New Books: January 2024

The Endangered Species Act of 1973 (ESA) is one of the most cherished and reviled laws ever passed. It mandates protection and preservation of all the nation's species and biodiversity, whatever the cost. It has been a lightning rod for controversy and conflicts between industry/business and environmentalists. In this volume, leading Endangered Species Act experts interpret and propose legislative and administrative changes to prepare the ESA for future challenges. They explore regulations on avoiding harm to and producing benefits for species, cooperation between state and federal agencies, scientific analyses, and the necessary politics to enact their ideas. This is a call to action to chart an enlightened future for the Endangered Species Act that embraces the nation's moral commitment of 50 years ago to address species extinction constructively, mindful of biodiversity, and as a fixture among the nation's values and needs. The interconnected web of life includes all living species that depend on each other for survival, us among them. The stakes--our very future--are too high to ignore.

The January 6th attack is an unprecedented crime in American history. Sprawling and openly political, it can't be handled by the traditional rules and norms of law enforcement--threatening the very idea of justice and its role in society. The attack on the Capitol building following the 2020 election was an extraordinarily large and brazen crime. Conspiracies were formed on social media in full public view, the law-breakers paraded on national television with undisguised faces, and with outgoing President Donald Trump openly cheering them on. The basic concept of law enforcement--investigators find criminals and serve justice--quickly breaks down in the face of such an event. The system has been strained by the sheer volume of criminals and the widespread perception that what they did wasn't wrong.  A mass of online tipsters--"sedition hunters"--have mobilized, simultaneously providing the FBI with valuable intelligence and creating an ethical dilemma. Who gets to serve justice? How can law enforcement still function as a pillar of civil society? As the foundations of our government are questioned, the FBI and Department of Justice are the first responders to a crisis of democracy and law that threatens to spread, and fast. In this work of extraordinary reportage, Ryan Reilly gets to know would-be revolutionaries, obsessive online sleuths, and FBI agents, and shines a light on a justice system that's straining to maintain order in our polarized country. From the moment the police barriers were breached on January 6th, 2021, Americans knew something had profoundly changed. Sedition Hunters is the fascinating, high-stakes story of what happens next.

The plot of the book is about how the rule of law functions to protect corporate structures that facilitate the commission of globalized fraud and abuse. The rules of law are used to dilute and hide accountability of high managerial agents and controlling persons, performing as a tool in aid of centralized and concentrated capital interests, devouring and destabilizing small-to-medium-sized companies. The theories and concepts developed in the book chapters are explored then applied to a real case and controversy--a mega-fraudulent bankruptcy in Argentina. In the zone of the world's largest grain manufacturing and exporting port complex, the VICENTIN SAIC default illustrates poignantly the premises of the book. The book will be a good tool to illustrate to students how globalized financial capitalism may perform predation of other actors in a given domestic real economy; what are the origins and abuses of corporate law in the transnational context; what factors influence the economies of emergent countries in Latin America; and what should be the protective role of law. These concepts can be learned and applied in higher education and post-degree students through this study of allegations of mega-fraud arising from the VICENTIN complex of companies based in Argentina, including consideration of the role of Glencore Ltd.

In this succinct, well-framed work, noted activist and scholar George Ngwane tackles the issue of minority language rights with alacrity. The book will offer those interested in linguistic rights insights into the dilemmas facing African countries, set against the backdrop of developments in the international framework for the promotion of linguistic rights. In drawing on Cameroonian policies of which he remains a key influencer, George Ngwane offers practical insights and bold solutions that should prove insightful for those tasked with determining the intricacies by which African development potential can be realised through measures that promote both the identities and the future socio-economic and development trajectories of their countries.

Brooke at the Bar is a candid, lively, and sometimes humorous autobiography by Brooke Wunnicke, the first woman to be a trial and appellate attorney in Wyoming and who went on to become a legal legend in Colorado. In conversational writing, Brooke provides insights from a lawyer, mentor, and educator. She advocates that, while not perfect, the United States has the world's best legal system and that all citizens need to understand and protect their rights, freedoms, and responsibilities.   Brooke shares vignettes of her early life--California in the Great Depression, college at Stanford, law school in Colorado during World War II, and the 1946 opening of her Cheyenne law office, a precedent for women in law. She vividly describes memorable and amusing experiences with clients, witnesses, lawyers, juries, and judges and explains some significant cases. She recounts important and dynamic events from her twelve years as Denver's chief appellate deputy district attorney, an era during which she was an inestimable mentor to many young lawyers who became prominent in the private and public sectors.   Brooke passionately believed "the law has been and will continue to be civilization's hope." In her book's final part, she demystifies many legal terms and procedures and describes the parts of a civil jury trial--including information for jurors and witnesses--and provides an enthusiastic and clear refresher on the US Constitution and Bill of Rights.   Brooke at the Bar is a unique and historically important contribution that will be of interest to general readers, scholars, and students interested in US law, political science, government, women's history, twentieth-century western history, civil rights, and legal communities, including those in Wyoming and Colorado, where Brooke was "at the Bar."  

