New Books

Is the current structure of international law still adequate to solve global problems such as child labour? This book argues for more coherence between human rights and trade law, analysing the world trade law compatibility of topical trade measures on (forced) child labour such as the US Tariff Act of 1930 or the proposal for an EU Forced Labour Regulation, mainly under the GATT non-discrimination principles and the policy exceptions clause. Discussing theories such as constitutionalism and pluralism, Franziska Humbert develops the idea of a New Legal Humanism as a cognitive frame for the global legal order.

Disciplines can no longer be isolated. Technology has rapidly evolved to the point that driverless vehicles have truly become a reality and are not something out of a futuristic exhibition from the 1950s. However, engineers and researchers working on the development of autonomous vehicles cannot ignore the policy implications and policymakers as well as attorneys cannot ignore the technology. We are at a point where cross-disciplinary collaboration is vital in order to produce a technology that will immensely benefit society. This is the goal of this book: to educate autonomous vehicle developers on legal theory at the most basic level. Both policymakers and lawyers may also find the book helpful in gaining a basic understanding of the technology the developers are working on. The 2nd edition will dive further into cyber security as well as provide legal hypotheticals to give a perspective to engineers or others working in the field. Additionally, it will focus more on liability,which has had some changes recently.

The twenty-first century is seeing a battle of ideas between different conceptions of governance: people-centred and party-centred. At the same time, scientific and technological developments are posing new challenges for human rights. This book identifies new dimensions in the international protection of human rights and makes the case for a new human rights diplomacy focusing on enlarging the area of common ground among governments and enhancing national human rights protection systems.

The war in Ukraine is fast approaching its second anniversary since its commencement on 24 February 2022 as a blatant aggression by Russia. As we discuss in detail in this book, there are multiple international legal issues that arise and require addressing. What is more, the very international legal order is under threat, insofar as the fundamental international law obligations are not being complied with and the basic international rules are utterly ignored. This book discusses a number of international law issues arising from the war in Ukraine. It covers not only the traditional subjects of war, such as jus ad bellum, international criminal law, and the law of neutrality, but also the relatively new issues arising from the economic sanctions against Russia, including aspects of the WTO law and international investment law. This book provides the readers with opportunities to reconsider the various legal aspects of the war in Ukraine.

This book offers a fresh approach to human rights by analyzing the role of institutional checks and balances, governmentalism and system's approach, intended for the prevention of human rights violations, the enforcement of human rights norms and rules, and important actors such as International Non-Governmental Organizations (INGO), and domestic Non-Governmental Organizations (NGOs). The book presents case studies that offer innovative, political, historical, and social perspectives on how the International Human Rights Regime (IHRG) is practiced. It critically examines the interpretation, inconsistency, and application of the human rights norms in the Global South, and shows how the national mobilization of human rights is directly affected by the interdependence existing between the national and the transnational levels. This book will be of key interest to scholars, students, and practitioners of human rights, and more broadly of comparative politics, international law, global governance, international and nongovernmental organizations.

This disquieting yet important book describes the injustices, humiliations, and brutalities inflicted on African Americans in a racist culture that was created--and protected--by the forces of law and order. Jim Crow Laws presents the history of the discriminatory laws that segregated people by race in the American South from the end of the Civil War through passage of the 1965 Civil Rights Act. To paint a true picture of these deplorable restrictions, this book provides a detailed analysis of the creation, defense, justification, and fight against the Jim Crow system. Among the subjects covered here are the origins of legal inequality for African Americans in the aftermath of the Civil War; the role of the U.S. Supreme Court in weakening constitutional protections against discrimination established in the 13th, 14th, and 15th Amendments; the white justification of segregation; and the extreme brutality of Jim Crow's defenders. Equally important, readers will learn about the psychological, political, social, and economic costs endured by the victims of Jim Crow inequality, as well as about the motivations, rejections, and successes faced by those who stood against these abominations.

