New Books

Mechanisms for individuals to bring claims under international law have become increasingly common in recent decades, particularly in human rights and investment law. Nonetheless, when the International Law Commission codified the law of State responsibility, it largely ignored the bringing of international claims by individuals, and the relationship between such claims and those brought on the interstate level. Overlapping Individual and Interstate Claims in International Law is the first dedicated monograph examining this relationship - one that is of mounting importance on both a practical and theoretical level. This work provides a comprehensive survey of the potential for overlapping individual and interstate claims to arise. It underlines issues of fairness, consistency, and interference with autonomy that can result when multiple claimants vie to have their claims determined before different forums. The author analyses in detail how treaty provisions and various rules and principles of international law can be expected to regulate such overlapping claims, considering, among others, the local remedies rule, the rule precluding double recovery, res judicata, waiver, and certain circumstances precluding wrongfulness. The book clarifies the nature of international claims, including in the theoretically muddled field of diplomatic protection, and highlights undertheorized foundations of topical debates concerning the use of countermeasures and self-defence outside of the interstate arena. It concludes with a human rights-oriented proposal for resolving the complex policy issues to which these overlapping claims give rise.

The Award in International Investment Arbitration is a comprehensive study of the international investment award, which serves as a unique reference work and an authoritative one-stop resource on the topic for both practitioners and academics. The book reviews the award in a holistic manner: from award drafting to the procedural principles that govern it; from arbitral deliberations and tribunal dynamics to post-award challenges; from the role of gender in decision-making to the impact of tribunal secretaries. It puts emphasis on the practitioners needs with a careful selection of hands-on topics, such as fact-finding in complex disputes, the role of experts, and legal reasoning and persuasion. Sensitive to contemporary challenges, the book addresses both existing questions that have evolved over time and novel topics that have not yet received sufficient attention, such as the impact of technology on award drafting. By bringing together the biggest names in the contemporary investment arbitration scene - a unique line-up of highly-qualified arbitrators and experts from academia and international legal practice - The Award in International Investment Arbitration offers a singular reservoir of knowledge and experience on the topic, drawn from a diverse set of angles and perspectives.

A guide for business leaders working to create socially conscious, sustainable companies--while pursuing profits Amid growing international concerns about income inequality, labor abuses, racial injustice, and disinformation online, Conscience Incorporated examines the gaps in current corporate social responsibility measures and what more needs be done to address these challenges. The rise of new technologies such as smartphones and social media have made it easier than ever to document and spread awareness of corporate actions. Despite these developments, large corporations often fail to meaningfully address the human rights abuses linked to their business models and practices. In Conscience Incorporated, Michael Posner addresses what lies at the root of these challenges, drawing on his extensive personal experience as a human rights lawyer, State Department official under President Obama, chair of the Fair Labor Association and Director of the Center for Business and Human Rights at NYU Stern School of Business. Drawing from research into the history of business ethics and anchoring his argument with examples of companies publicly accused of human rights abuses--Nike, Coca-Cola, Walmart, Meta, and more--Posner provides a blueprint for global business leaders to navigate human rights challenges and adopt sustainable corporate practices. Conscience Incorporated highlights the need for increased protections for outsourced workers in faraway nations, greater attention to harmful online content, and prioritization of human rights by investors. He argues that growing public awareness has not been enough to enforce ethical practices for global businesses. As a result, governments, especially in Europe, are becoming more involved in regulating global business practices in various industries. Posner proposes a series of concrete reforms and argues compellingly for why businesses need to devote greater time and resources to protecting basic human rights. Conscience Incorporated is a powerful challenge to the status quo and advocates for a fundamental shift in the principles that govern global businesses.

Many ask if R2P is legally binding or not. By following the development of R2P from 2000-2022 and governments interactions with it throughout those years internationally, regionally and nationally, a perspective is given regarding its development as a norm within international law. The state practice and opinio juris of countries from different regions, representing varying perspectives, and the application of R2P throughout those years, provide the reader with insights on where R2P stands after more than 20 years of being part of the international fora.

This book provides a comprehensive analysis of the illicit practice of football trafficking, focusing on the exploitation of underage African players being transferred to Europe. It delves into the broader context of human trafficking, examining relevant international laws and their application to football. Through critical analysis of FIFA's regulatory framework, the book questions the effectiveness of the organisation's current anti-trafficking policies and proposes actionable solutions for reform. By integrating theoretical insights with practical recommendations, the book outlines strategies such as Sport for Development and Peace (SDP) programmes and child-centred approaches to protect vulnerable young athletes and address some of the core factors that drive the occurrence of the crime. This book is an essential resource for scholars, policymakers, legal professionals, and stakeholders in the sports industry. It offers valuable insights into the complex interplay between sports, law, and human rights, making it particularly relevant for those interested in sports law, international law, and human trafficking prevention. Readers will benefit from the book's in-depth exploration of the regulatory challenges at play and the array of proposed remedies, giving readers a deeper understanding of how to create a safer and more ethical environment for the at-risk youths involved in football globally.