Artificial Intelligence and Academic Integrity, by April G. Dawson, is Aspen's concise primer intended to increase student awareness of the protocols, possibilities, and ethical implications of using AI systems in their legal education studies, while also giving professors assurance that their students are informed of the same. AI is having a sudden and profound impact on the legal profession, as it has in virtually professions worldwide. Understanding how to leverage AI tools effectively and appropriately will give law school graduates a competitive edge among legal employers interested to hire tech-savvy young lawyers. But AI is also having a profound impact on the legal education experience. As more and more students seek assistance from ChatGPT and similar tools for their academic work, questions arise as to what they are gaining or sacrificing in the process; and whether, or at what point, using AI in academic work falls within the bounds of academic integrity. Such dramatic developments call for better knowledge and understanding of the ethical implications associated with using AI systems in law school. April G. Dawson explores the pros and cons of using powerful AI tools in law school while maintaining institutional standards for academic rigor and intellectual honesty in legal education--alongside students' own values and developing sense of legal ethics. Professors and students will benefit from: Assurance that AIAI raises student awareness of the importance of 1) using generative AI tools like ChatGPT responsibly; and 2) understanding how academic integrity facilitates learning and prepares students to become ethically responsible in the practice of law; 3) researching and reading their school's code of conduct, and 4) understanding the policies of individual professors with respect to the use of generative AI tools. Reflection: Professional Identity Formation (PIF), questions that prompt students to reflect on their own experiences with generative AI--both its useful applications for learning and practice, as well as the potential for using AI in ways that violate academic integrity and undermine principles of professional responsibility. Examples of individuals making choices and realizing the consequences of their decisions for a range of situations and ethical quandaries Case Studies feature summaries of recent landmark cases and discussion of law and policy. A concise overview of law-specific AI products, the tasks they perform, and the reasons for the legal profession's measured approach to adopting them Incisive discussion of the potential for generative AI's to significantly mitigate, though not fully address, the nation's access to justice crisis

This thoroughly-updated edition provides a comprehensive guide to the law of agency relationships, partnerships, and limited liability companies. In addition to detailed treatment of the key legal issues, the text also provides balanced analyses of the policies underlying the law. The reader thus comes away not only with a knowledge of the law but also an understanding of why courts and legislatures chose those rules. The text incorporates frequent references to the most up-to-date sources of the law, including those most frequently encountered in law school courses, such as the Restatement (Third) of Agency, the Uniform Partnership Act, and the Uniform Limited Liability Company Act. In addition, to account for the increasing dominance of Delaware as the state in which limited liability companies are formed, the new edition pays considerable attention to the Delaware Limited Liability Company Act.

This text provides authoritative coverage of the legal rules that govern the development of privately owned mineral rights in the United States, which often also apply to government-owned resources. It covers topics such as the nature, protection, and conveyance of oil and gas rights, leasing, and taxation. The 8th edition tracks recent developments in the law and continues to expand Appalachian coverage.

An honest exploration of the ethical dimensions of human rights work. Human rights work takes place everywhere, every day, and in every way, but good intentions don't always bring the intended results. Messy Ethics in Human Rights Work invites readers to engage in a series of overlapping conversations about the complex messiness of ethics in practice, and the implications for human rights work in academia and beyond. Contributors share their ethical dilemmas. How do they evaluate a situation and the ways to resolve it? Where do or don't they seek guidance? What might they do differently? This thoughtful work proposes that personal reflection and sometimes uncomfortable discussion are essential components of critical human rights practice.

In this report, the authors provide the U.S. Department of Homeland Security's Office for Civil Rights and Civil Liberties with analysis of the department's use of terminology in referring to people in certain racial, ethnic, national, and religious groups. The authors also identify ways to improve departmental documentation, processes and procedures and create an organizational culture that supports lasting implementation of updated terminology.