This book provides a comprehensive analysis of the empirical and theoretical problems posed by the encounter between law and biology in the twenty-first century. How does biotechnology and new bioscientific knowledge affect our legal institutions, our sense of justice, and our ways of relating to one another? To answer these questions, authors Marc de Leeuw and Sonja van Wichelen examine the complex and often contested ways in which biotechnology and biological knowledge are reworked by, with, and against legal knowledge. As this book shows, recent developments in the life sciences--including molecular biology, immunology, and the neurosciences--and their applications in forensics, medicine, and agriculture test longstanding legal forms, such as property, personhood, parenthood, and (collective) identity, ultimately constituting the current field of "biolegality." The authors argue that these biolegal contestations represent philosophical and anthropological challenges to existing understandings of exchange, self, kinship, and community. By addressing how biology and law inform new ways of relating and knowing, the book proposes a programmatic intervention, asserting the pivotal role the study of biolegality plays in advancing social and political theory.

This is an open access title available under the terms of a CC BY-NC-ND 4.0 International license. It is free to read at Oxford Academic and offered as a free PDF download from OUP and selected open access locations. Leading multinational technology companies like Alphabet, Meta, Twitter, TikTok, and Microsoft now operate sprawling, complex systems to govern online behavior. These technical and bureaucratic infrastructures, commonly termed "content moderation" or "trust and safety," were developed in an effort to keep illegal and harmful material--such as child abuse imagery, hate speech, and incitement to extremist violence--out of sight and out of mind. But recently, they have been mired with scandal, and increasingly are in the public crosshairs. In The Politics of Platform Regulation, Robert Gorwa outlines how governments are shaping the emerging space of online safety. Through case studies from Germany, the United States, New Zealand, and Australia, and insights gleaned from ongoing policy debates in Brazil, India, and China, Gorwa explores the domestic and international politics that influence how, why, and when platform regulation comes into being. Going beyond existing work that explores the hidden private rules and practices increasingly shaping our online lives, The Politics of Platform Regulation is a measured empirical and theoretical account of how the state is pushing back.

The book considers the genealogy of the term gender identity and its entrance and development in international human rights law. Going against the prevailing narrative, the book explores the possibility of refashioning gender identity as a belief; this reframing allows the conflicting rights of women, children and LGB people to be protected and as well as the right of people to express their belief in having a gender identity incongruent with their sex

This vital book traverses the ongoing challenges faced by Indigenous peoples in the pursuit of their fundamental right to self-determination. Set against the backdrop of issues such as climate change, governance, space and data, it explores the intersection between Indigenous rights and land, territories and resources. Indigenous peoples are particularly vulnerable to the adverse effects of climate change, and Valmaine Toki outlines its critical impact on political and economic marginalization, loss of land and resources, and human rights violations and discrimination. She advocates for the meaningful inclusion of an Indigenous worldview within climate change approaches, governing bodies and a right to space. In the fast-changing world of artificial intelligence, Toki examines how Indigenous knowledge and data can be applied to ameliorate the adverse consequences of climate change, in doing so emphasizing the importance of Indigenous data sovereignty and governance. Thought-provoking and topical, this book is invaluable for students, scholars and policymakers involved in Indigenous rights, human rights law, climate change, and environmental governance and regulation.

Military uses in space are rapidly changing and expanding, challenging both states and non-governmental agencies in identifying and applying the governing rules. In the midst of these challenges, states, policymakers, and practitioners must engage with new, real circumstances in space, not merely hypothetical threats or problems. As a contribution to the understudied but crucial field, The Woomera Manual on the International Law of Military Space Activities and Operations is interdisciplinary in nature-- drawing on space law, national security law, technology, international law, and diplomacy.Thus, The Woomera Manual serves as the first comprehensive examination of the field. In it, all three phases of military space interactions are analyzed (during times of peace, tension or crisis, and armed conflict), with relevance to both the public and private space sectors. Utilizing meticulous research and focusing particularly on state practice, it explores the interaction of different legal regimes, including space law, the UN Charter, other treaty-based regimes, as well as international humanitarian law. Through an extensive consultation process with state and NGO representatives from across the globe, The Woomera Manual serves as a practical and reliable resource in the emerging field of space law. This book is a critical resource for any entity navigating the increasingly consequential subject of space operations by providing an outline for more predictable and peaceful cooperation.