This book helps to bridge the knowledge gap that currently surrounds space technology and its method of exploration and highlights much-needed awareness and attention to an increase in Space Law and sustainable measures. The ever-increasing usage of space-based solutions by both public and commercial entities is producing congestion in the radio frequency spectrum as well as orbital slots. The inevitable commercialization of satellite technology will certainly result in a proliferation of privately owned and managed satellite spacecraft in low-Earth orbits. Cyber vulnerabilities in the Air Force and the DoD frequently ignore satellite ground systems. Space ground system cyber security assaults and investigations include those involving satellite control, communications terminal hacking, and GPS spoofing. A continuous cyber security assessment technique is required for space systems to identify, assess, reduce, and address sophisticated cyber threats. Risk-based compliance, regular cybersecurity risk assessments, and a renewed focus on the elimination of system flaws at the time of design are all necessary for space ground and control systems. Due to the absence of a rigid regulatory framework, satellites play a significant part in the production of space debris, which is a source of increasing worry. Such debris manufactured artificially contributes greatly to the destruction of the environment in Earth's orbit. There is not a single framework in existence that can appropriately govern contemporary concerns like the security of satellite data and debris in orbit. The Department of Defence (DoD) is now responsible for monitoring all objects in space; however, it cannot require satellite operators to take precautions against potential collisions.

"For readers interested in the history of science, Indigenous studies, Latin American studies, and studies of empire and colonialism, this volume offers a revisionist history of research encounters in the human sciences in imperial and colonial contexts in the Americas and the Pacific. This title is also available as Open Access on Cambridge Core"--

In the context of the break-up of the Soviet Union and Yugoslavia, the independence of Montenegro and the unification of Germany, can a new State be held responsible for wrongful acts committed before its independence by the predecessor State? This book is the most comprehensive analysis of State practice, case law and scholarship identifying the factors and circumstances under which the rights and obligations arising from wrongful acts committed before independence can be transferred to a new State. This updated and revised second edition covers new developments, including the recent works of the International Law Commission and the Institute of International Law.

This thoroughly updated second edition presents a comprehensive legal perspective on the inherently interdisciplinary field of children's rights. Chapters provide an article-by-article analysis of the Convention on the Rights of the Child, including its Optional Protocols, as well as contextualised advice on the interpretation and implementation of its provisions. The Commentary critically engages with the Convention, exploring its position within the wider context of human rights law and other multidisciplinary fields such as the sociology of childhood. This second edition includes a revised introduction focusing on contemporary challenges and opportunities for children's rights, new material on children in conflict with the law and the individual complaints procedure, and updated discussions of recent case law in regional human rights systems. Drawing on global perspectives, this new edition is an invaluable resource for students and researchers in family law, human rights, public international law and the sociology of law. It will also be of great interest to practitioners and policymakers in children's services, education, social work, psychology and healthcare.

This book adopts a novel approach to the social question of restitution and repatriation of sacred cultural property and heritage acquired unethically during the colonial era. It uses an approach premised on better integration of law, ethics, history, anthropology, and provenance research. To bridge the material and the sacred world in adjudication and policy formulation, a common definition of what the 'sacred' denotes in the context of colonial legacies is adopted as a viable methodology. 'Sacred' loot in private and public collections is defined based on clues imparted by disputes which are paradigmatic of the fragmentation that envelops the material, the systems of knowledge associated with that material, the structure and method of international law, subject specialisations, and the legal frameworks in play. The book suggests that the Parthenon Sculptures dispute and the parallel transnational litigation in the Zhanggong Zushi Statue cases offer practical approaches for deconstructing hurdles and assumptions concerning historical claims in the secondary legal norms and tenets of PrIL. It will be of interest to researchers interested in interdisciplinary work across the humanities and social sciences, including public and private international law, cultural property law, heritage law, and provenance research and practice.

While full- and part-time college faculty and lecturers go about their jobs--doing all that is seen (teaching and publishing) and unseen (class prep, grading, and researching)--little, if any time is given to the uncomfortable acknowledgment that those acts have legal ramifications. Navigating Choppy Waters: Key Legal Issues College Faculty Need to Know thoughtfully addresses topics that are vital for those in academia.

A tribute to the power of self-determined stories. This dynamic collection spotlights the relational and political desires of Indigenous, African, and Afro-Indigenous people to overcome historical genocide, displacement, and disposability in an imperialist culture and nation. Activists, organizers, and academics gather to interrogate capture, care, environmental justice, sovereignty, and resistance. Engage is an invitation to interrogate everything, a toolkit to build a future free from the harmful legacies of colonialism, racism, and genocide.