This book provides a novel approach to the study of international law and higher education. The book examines the issue of the recognition of academic qualifications through the prism of public international law, contending that such recognition depends in part on the credibility of the institution awarding the qualification. This book is the first study to be written from a public international law perspective on this topic. The first part of the book explore

In the aftermath of armed conflicts, genocide and other forms of systemic injustice, states - and increasingly international courts - must repair a large number of survivors of grave human rights violations. As part of a transitional justice process, such reparation should also enable societal transformation. This study offers the most comprehensive proposal for legal standards in this complex situation to date. It comprises interview-based case studies of the reparation programs in Sierra Leone, Colombia, and at the International Criminal Court, as well as theoretical reflections on the goals and role of reparation in transitional justic. With that, the study provides deep insights into the problems and opportunities of this instrument.

On June 24, 2022, the Supreme Court overturned Roe v. Wade, immediately stripping women of their constitutional right to abortion. The devastating effects of this decision can be seen as states begin to criminalize abortion. Abortion is now illegal in 16 states, and anti-abortion lawmakers in other states are rushing to follow suit, threatening to make abortion inaccessible to an estimated 33 million women across the country. The impact of this decision on women's health was almost immediate.

It is statistically unlikely that humans are the only intelligent species in the universe. Nothing about the others will be known until contact is made beyond a radio signal from space that merely tells us they existed when it was sent. That contact may occur tomorrow, in a hundred years, or never. If it does it will be a high-risk scenario for humanity. It may be peaceful or hostile. Relying on alien altruism and benign intentions is wishful thinking. We need to begin identifying as a planetary species, and develop a global consensus on how to respond in either scenario.

This book examines liability for environmental harm in Antarctic, deep seabed, and high seas commons areas, highlighting a unique set of legal questions: Who has standing to claim environmental harms in global commons ecosystems? How should questions of causation and liability be addressed where harm arises from a variety of activities by state and non-state actors? What kinds of harm should be compensable in global commons ecosystems, which are remote and characterized by high levels of scientific uncertainty? How can practical concerns such as ensuring adequate funds for compensation be resolved? This book provides the first in-depth examination and evaluation of current rules and possible avenues for future legal developments in this area of increasing importance for states, international organizations, commercial actors, and legal and governance scholars. This title is part of the Flip it Open Programme and may also be available Open Access. Check our website Cambridge Core for details.

In this original intellectual history, Anna di Robilant traces the history of one of the most influential legal, political, and intellectual projects of modernity: the appropriation of Roman property law by liberal nineteenth-century jurists to fit the purposes of modern Europe. Drawing from a wealth of primary sources, many of which have never been translated into English, di Robilant outlines how a broad network of European jurists reinvented the classical Roman concept of property to support the process of modernisation. By placing this intellectual project within its historical context, she shows how changing class relations, economic policies and developing ideologies converged to produce the basis of modern property law. Bringing these developments to the twentieth century, this book demonstrates how this largely fabricated version of Roman property law shaped and continues to shape debates concerning economic growth, sustainability, and democratic participation.

"Federal Rules of Evidence Manual is a treatise providing in-depth coverage of the Federal Rules of Evidence. It provides the following for each Rule: the complete, current text; a current explanation by experts on federal evidence rules; comprehensive descriptions of salient cases; and the relevant legislative history"--