This insightful Research Handbook discusses how exclusive intellectual property rights can affect inclusivity within individual, community and business contexts. It employs urban and rural frameworks to provide a multidimensional view of contemporary inclusivity and its relationship with intellectual property. The Research Handbook on Intellectual Property Rights and Inclusivitybrings together a carefully selected array of international experts to explore the significant challenges faced when fostering equal treatment for individuals and organisations, including freedom of expression disputes and potential difficulties when providing smaller platforms with market access. Contributors offer invaluable insight on the use of contracts as potential tools for inclusivity, and how enforcement can impact the well-being of diverse businesses, ranging from pharmaceutical ventures to insurance. Ultimately, this timely Research Handbook expresses how intellectual property rights impede on inclusivity to a significant degree. This Research Handbook will be imperative for academics and students focusing on commercial inclusivity, discrimination law and the legal dimensions of intellectual property. Due to its detailed analysis of methodology, it will also be a significant resource for researchers in these areas.

As environmental law continues to evolve at local and global levels, who are the actors informing its development and how are they engaging with news and other media to define what is possible? Observing the interlocking activities of journalists, activists, lawyers, scientists, government and industry can reveal the enactment of environmental law as part of a much wider struggle to bring visibility to and action on environmental issues. Interdisciplinary in approach and bringing together key concepts from media and communication studies and environmental jurisprudence, Green Lawfare provides a conceptual framework from which to identify and analyze how news and other media contribute to our expectations and hopes for the role of law during environmental conflict.

This comprehensive guide provides an overview of the rules and principles of estates and future interests, including concurrent estates, marital estates (including the modern elective share), and powers of appointment. It includes recent innovations from the Restatement 3d of Property, modernizing the law of future interests and dramatically changing the Rule Against Perpetuities. With respect to powers of appointment, the book incorporates the clarifications and modernizations of the law in the Restatement 3d of Property and the Uniform Powers of Appointment Act (2013, with subsequent amendments). The Seventh Edition is fully updated to take account of the latest developments, including the rise of optional community property and the use of community property trusts, as well as the growing number of states extending or abolishing the Rule Against Perpetuities. The book also has exercises, with answers at the back. Valuable for students in first-year Property and upper-year courses in Trusts and Estates.

Features original essays in honour of legal comparatist Pier Giuseppe Monateri. Will be of interest to legal comparativists, and law students and scholars. Global range of contributors, including leading scholars in the field.

America has always been a nation of laws. But today our laws have grown so vast and reach so deeply into our lives that it's worth asking: In our reverence for law, have we gone too far Over just the last few decades, laws in this nation have exploded in number; they are increasingly complex; and the punishments they carry are increasingly severe. Some of these laws come from our elected representatives, but many now come from agency officials largely insulated from democratic accountability. In Over Ruled, Neil Gorsuch and Janie Nitze explore these developments and the human toll so much law can carry for ordinary Americans. At its heart, this is a book of stories--about fishermen in Florida, families in Montana, monks in Louisiana, a young Internet entrepreneur in Massachusetts, and many others who have found themselves trapped unex­pectedly in a legal maze. Some law is essential to our lives and our freedoms. But too much law can place those very same freedoms at risk and even undermine respect for law itself. And often those who feel the cost most acutely are those without wealth, power, and status. Deeply researched and superbly written, Over Ruled is one of the most significant books of the year. It is a must-read for every citizen concerned about the erosion of our constitutional system, and its insights will be key to the preservation of our liberties for generations to come.

