchored in modern analytical political philosophy but with implications for a wide range of scholarship, this volume will prove essential for scholars and practitioners of international law, global justice, and international relations.

Regionalism in International Law evaluates regionalism in its various relationships and forms with respect to international law, as well as the importance and duties of international law in respect to the establishment and functioning of various forms of regional groups. A great deal of attention has been paid to regionalism from the global, political, economic, security aspects, but a complex evaluation of the impact it has had on international law, and vice versa, is still lacking. The main purpose of this volume is to eliminate this gap and present the latest state of knowledge on the topic. It addresses the topics with regard to international law and regionalism and will be of interest to academics dealing with legal aspects of current regionalism and for the specialized courses in the faculties of law, as well as anyone studying diplomacy and international studies, international relations, regional integration law, EU law, international law, and international relations.

This is the first book to explore the concept of 'Grotian Moments'. Named for Hugo Grotius, whose masterpiece De jure belli ac pacis helped marshal in the modern system of international law, Grotian Moments are transformative developments that generate the unique conditions for accelerated formation of customary international law. In periods of fundamental change, whether by technological advances, the commission of new forms of crimes against humanity, or the development of new means of warfare or terrorism, customary international law may form much more rapidly and with less state practice than is normally the case to keep up with the pace of developments. The book examines the historic underpinnings of the Grotian Moment concept, provides a theoretical framework for testing its existence and application, and analyzes six case studies of potential Grotian Moments: Nuremberg, the continental shelf, space law, the Yugoslavia Tribunal's Tadic decision, the 1999 NATO intervention in Serbia and the 9/11 terrorist attacks.

The Impact of International Organizations on International Law addresses how international organizations, particularly those within the UN system, have changed the forms, contents, and effects of international law. Professor Jose Alvarez considers the impact on sovereigns and actions taken by the contemporary Security Council, the UN General Assembly, and UN Specialized Agencies such as the World Health Organization. He considers the diverse functions performed by adjudicators - from judges of the International Criminal Court to arbitrators within the international investment regime. This text raises fundamental questions concerning the future of international law given the challenges international organizations pose to legal positivism, to traditional conceptions of sovereignty, and to the rule of law itself.

International Law provides a fresh, student-focused approach and European perspective on the central issues in public international law. Providing ideal coverage for short foundational courses, this engaging new textbook introduces all the essential topics in a concise and manageable way. Dedicated chapters on environmental law, economic law, and human rights are included, ensuring that appropriate coverage is given to the various areas affected by international law. The core topics are fully explained in plain terms and the principles and key terminology outlined in an accessible style.

Conventionally, international legal scholarship concerned with norm conflicts focuses on identifying how international law can or should resolve them. This book adopts a different approach. It focuses on identifying those norm conflicts that law cannot and should not resolve. The book offers an unprecedented, controversial, yet sophisticated, argument in favor of construing such irresolvable conflicts as legal dilemmas. Legal dilemmas exist when a legal actor confronts a conflict between at least two legal norms that cannot be avoided or resolved. Addressing both academics and practitioners, the book aims to identify the character and consequences of legal dilemmas, to distill their legal function within the sphere of international law, and to encourage serious theoretical and practical investigation into the conditions that lead to a legal dilemma.

This book highlights the complex phenomena surrounding the history and development of international law. The author also considers how international law operates and functions within diverse forums such as diplomatic negotiation, international organizations, and domestic political processes.

This book takes the reader on a sweeping tour of the international legal field to reveal some of the patterns of difference, dominance, and disruption that belie international law's claim to universality. Pulling back the curtain on the "divisible college of international lawyers," Anthea Roberts shows how international lawyers in different states, regions, and geopolitical groupings are often subject to distinct incoming influences and outgoing spheres of influence in ways that reflect and reinforce differences in how they understand and approach international law. As the world moves past an era of Western dominance and toward greater multipolarity, it is imperative for international lawyers to understand the perspectives and approaches of those coming from diverse backgrounds. By taking readers on a comparative tour of different international law academies and textbooks, the author encourages them to see the world through the eyes of others - an essential skill in this fast changing world of shifting power dynamics and rising nationalism.