Buy a new version of this textbook and receive access to the Connected eBook with Study Center on Casebook Connect, including lifetime access to the online ebook with highlight, annotation, and search capabilities. Access also includes practice questions, an outline tool, and other helpful resources. Connected eBooks provide what you need most to be successful in your law school classes. This hugely successful materials-and-problems book is acclaimed for its textual clarity, evenhanded perspective, and contemporary, up-to-date character. Easily distinguished from other property casebooks for its plain-language descriptions of legal doctrine; explanations of the social ramifications of our system of property law; emphasis on statutory and regulatory interpretation; comprehensive treatment of public accommodations and fair housing law, tribal property issues, and property in human bodies; and use of the problem method to teach legal reasoning and lawyering skills. Streamlined for more accessible teaching, the Eighth Edition has been thoroughly updated to reflect significant changes in the law of property, including in responses to the Covid-19 pandemic, in intellectual property, housing discrimination, regulatory takings, and more. Key Features: Updated to reflect significant changes in the law of property to help professors keep current and be aware of emerging disputes Streamlined to assist in making teaching from the casebook more accessible, without sacrificing coverage and depth New materials and problems have been added in an array of areas, including: The importance of race and slavery in shaping property law and distribution The impact of the Covid-19 pandemic on several core areas of property law Growing questions about the balance between public accommodations and religious liberty, including Masterpiece Cakeshop, Inc. v. Colorado Civil Rights Commission, 138 S. Ct. 1719 (2018) and its aftermath Emerging caselaw on the rights of people experiencing homelessness; Shifts in property rights emerging from marriage and non-marital intimate relationships; New materials on the law and practice of trusts and the impact of reproductive technologies Recent developments in tribal sovereignty disputes, including McGirt v. Oklahoma, 140 S. Ct. 2452 (2020) Developments in intellectual property, including in copyright and fair use Shifts in fair housing law, including developments involving landlord responsibility for tenant-to-tenant discriminatory harassment Recent Supreme Court developments in the realm of regulatory takings, including Murr v. Wisconsin, 137 S.Ct. 1933 (2017), Knick v. Township of Scott, 139 S. Ct. 2162 (2019); and Cedar Point Nursery v. Hassid (to be decided by the end of this Term) Professors and students will benefit from: Clear, concise, accessible coverage of core property doctrines, through caselaw, statutes, and regulatory materials Fully updated engagement with contemporary controversies in our system of property; and Excellent opportunities for problem- and exercise-based learning in every section

During the late nineteenth and early twentieth centuries, the divorce rate in the United States rose by a staggering 2,000 percent. To understand this dramatic rise, Elaine Tyler May studied over one thousand detailed divorce cases. She found that contrary to common assumptions, divorce was not simply a by-product of women's increasing economic and sexual independence, or a rebellion against marriage. Rather, thwarted hopes for fulfillment in the public sphere drove both men and women to wed at a greater rate and to bring higher expectations to their marriages.

Buy a new version of this textbook and receive access to the Connected eBook with Study Center on Casebook Connect, including lifetime access to the online ebook with highlight, annotation, and search capabilities. Access also includes practice questions, an outline tool, and other helpful resources. Connected eBooks provide what you need most to be successful in your law school classes. A concise edition of the legendary casebook, Property: Concise Edition, Third Edition is perfectly suited for use in a four-credit course. Jesse Dukeminier's trademark wit, passion, and human interest perspective has made Property, now in its Ninth Edition, one of the best--and best loved--casebooks of all time. A unique blend of authority and good humor, you'll find a moveable feast of visual interest, compelling cases, and timely coverage of contemporary issues. The updated third edition includes extremely relevant updates featuring: New Cases: Supreme Court cases--U.S. Patent Office v. Booking.com: This is a major new trademark case; Murr v. Wisconsin: takings case Other new cases--Commonwealth v. Magadini (Mass. S. Jud. CT. trespass case, replaces State v. Shack); Mund v. English (easement by estoppel case, replacing Kienzle v. Myers); more Note cases: City of Boise (recent 9th Cir. decision regarding rights of homeless persons to housing); Cowpasture River Preservation (2020 U.S. S. Ct. decision re easement or fee in Atlantic Coast Pipeline controversy); Friends of Danny DeVito v. Wolf (2020 Pa. S. Ct. decision re takings attack on temporary COVID business moratorium) New Topics: COVID-19: implications of COVID for various aspects of Property law, e.g., moratoria on tenant evictions, mortgage foreclosure, takings law Property rights of those experiencing homelessness Legal matters regarding shared housing/Airbnb African-American "heirs' property" and partition Revisions/Clarifications: Revised and clarified aspects of Chapter 10 (Servitudes) More on the Fair Housing Act Some new problems in Chapter 6 (Landlord/Tenant) New Photos and Graphics: Detailed graphics on redlining

Explores the critical role that American lawyers have played since the nation's founding and what the future holds for the profession The American legal profession faces significant challenges: the changing nature of work in the wake of the COVID-19 pandemic; calls for greater racial and gender justice; threats to democracy; the inaccessibility of legal services for the majority of Americans; the risk of obsolescence owing to the emergence of new technologies; and the disaffection many lawyers feel toward their work. Ambitious in its scope yet straightforward in its approach, Lawyer Nation seeks to address these crises by offering a path forward for the legal profession. Ray Brescia provides concrete ideas for transforming law into a field whose services are accessible, egalitarian, and viable in the long term. Further, he addresses how the profession can improve so that the health of its practitioners is not compromised in the process. If the legal profession does not respond to its crises in an effective way, he argues, the dysfunction and unfairness plaguing the legal world will deepen. This is an unprecedented opportunity for the world of law to reimagine its future in way that honors its highest ideals: preserving the rule of law, protecting individual liberty, and addressing social inequality in all of its forms.