As the capabilities of Artificial Intelligence (AI) have increased over recent years, so have the challenges of how to govern its usage. Consequently, prominent stakeholders across academia, government, industry, and civil society have called for states to devise and deploy principles, innovative policies, and best practices to regulate and oversee these increasingly powerful AI tools. Developing a robust AI governance system requires extensive collective efforts throughout the world. It also raises old questions of politics, democracy, and administration, but with the new challenges posed by AI's growing influence on markets, governing structures, international relations, healthcare, science, and political activism. The Oxford Handbook of AI Governance delineates the scope of these issues and addresses the key questions of AI governance. Across forty-nine chapters, organized in nine major sections, the Handbook covers the theoretical and ethical foundations of AI governance, different frameworks for developing a governance structure for AI, practical perspectives on AI governance in different policy domains, economic analyses of AI governance, and concrete lessons about the impact of AI governance domestically and internationally. Chapter authors come from a wide set of disciplines, areas of study, and cultural backgrounds, providing a global perspective on AI governance.

This book provides a definitive account of the creation and rise of the international Indigenous Peoples' movement. In the late 1970s, motivated by their dire situation and local struggles, and inspired by worldwide movements for social justice and decolonization, including the American civil rights movement, Indigenous Peoples around the world got together and began to organize at the international level. Although each defined itself by its relation to a unique land, culture, and often language, Indigenous Peoples from around the world made an extraordinary leap, using a common conceptual vocabulary and addressing international bodies that until then had barely recognized their existence. At the intersection of politics, law, and culture, this book documents the visionary emergence of the international Indigenous movement, detailing its challenges and achievements, including the historic recognition of Indigenous rights through the adoption of the UN Declaration on the Rights of Indigenous Peoples in 2007. The winning by Indigenous Peoples of an unprecedented kind and degree of international participation - especially at the United Nations, an institution centered on states - meant overcoming enormous institutional and political resistance. The book shows how this participation became an increasingly assertive self-expression and even an exercise of self-determination by which Indigenous Peoples could both benefit from and contribute to the international community overall - now, crucially, by sharing their knowledge about climate change, their approaches to development and well-being, and their struggles against the impact of extractive industries on their lands and resources. Written by the former Chief of the Secretariat of the United Nations Permanent Forum on Indigenous Issues, this book will be of interest to researchers, teachers, students, advocates, practitioners, and others with interests in Indigenous legal and political issues.

This book provides a practical introductory guide to comparative law. Fernanda G. Nicola and Günter Frankenberg present and examine conventional and critical approaches to legal comparison, exploring its ramifications in the field and political effects. Comparative Lawbegins by outlining the theory and methodology of this critical legal practice. Chapters present real-world problems that the law faces in eight specific fields: property (informal property), contracts (specific performance), tort (wrongful birth), family law (same-sex marriage), administrative law (COVID-19 measures), constitutional law (veiling), legal transfers (gun control), and legal histories (indigenous property claims). Whilst examining various approaches to legal comparison, Nicola and Frankenberg crucially recognize how legal knowledge can be perpetually reconstructed, abstracted, and re-contextualized in diverse settings across space and time. Pairing real-world contemporary examples with established legal principles and practices, this book is an essential resource for teachers and students of comparative law and legal anthropology. Its practical case application will also be of interest to political scientists and journalists engaged in international legal regimes, problems, and solutions.