Dynamism in Sino-Japanese relations, of which the Diaoyu/Diaoyutai Islands dispute constitutes a major part, has greatly overshadowed not only prospects of positive collaboration between China and Japan, but also regional order in East Asia. On the surface, the essence of the dispute focused on sovereignty, which entails competition for maritime resources development and strategic access to the adjacent waters as a critical transportation and military route. What lies at the crux, however, is the conflict between different sets of values, which lead and shape their interpretations of international treaties, changes of governments, and impacts of this upon these Asian states attitudes toward how sovereignty and territory should be understood in contemporary Asia. At a juncture when the prospect of the Sino-Japanese relations remains gloomy, this book provides conceptual and practical insights invaluable to the field of law, history and politics, shedding light on the refinement of relevant international law and rules of engagement in a normative sense.

The novel legal status of humans in international law is now captured with a concept borrowed from constitutional doctrine: international rights of the person, as opposed to international law protecting persons. Combining doctrinal analysis with current practice, this book is the most comprehensive contemporary analysis of the legal status of the individual. Beyond Human Rights, previously published in German and now revised by the author in this English edition, not only deals with the individual in international humanitarian law, international criminal law and international investment law, but it also covers fields such as consular law, environmental law, protection of individuals against acts of violence and natural disasters, refugee law and labor law.

This book explores the relationship between the jurisdictional immunities of states and international organizations, in an attempt to bring clarity and predictability to the law of international immunities. Embracing a holistic approach, this book charts the history, purpose, scope, competing norms, and exceptions and waivers for the jurisdictional immunities related to states and then international organizations, respectively. Finally, it focuses on the relationship between the two areas analyzing in detail the differences and commonalities between the two. The author aims to position the book to be of use both to scholars and practicing lawyers and legal advisers in government and international organizations, as well as to lawyers whose practice concerns issues and laws of privileges and immunities.

Diplomatic Law in a New Millennium brings together 20 experts to provide insight into some of the most controversial and important matters which characterise modern diplomatic law. They include diplomatic asylum, the treatment (and rights) of domestic staff of diplomatic agents, the inviolability of correspondence, of the diplomatic bag and of the diplomatic mission, the immunity to be given to members of the diplomatic family, diplomatic duties (including the duty of non-interference), but also the rise of diplomatic actors which are not sent by States (including members of the EU diplomatic service). This book explores these matters in a critical, yet accessible manner, and is therefore an invaluable resource for practitioners, scholars and students with an interest in diplomatic relations. The authors of the book include some of the leading authorities on diplomatic law (including a delegate to the 1961 conference which codified modern diplomatic law) as well as serving and former members of the diplomatic corps.

The use of third-party countermeasures is an increasingly common phenomenon in international relations, yet their legal position remains uncertain. Providing the first systematic and comprehensive study of this key concept in international law, Martin Dawidowicz explores the position of third-party countermeasures and their safeguards regime based on the development of ideas on countermeasures in the UN International Law Commission and a thorough examination of state practice. The book clarifies the position of third-party countermeasures in international law, and in doing so challenges some widely held assumptions about the likely impact of a regime of third-party countermeasures on international relations.