Drawing upon oral and documentary evidence, this volume explores the lives of noteworthy Mi'kmaw individuals whose thoughts, actions, and aspirations impacted the history of the Northeast but whose activities were too often relegated to the shadows of history. The book highlights Mi'kmaw leaders who played major roles in guiding the history of the region between 1680 and 1980. It sheds light on their community and emigration policies, organizational and negotiating skills, diplomatic endeavours, and stewardship of land and resources. Contributors to the volume range from seasoned scholars with years of research in the field to Mi'kmaw students whose interest in their history will prove inspirational. Offering important new insights, the book "re-centres" Indigenous nationhood to alter the way we understand the field itself. The book also provides a lengthy index so that information may be retrieved and used in future research. Muiwlanej kikamaqki - Honouring Our Ancestors will engage the interest of Indigenous and non-Indigenous readers alike, engender pride in Mi'kmaw leadership legacies, and encourage Mi'kmaw youth and others to probe more deeply into the history of the Northeast.

A practical plan for providing legal help to all, regardless of resources Millions of people in the United States face legal problems without lawyers to help them. Why? How do we educate and inform the public about the law so they can understand when the services of a lawyer are necessary or desirable? When can individuals solve legal problems on their own or with the assistance of a specialist without a traditional law degree? In short, how do we democratize the law? Law Democratized offers a blueprint to increase legal help for everyone, regardless of their ability to pay. Building on more than a decade of research into innovation in legal services, the book advances a series of recommendations inspired by success stories from around the globe. Renee Knake Jefferson outlines different paths pursued by bar associations, courts, entrepreneurs, law schools, nonprofits, and others, evaluating the promise and pitfalls of each. She analyzes regulatory reforms employed in other nations, along with emerging efforts in a handful of US states. If the rule of law is the bedrock that American democracy rests upon, then the justice transformed system must be open and user-friendly to all. Law Democratized makes a compelling argument for transforming the American legal landscape through engaged citizenship, ethical innovation, expanded education, and regulatory reform, in order to democratize law and make legal help more accessible.

The 1995 WTO Agreement on Sanitary and Phytosanitary Measures (SPS) is concerned with trade and food safety regulation, and with the regulation of pests and diseases in agriculture. It establishes legal standards while affirming the right of each member to choose its own level of SPS protection. However, the question of whether the balance has been properly struck remains a matter of ongoing debate. The Commentary provides a detailed update of the first edition authored by Joanne Scott in 2007. It reflects 15 years of change in SPS case law and practice. It critically examines current issues such as use of experts in the dispute settlement process, applicable standard of review, or legal treatment of private standards in food safety. Moreover, the Commentary assesses the suitability of the current regime to address the existing needs of developing countries The commentary also examines how science-based criteria and the traditional GATT standards (non-discrimination and least-trade-restrictive means) are used to discipline national SPS measures. It explores the transparency obligations and procedural rules that govern control, inspection, and approval processes in importing countries. A separate section is dedicated to the operation of the SPS Committee as an arena for transnational governance in the SPS field. The book also investigates the agreement's attempt to establish a framework to draw together the diverse institutions and regulatory regimes already populating the food safety arena. Two new chapters are also included: one reviewing Article 5.7 SPS in greater detail, and one dealing with the SPS rules in selected regional trade agreements (the CETA, EU-Japan EPA, USMCA, RCEP, and CPTPP).

This seminal book delivers an international examination of the duty of medical confidentiality and a patient's right to privacy in the face of contemporary developments such as cyber-security, patient autonomy, and the greater reliance on telemedicine post the Covid-19 pandemic. Thierry Vansweevelt and Nicola Glover-Thomas bring together esteemed academics from across the globe to deliver an international perspective on medical confidentiality. Uniquely combining the concerns of patient privacy and data protection law, chapters are separated by global regions and outline a number of theoretical arguments supported by case-specific studies. Contributors assess which healthcare providers are bound by the duty of confidentiality, which information is secret, the exceptions to confidentiality, special cases such as genetics and privacy, and liability in cases of negligence. Privacy and Medical Confidentiality in Healthcarewill be of great interest to legal academics, students and researchers working in health law, data protection law and cyber law as well as scholars specialising in medicine and healthcare. The book's focus on effective healthcare and protecting patient privacy will also benefit legal practitioners and professionals working in healthcare, social care, and data management.