This latest edition of Depositions in a Nutshell provides comprehensive descriptions and concrete illustrations of effective strategies and techniques for taking and defending depositions. The resource is useful for both inexperienced attorneys getting their first exposure to depositions as well as experienced attorneys looking to sharpen their deposition skills. Additionally, the book can serve as a text for a stand-alone depositions course or as a supplement to a civil pre-trial lawyering course or any live client clinical course that provides students with opportunities to take or defend depositions. It devotes separate chapters to such fundamental skills as obtaining helpful answers to critical questions, undercutting harmful testimony, uncovering a deponent's version of significant events, and dealing with evasive deponents. The book provides insight on how to handle objections, utilize exhibits during a deposition and prepare a client to be deposed, as well as how to conduct some of the most common depositions including depositions of entities and expert depositions.

This authoritative text provides a framework for understanding individual liberty and governmental power and the institutional role played by the Supreme Court of the United States. The comprehensive coverage in this new and improved edition includes all the major topics: judicial review; commerce clause and state powers; federalism; separation of powers; congressional and executive powers; and individual civil rights and civil liberties. It includes diagrams that aid understanding of the fundamentals of our system of government. A chapter samples all the academic literature on the subject in condensed form. An appendix summarizes the case law found in all the casebooks in a straightforward manner to provide an overview and to aid in review for the final examination. Extremely accessible and comprehensive -- this is a paperback course in American Constitutional Law -- your own personal tutor.

This book offers a concise, knowledgeable guide to administrative law. In straightforward, readable prose, the authors not only summarize the dominant statutes and case law in the area, but also discuss informal administrative processes and the background realities of the regulatory state. Students can use the book as a complement to any major casebook, and practitioners will also find it an excellent brief introduction to this complex and important subject.

The story of the commercialization of biology by a pioneer in biotechnology patenting Shortly after the emergence of genetic engineering in the 1970s, academic biologists were courted by venture capitalists and multinational companies. Researchers who understood the new biology of the time went from being merely curious about how the natural world functioned to realizing that they could profit from their newfound recognition. As they were inventing all sorts of newfangled organisms, biologists became acquainted with intellectual property. Patenting Life provides insights into legal fights over patented microbes, virus-resistant crops, ownership of body parts, and the patents they engendered. Covering the early days of recombinant DNA science to the present, Goldstein shares cases from his own career and those of others involving blockbuster biological drugs, aseptic mosquitoes, genetically engineered cows, and CRISPR, the modern gene-editing technology that promises to vanquish congenital diseases such as sickle cell anemia. He also addresses the perceived downsides of the patent system: the high prices of drugs, international access to COVID-19 vaccines and other medicines, and the ascent of genetically modified crops. Patenting Life will appeal to readers interested in science and technology and also those interested in laws promoting innovation.

Malevolent Legalities draws upon archival research conducted at the Scalia Papers at the Harvard Law School Historical and Special Collections to examine the influence of Justice Antonin Scalia's judicial philosophy of "textualist-originalism" on the US Supreme Court's antidiscrimination jurisprudence. The book focuses on six US Supreme Court cases, organized into two parts. The main argument of the book, grounded in archival and legal materials, is that textualist-originalism makes it lawful for discrimination to be performed through the text, and explicitly seeks to prevent progress by enacting a regime of "static law." In Shelby County v. Holder (2013), Justice Ginsburg remarked that discrimination today behaves like the Hydra, the many-headed serpent in Ancient Greek mythology which regenerates each time its head is severed. The analysis of archival and legal materials is therefore prefaced by the development of a unique methodology for studying discrimination called discriminatology, understood as a framework for analyzing how discrimination persists through time, is performed through the text, and is a product of the manipulation of legal speech. In this way, Malevolent Legalities approaches the study of textualist-originalism as itself a vehicle for discrimination performed mala fide or "in bad faith."

This book explores the nature of liberal property in the twenty-first century. It contains three parts. The first examines how we have arrived at the liberal concept of property--what many scholars call the 'bundle of rights' metaphor of property. This part argues that the liberal conception embodied in the bundle of rights metaphor is really a way of masking or hiding what property really is: an exercise of ego about the way goods and resources are used. Or, put another way, it enshrines the ability to suit personal preferences about the way things are used, rather than what might better serve the common good. The second part provides an important modern critique of the bundle of rights metaphor--that, in addition to being a collection of rights, property is also about social relations that exist between people. Through these social relations, which are contained in law, any decision that a person makes about how to use a good or resource necessarily carries implications for others. While those effects can be both positive and negative, we are much more familiar with the latter, including most of the global challenges we face today--climate change, extreme weather, global hunger, and global poverty. Taking those global challenges as its focus, the final part of the book suggests possible futures of property in which it is reconceived in ways that reduce the potential for negative impacts on others.

This collection explores the relationship between the state and private law. It does this by addressing four overlapping questions, beginning by asking why states recognise and enforce private law obligations and liabilities. It goes on to ask how the state as a legal actor is subject to private law. The third question explored relates to the relationship between private law and public law. Finally, it examines the role of the public interest in private law. With the perspectives of world-leading commentators from both academia and the judiciary, this book provides a fascinating assessment of a crucial but complex relationship.