More than ever before the changing environmental and political landscape in the Arctic requires stability and foreseeability based on resilient common norms. The emerging legal orders in the Arctic cannot be legitimately created or effectively implemented unless all relevant actors are involved. Simultaneously, it must always be based on respect for the sovereign rights of the eight Arctic states in the region, as well as the tradition and cultural livelihood of the local communities. It is this delicate balance between Arctic and non-Arctic interests that is the core problem for the emerging legal orders in the Arctic. Emerging Legal Orders in the Arctic critically examines the role of non-Arctic actors in this advancement of the shape and scope of the Arctic legal order. Discussing the admittance and participation of Observer states and organisations in the Arctic Council, including task force meetings where new treaties are negotiated, it details the issues and successes this can result in. Setting up the context of the current legal orders in the Arctic, the book discusses Asian, indigenous and European perspectives, among others. There is a strong focus on the groundbreaking fisheries agreement of November 2017 in the Central Arctic Ocean (CAO), and the impact on both Arctic and non-Arctic actors. Interests in marine living resources, scientific cooperation and the Arctic shipping regimes and governance are also thoroughly discussed from multiple perspectives.

This book explores how international organizations (IOs) have expanded their powers over time without formally amending their founding treaties. IOs intervene in military, financial, economic, political, social, and cultural affairs, and increasingly take on roles not explicitly assigned to them by law. Guy Fiti Sinclair contends that this "mission creep" has allowed IOs to intervene internationally, most often in the Global South, in a way that has allowed them to recast institutions within and interactions among states, societies, and peoples on a broadly Western, liberal model. Adopting a historical and interdisciplinary, socio-legal approach, the author supports this claim through detailed investigations of historical episodes involving three very different organizations: the International Labour Organization in the interwar period; the United Nation's in the two decades following the Second World War; and the World Bank from the 1950s through to the 1990s. The book draws on a wide range of original institutional and archival materials, bringing to light little-known aspects of each organization's activities, identifying continuities in the ideas and practices of international governance across the twentieth century, and speaking to a range of pressing theoretical questions in present-day international law and international relations.

This book analyses the exercise of authority by the UN Security Council and its subsidiary organs over individuals. The UN Security Council was created in 1945 as an outcome of World War II under the predominant assumption that it exercises its authority against states. Under this assumption, the UN Security Council and those individuals were "distanced" by the presence of member states that intermediate between the Security Council's international commands and those individuals that are subject to member states' domestic law. However, in practice, the UN Security Council's exercise of authority has incrementally removed the presence of state intermediaries and reduced the Security Council's distance to individuals. This book demonstrates that this phenomenon has increased the relevance of domestic law in developing the international normative frameworks governing the UN Security Council and its subsidiary organs in safeguarding the rights, obligations, and interests of those affected individuals. This book presents how the UN Security Council's exercise of authority has been received at the domestic level, and what would be the international implications of the Security Council's extensive encounter with the actors who primarily reside in a domestic legal order.

This examination of the jurisdiction of international courts, and the admissibility of cases before them, analyzes jurisdictional and admissibility rules in light of the roles assumed by international courts in international life, and in light of the roles that jurisdictional and admissibility rules play in promoting the effectiveness and legitimacy of international courts. The theory pursued views jurisdiction as a form of delegation of power (the power to exercise judicial power and decide the law), and regards admissibility as a framework for deciding upon the propriety of exercising such power. On the basis of this theoretical framework, the author critically evaluates the exercise of judicial discretion in the existing case law of a variety of international courts, distinguishing between the category-based case selection implicit in jurisdictional rules and the case-by-case analysis and selection implicit in rules on admissibility.

The twenty-five years following the conclusion of the Cold War witnessed an unprecedented intensification of the usage of UN sanctions. This Research Handbook maps how UN sanctions multiplied and diversified during this period and analyses the substantive and procedural transformations to UN sanctions regimes, through the lens of international law. Expert contributors explore different types of UN sanctions regimes, most notably counter-terrorism regimes, counter-proliferation regimes and conflict-resolution regimes. They trace developments across these regimes, such as increased references to international legal standards in sanctions design and procedure as well as interplays with other processes and informal arrangements. Offering a holistic study of UN sanctions, this Research Handbook identifies cross-cutting issues and common challenges in order to provide an outlook on the future of UN sanctions in a 21st century setting.