A clear and comprehensive overview of presidential impeachment from a leading expert in the field As a result of Donald Trump?s presidency, impeachment was once again thrust into the spotlight of American political discussion. However, its history goes back to the very founding of the nation, when American colonists, remembering their grievances against their former king, entrenched the process in their new Constitution. The Law of Presidential Impeachment breaks down both the law and politics of this process, providing a comprehensive, nonpartisan, and up-to-date explanation of the Constitution?s various mechanisms for holding presidents accountable for their misdeeds. Based on a lifetime of scholarly research, as well as unique experience as a witness and consultant in the impeachment trials of Bill Clinton and Donald Trump, Michael J. Gerhardt?s new book takes the reader back to the basics of presidential impeachments. Rather than provide reasons for or against impeaching particular presidents, he explains the law and procedures that govern impeachment, examining a number of significant, yet under-explored, issues and themes. Gerhardt offers new perspectives on the subject, arguing that it cannot be properly understood in a vacuum, but must instead be viewed in the context of its coordination with such other mechanisms as criminal prosecutions, censure, elections, congressional oversight, and the Fourteenth and Twenty-Fifth Amendments. The Law of Presidential Impeachment will be an invaluable, accessible guide for future generations, giving them a succinct yet remarkably nuanced understanding of this core aspect of our executive branch and overarching governmental system.

This is not a conventional book because the seed comes from the depth of the volcanic cauldron that awaits silently underneath the Lake Ilopango, the umbilical cord of our Humanity and yours. It is a scream, it is an offering, it is pain and it is love. It is a collective offering to those who are responding to a call of Liberation based on Indigenous Principles to protect and defend the land beyond theories, beyond rhetorical and metaphorical questions. This is a tiny-tiny glimpse into Lak'ech. A living testament that today, there are people buried on sand, on water, on air, on blood, among carcasses of bodies eaten by vultures-literally and metaphorically-a living testament of open wounds that heal and are traumatized again and again because you, the reader, the listener, the writer, the transcriber, the colonizer, the upholder of patriarchy and caste and class, the translator and the guardian of the door of the Master's House refuse to listen politically

What factors lead a people to commit the unthinkable against an entire population? What constitutes genocide? Can it happen in a democracy? Perhaps surprisingly, genocide continues to occur in the present day in places around the world. How can it be stopped? The enlightening viewpoints in this resource debate the finer points of genocide, including the murkier areas of mass brutality, ethnic cleansing, and war crimes. Students will gain a deep understanding of the topic through analysis of genocides throughout history.

The drastic impact of the COVID-19 pandemic highlighted many of society's systemic inequalities. This timely and prescient book explores the role that Intellectual Property Rights (IPRs) played in the pandemic and argues for developing a framework of sustainability, innovation, and global justice in IPR systems, to build a more globally sustainable regime. IPRs impact products and processes which address fundamental societal needs, yet innovation is largely incentivised by the granting of exclusive rights which can limit accessibility to new products and technologies. In light of the COVID-19 pandemic, Intellectual Property Rights in the Post Pandemic Worldadopts a cross-disciplinary approach to analyse the relationship between IPRs, sustainability, innovation and the circular economy. Chapters examine pressing issues concerning responding to crises, inventions, the circular economy, follow-on innovation and multi-stakeholder collaboration, among others, as possible ways to finance sustainability. Throughout, this book focuses on how the IP system was challenged by the events of the pandemic, with a view to understanding how IPRs can be used to promote progressive social and sustainable innovation in the future. This book will be beneficial for researchers in intellectual property law and development law along with practitioners and policy makers. It will also prove valuable for students with a particular interest in law, social sciences and public health.