From renowned legal scholar Cass R. Sunstein, a concise, case-by-case guide to resolving free-speech dilemmas at colleges and universities. Free speech is indispensable on college campuses: allowing varied views and frank exchanges of opinion is a core component of the educational enterprise and the pursuit of truth. But free speech does not mean a free-for-all. The First Amendment prohibits "abridging the freedom of speech," yet laws against perjury or bribery, for example, are still constitutional. In the same way, valuing freedom of speech does not stop a university from regulating speech when doing so is necessary for its educational mission. So where is the dividing line? How can we distinguish reasonable restrictions from impermissible infringement? In this pragmatic, no-nonsense explainer, Cass Sunstein takes us through a wide range of scenarios involving students, professors, and administrators. He discusses why it's consistent with the First Amendment to punish students who shout down a speaker, but not those who chant offensive slogans; why a professor cannot be fired for writing a politically charged op-ed, yet a university might legitimately consider an applicant's political views when deciding whether to hire her. He explains why private universities are not legally bound by the First Amendment yet should, in most cases, look to follow it. And he addresses the thorny question of whether a university should officially take sides on public issues or deliberately keep the institution outside the fray. At a time when universities are assailed on free-speech grounds from both left and right, Campus Free Speech: A Pocket Guide is an indispensable resource for cutting through the noise and understanding the key issues animating the debates.

Includes bibliographical references.

International HIPAA, Privacy and Security Law Considerations addresses the old and new generations of cybersecurity laws, compliance requirements, and threats, which need to be considered in conjunction with the Health Insurance Portability and Accountability Act of 1996 (HIPAA) - a law that celebrated its 25th anniversary in August 2021 and continues to evolve. International cybercriminals have become more brazen, as attacks in 2021 and 2022 were aimed at children's hospitals - Boston's Children's Hospital and SickKids in Toronto, Canada. Actions like those perpetrated on children's hospitals, as well as other infrastructure considerations, such as the Colonial Pipeline prompted Executive Order 14028 - Improving the Nation's Cybersecurity, which called for the public and the private sectors to improve its prevention, detection, and correction of cyber risks and events. Government agencies, including the U.S. Department of Justice acted and implemented cyber-fraud and other cybersecurity enforcement initiatives. Cybersecurity risks continue to escalate. Now more than ever, healthcare industry participants - whether covered entities, business associates, or subcontractors - should utilize resources such as those set forth by the U.S. Department of Health and Human Services (HHS), Health Sector Cybersecurity Coordination (HC3).

This best-selling book provides concise, practical guidance to corporate directors in meeting their responsibilitites. The focus is on the role of the individual director in the context of the duties and functions of the board and its key committees: audit, nominating and governance, and compensation. This authoritative guide will help directors effectively fulfill their duties to the corporation.

Provide accountability and show your value, whatever the size and type of your library--law firm, corporate, government, or academic. Report your achievements, services, challenges, and goals. Learn why you should write an annual report, how to write an annual report, and what you must include. PLUS: a special section on writing your annual report after COVID."--Publisher's website.

This accessible and compelling Special Report introduces cultural humility, a lifelong practice that can guide library workers in their day-to-day interactions by helping them recognize and address structural inequities in library services.   Cultural humility is emerging as a preferred approach to diversity, equity, and inclusion (DEI) efforts within librarianship. At a time when library workers are critically examining their professional practices, cultural humility offers a potentially transformative framework of compassionate accountability; it asks us to recognize the limits to our knowledge, reckon with our ongoing fallibility, educate ourselves about the power imbalances in our organizations, and commit to making change. This Special Report introduces the concept and outlines its core tenets. As relevant to those currently studying librarianship as it is to long-time professionals, and applicable across multiple settings including archives and museums, from this book readers will  learn why cultural humility offers an ideal approach for navigating the spontaneous interpersonal interactions in libraries, whether between patrons and staff or amongst staff members themselves; understand how it intersects with cultural competence models and critical race theory; see the ways in which cultural humility's awareness of and commitment to challenging inequitable structures of power can act as a powerful catalyst for community engagement; come to recognize how a culturally humble approach supports DEI work by acknowledging the need for mindfulness in day-to-day interactions; reflect upon cultural humility's limitations and the criticisms that some have leveled against it; and take away concrete tools for undertaking and continuing such work with patience and hope.