International humanitarian law (IHL) protects persons and property affected by armed conflicts. Focusing on the controversies that impact IHL in practice, this much-anticipated book from leading expert Marco Sassòli discusses when IHL applies, its substantive rules, how to ensure its respect and whether the traditional distinction between international and non-international armed conflicts remains relevant. Sassòli draws on a depth of practical experience to provide invaluable insight and comprehensive guidance on the rules protecting certain categories of persons (for example, civilians, wounded, etc.) during conflict and the rules governing different types of conduct (for example, occupation, naval warfare, etc.). The book examines how these rules interact with other branches of international law, such as human rights and international criminal law, and how the rules are applied to non-State armed groups. Cross-cutting issues, including terrorism, autonomous weapons, cyber warfare, gender and cultural heritage, are also addressed, providing readers with a well-rounded view of IHL and associated concerns.

Starting from the question of how international law may protect the Pacific people from climate change, this book represents the original development of the international hybrid law concept, as the basic legal study of climate change from the environmental, human rights and refugee perspectives. From 2007 to 2012, the research conducted in the Pacific demonstrated that the most affected people by the gaps of international law are the vulnerable ones whose adaptation options are limited or exhausted, and are facing displacement. In this individual context of the Pacific islands, the book analysis the most important documents, relevant institutions and (political) actors, offering the readers, including students, the most appropriate legal analysis of the climate change impacts in the Pacific. The 2015 Paris Agreement, by recognizing human rights and human mobility in the context of climate change, confirms the hybrid legal approach described in this book as one of the future solutions in identifying and addressing international legal gaps by placing the people affected by climate change in the center of the discussion.

One Nation Under Drones is an interesting and informative review of how robotic and unmanned systems are impacting every aspect of American life, from how we fight our wars to how we play to how we grow our food. Edited by John Jackson, this highly readable book features chapters from a dozen experts, researchers, and operators of the sophisticated systems that have become ubiquitous across the nation and around the world. Press reports have focused primarily on unmanned aerial vehicles, officially designated as UAVs, but more often referred to as drones. This work takes you behind the scenes and describes how Predators, Reapers, Scan Eagles, and dozens of other pilotless aircraft have been used to fight the Global War on Terrorism. Chapters written by international law specialists and drone pilots with advanced education in ethics address these issues from both sides of the argument. The book also details how robotic systems are being used on land, in and below the seas, and in civilian applications such as driverless cars. One Nation Under Drones covers such a wide array of topics that it will be of interest to everyone from the casual reader seeking to know more about these systems to national security professionals, both in and out of uniform, who will be making decisions about their procurement and use in decades to come.

Tallinn Manual 2.0 expands on the highly influential first edition by extending its coverage of the international law governing cyber operations to peacetime legal regimes. The product of a three-year follow-on project by a new group of twenty renowned international law experts, it addresses such topics as sovereignty, state responsibility, human rights, and the law of air, space, and the sea. The manual identifies 154 'black letter' rules governing cyber operations and provides extensive commentary on each rule.

This collection of scholarly and critical essays about the legal aspects of the Vietnam War explores various crimes committed by the United States against North Vietnam: war of aggression; war crimes in bombing civilian targets such as schools and hospitals, and using napalm, cluster bombs, and Agent Orange; crimes against humanity in moving large parts of the population to so-called strategic hamlets; and alleged genocide and ecocide. International lawyer Richard Falk, who observed these acts personally in North Vietnam in 1968, uses international law to show how they came about. This book brings together essays that he has written on the Vietnam War and on its relationship to international law, American foreign policy, and the global world order. Falk argues that only a stronger adherence to international law can save the world from such future tragedies and create a sustainable world order.