This thoroughly revised edition of the Commentary on the Energy Charter Treatypresents a comprehensive overview of the latest trends surrounding this important international agreement. Providing a unique, article-by-article, textual analysis, updated chapters cover the full breadth of topics and developments of the Energy Charter Treaty (ECT), situated in the broader context of international economic law and governance. This edition also offers detailed coverage of the modernization process of the ECT, and carefully analyses important criticisms of the instrument. The ECT outlines a multilateral framework for cross-border cooperation in the energy sector based on the principles of open competitive markets and sustainable development. Expert contributors provide commentary and analysis on the five primary areas of the ECT: investment promotion and protection, trade, transit, environmental protection, and dispute settlement. The optional protocols are also addressed, including issues such as energy efficiency and the environment. Key Features: Comprehensive, article-by-article analysis of the ECT Contributions by 25 leading academics and practitioners in the field Updated coverage of the recent modernization process of the ECT Thorough examination of key trends and important criticisms of the ECT Refreshed and revised, this new edition will be an indispensable reference point for academics, students, lawyers, economists, and policymakers working in energy law and policy.

This ground-breaking book makes visible the global counter-movement for environmental justice, combining ecological economics and political ecology. Using 500 in-depth empirical analyses from the Atlas of Environmental Justice, Martínez-Alier analyses the commonalities shared by environmental defenders and offenders respectively. Each narrative emphasizes the diverse vocabularies, iconographies, and valuation languages of poor and Indigenous activists without losing sight of the global scale of climate action and biodiversity loss. Revealing the circularity gap at the centre of the industrial economy, the book focuses on the frontiers of commodity extraction and waste disposal. Alongside exploring protagonists and geographies of resistance, chapters delve into corporate irresponsibility, unequal trade, and feminist neo-Malthusianism. Although grassroots movements for socio-economic sustainability are deeply diverse, there are global patterns of action and empowerment. This book will be essential reading for students and scholars of environmental social sciences and humanities, anthropology, geography, international relations, and ecology. It will also help activists engaged in the movements for environmental justice.

This Advanced Introduction to International Water Law provides an overview of the key international rules, principles and institutions involved in the use and protection of shared international freshwater resources ... Chapters examine the emergence of the ecosystem approach to transboundary water management; the phenomenon of convergence, by which international water law borrows from (and contributes to) other fields of international law; and the emergence of the UN Sustainable Development Goals as a global driver for implementation of a universally accepted sustainable development framework for shared international water resources

For the past several centuries of Anglo-American legal thought, law has been paradigmatically understood as the product of the state. The state, operating through the legal and political institutions of its government, imposes law on the people who are its subjects. Over the same centuries, however, the development of international law and constitutional law has made the state itself subject to law. These systems of law for states necessarily work differently. For one thing, law for states must do without a super-state or government standing above the state, capable of creating and enforcing law. For another, the state is a unique kind of legal subject, calling for different behavioral models, moral standards, and regulatory techniques than those developed for ordinary people. It is precisely these differences that have long marked international law as a curious, and in many eyes dubious, form of law. Constitutional law, in contrast, has seldom been subject to the same doubts, or fully understood as different in kind from legal systems run by and through the state. As a result, constitutionalists have lagged their internationalist counterparts in coming to grips with the common project of making the state the subject rather than the source of law. By assimilating constitutional and international law as parallel projects of imposing law upon the state, and by highlighting the peculiarities of the state as a subject of law, this book aspires to close that gap, and to bring focus to Law for Leviathan as a distinctive legal form.

This fully revised and expanded sixth edition of Diplomacy, written by an internationally respected researcher and teacher of the subject, is richly illustrated with examples from the worlds of health and commerce as well as high politics. The instances included are mostly contemporary, but considerable historical background to the diplomatic methods themselves is always provided. Among other features, new to this edition is a list of topics for seminar discussion or essays, as well as annotated further reading at the end of each chapter.  Following a chapter on the foreign ministry, Part I of this book deals with the art of negotiation (prenegotiations, around-the-table negotiations, diplomatic momentum, packaging agreements, and following up); Part II covers conventional modes of diplomacy (embassies, telecommunications, consulates, secret intelligence by 'legals', conferences, summits, and public diplomacy); and Part III examines diplomacy in hostile circumstances (embassy substitutes such as representative offices and interests sections, special missions, and mediation). Students and educators of diplomacy will find much of value in the latest edition of this highly regarded and much-cited textbook.

This textbook, the first comprehensive comparative study ever undertaken, surveys and compares the world's ten largest diplomatic services: those of Brazil, China, France, Germany, India, Japan, Russia, Turkey, the United Kingdom, and the United States. Chapters cover the distinctive histories and cultures of the services, their changing role in foreign policy making, and their preparations for the new challenges of the twenty-first century.