The 2010 Kampala Amendments to the Rome Statute empowered the International Criminal Court to prosecute the 'supreme crime' under international law: the crime of aggression. This landmark commentary provides the first analysis of the history, theory, legal interpretation and future of the crime of aggression. As well as explaining the positions of the main actors in the negotiations, the authoritative team of leading scholars and practitioners set out exactly how countries have themselves criminalized illegal war-making in domestic law and practice. In light of the anticipated activation of the Court's jurisdiction over this crime in 2017, this work offers, over two volumes, a comprehensive legal analysis of how to understand the material and mental elements of the crime of aggression as defined at Kampala. Alongside The Travaux Preparatoires of the Crime of Aggression (Cambridge, 2011), this commentary provides the definitive resource for anyone concerned with the illegal use of force.

From ancient to modern times, sexualised war violence against women was tolerated if not encouraged as a means of reward, propaganda, humiliation, and terror. This was and is in defiance of international laws that have criminalised acts of sexualised war violence since the 18th century. Ad hoc international tribunals have addressed especially war rape since the 15th century. The International Criminal Court (ICC), however, is the first independent, permanent, international criminal court that recognises not only war rape but also sexual slavery and other sexualised crimes as crimes against humanity, war crimes, and acts of genocide in its statute and supporting documents. This book explores how the ICC definitions of rape and forced marriage came about, and addresses the ongoing challenge of how to define war rape and forced marriage in times of armed conflict in a way that adequately reflects women's experiences, as well as the nature of the crimes. In addition to deepening the understanding of the ICC negotiations of war rape and forced marriage, and of the crimes themselves, this volume highlights relevant factors that need to be considered when criminalising acts of sexualised war violence under international law.

The Hartford Guidelines on Speech Crimes in International Criminal Law are a comprehensive survey of individual criminal responsibility for harmful speech acts under international criminal law. The Guidelines offer a restatement of current international law concerning speech crimes with a view to assisting international agencies, national authorities and other actors contemplating appropriate regulatory responses to inciting speech and associated human rights violations.

The permanent five (P5) members of the United Nations Security Council - China, France, Russia, the UK, and the USA - have a firm duty to prevent genocide in light of the due diligence standard under conventional, customary, and peremptory international law. This perceptive book explores the positive obligations of these states to act both within and without the Security Council context to prevent or suppress imminent or ongoing genocide. John Heieck successfully argues why the duty to prevent genocide is not only a customary, but also an absolute norm of international law, and analyses the scope of the due diligence standard regarding the duty to prevent genocide. In doing so, he considers the ramifications of this on the actions of the P5 members of the Security Council, both inside and outside of this eminent body. Significantly, Heieck proposes a legal test for identifying jus cogens norms, and explores the effect of these on the actions and omissions of specifically identified members of the United Nations (UN).

Judge Mettraux's six-volume compendium, International Crimes: Law and Practice, will provide the most detailed and authoritative account to-date of the law of international crimes. It is a scholarly tour de force providing a unique blend of academic rigor and an insight into the practice of international criminal law. The compendium is unrivaled in its breadth and depth, covering almost a century of legal practice, dozens of jurisdictions (national and international), thousands of decisions and judgments and hundreds of cases. This first volume discusses in detail the law of genocide: its definition, elements, normative status, and relationship to the other core international crimes. Honorable Guenael Mettraux is currently an affiliate faculty member of Dickinson Law.

In Maritime Terrorism and the Role of Judicial Institutions in the International Legal Order, Md Saiful Karim offers a critical analysis of the role of judicial institutions in combating maritime terrorism. This book comprehensively examines the existing international legal framework for combating maritime terrorism and argues for a an updated framework to tackle modern threats. In particular, Karim highlights the important task of national courts in the prosecution of suspected maritime terrorists as well as the settlement of disputes arising from maritime terrorism. It fills in important gaps in the existing literature and proposes a path for the influence of international juridical institutions.

With the ad hoc tribunals completing their mandates and the International Criminal Court under significant pressure, today's international criminal jurisdictions are at a critical juncture. Their legitimacy cannot be taken for granted. This multidisciplinary volume investigates key issues pertaining to legitimacy: criminal accountability, normative development, truth-discovery, complementarity, regionalism, and judicial cooperation. The volume sheds new light on previously unexplored areas, including the significance of redacted judgments, prosecutors' opening statements, rehabilitative processes of international convicts, victim expectations, court financing, and NGO activism.

Africa and the ICC: Perceptions of Justice comprises contributions from prominent scholars of different disciplines including international law, political science, cultural anthropology, African history and media studies. This unique collection provides the reader with detailed insights into the interaction between the African Union and the International Criminal Court (ICC), but also looks further at the impact of the ICC at a societal level in African states and examines other justice mechanisms on a local and regional level in these countries. This investigation of the ICC's complicated relationship with Africa allows the reader to see that perceptions of justice are multilayered.

In 2018, Member States celebrated the 20th anniversary of the Rome Statute. As one of the Korean delegates to the Rome Conference in 1998 that established the International Criminal Court, the author is intimately familiar with matters related to its formation and subsequent development. This work, a leading authority for the practice and procedure of the ICC, addresses a host of difficult and common questions about the court and records legislative histories of important articles of the ICC Statute. Since publication of the first edition in 2007, there have been many important developments regarding the ICC. This new edition covers amendments to the Rome Statute that were adopted with respect to war crimes and the crime of aggression, which give the court jurisdiction over the most serious crimes of concern to the international community as a whole. It also includes important case law of the ICC.

Cultural defences, i.e. claims that certain aspects of a defendant's cultural background should be taken into consideration by courts when adjudicating on their guilt or innocence, have been raised before domestic courts in a variety of jurisdictions. This has been a very sensitive and controversial issue. However, the issue of cultural defences at international tribunals is one that has not yet been fully explored. The main objective of this book is to analyse if the International Criminal Court can, and should, accommodate cultural defences as answers to legal charges, or if the Court should accommodate cultural considerations in other ways.

Governance of Arctic Shipping: Balancing Rights and Interests of Arctic States and User States examines potential cooperative mechanisms for balancing rights and interests of Arctic States and user States in light of experiences with Southeast Asian cooperative mechanisms. This volume analyzes the applicable international regulatory framework with special attention to the roles of the International Maritime Organization and the Arctic Council. The rights, interests, positions and practice of Arctic coastal States are compared with those of user States, with particular emphasis on China, Japan and South Korea. The final chapters analyze cooperative arrangements in Southeast Asia, in order to explore if these could act as models to enhance cooperation among coastal States and user States in the Arctic.

Offering a robust analysis, this volume explores maritime disputes through the different lenses of political science, international law, history and geography, and introduces new approaches in particular to the four important disputes concerning Dokdo/Takeshima, Senkaku/Diaoyu, Paracels and Spratlys. Utilizing a comparative approach, this book identifies transnational trends that occur in the different cases and, therefore, at the regional level, and aims to understand whether the resurgence of maritime disputes in East Asia may be studied on a case by case basis, or should be analysed as a regional phenomenon with common characteristics.

This highly topical book considers the important question of how best to protect the environment of the Third Pole - the area comprising the Hindu Kush Himalayas and Tibetan Plateau - using the tool of international law; specifically, international environmental law and the law of international watercourses. Following detailed analysis of weaknesses in current legal protections according to comparative legal theory, Simon Marsden recommends three potential options for implementation by policy and lawmakers.The first option is to transplant existing international law, including conventions from the UN Economic Commission for Europe and the Council of Europe. Secondly, transplantation of a comprehensive international treaty, based upon the Alpine and Carpathian regimes, is suggested. The overwhelmingly European focus of the first two options, and possible contextual constraints to implementation, informs a third option: the development of a new treaty, giving appropriate attention to the Asian context on one hand, and the need for access of information and public participation on the other, to ensure effective implementation and compliance.