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The intervention of States in legal proceedings touches upon some of the most beguiling questions in international dispute settlement. These include questions of treaty interpretation, obligations erga omnes, the sources of judicial power and rulemaking, the nature of incidental proceedings, the Monetary Gold doctrine of indispensable parties, cross-fertilization between judicial and arbitral bodies, and principles of jurisdiction, party autonomy, and res judicata. As jurists and scholars tend to address these questions in isolation, however, each development in third-State practice has raised unimagined issues of first impression-such as the 2022 declarations of dozens of States exploring mass intervention before the International Court of Justice in Ukraine v. Russia, and the participation of neighbouring States without China's presence in the 2016 South China Sea arbitration. By applying conceptual, comparative, and historical approaches to international justice, this book instead offers a uniquely holistic assessment of the practice and prospective development of intervention.
This book offers a long overdue rethinking of international criminal law by challenging dominant compliance-based approaches and illuminating the power structures that shape global justice. Bringing together critical, interdisciplinary perspectives, it centres Global South voices; particularly African experiences, to reveal how international criminal law operates within, and often reinforces, global inequalities. Through in-depth analysis of key cases, institutions, and legal frameworks, the book introduces and extends innovative concepts such as Afrotopia, offering holistic ways to understand and reimagine accountability beyond conventional models. It speaks directly to pressing debates on sovereignty, justice, and legitimacy in a pluralised world. Ideal for students, researchers, and practitioners across law, global governance, politics, and related fields, this book provides both critical insight and forward-looking solutions; making it an essential resource for those seeking a more inclusive and equitable vision of international criminal justice. This title is also available as open access on Cambridge Core.
The little things can cause the greatest harm. Death by a Thousand Clicks explains the connection between click-to-agree terms of service (TOS) and harmful social and economic changes that have accompanied the growth of the internet. The book explains how these digital adhesive terms are more than annoying fine print – they are powerful tools of technocapitalism. Small, seemingly inconsequential clicks aggregate into massive transfers of wealth and power and reshape our norms, our relationships, our beliefs, and even our bodies. Click-by-click, terms of service consolidate corporate power, erode individual autonomy and well-being, and reshape political institutions, society, and humanit y in profound and irreversible ways. Death by a Thousand Clicks meets the current moment by providing readers with a new analytical framework for understanding Big Tech power beyond privacy and monopoly concepts.
Why does inheritance law persist in modern legal systems, and what justifies the transmission of property beyond death? This book develops a holistic theory of inheritance grounded in the concept of continuity. It moves beyond traditional accounts centered on testamentary freedom or family protection and argues that inheritance law responds to a fundamental problem created by mortality: the disruption of ownership at death. The book offers a theory that explains both testamentary freedom regimes and family-protection systems as alternative forms of continuity. It therefore enables a comparative analysis of different systems. It also advances a normative conception of continuity as a collaboration between the deceased giver and surviving recipients and, based on this conception, offers concrete criteria for evaluating legal doctrines across jurisdictions. Bringing mortality to the center of property theory, this work provides a coherent, comparative, and normatively rich account of inheritance law for scholars, students, and legal theorists.
Infrastructures, such as the roads that connect our cities and the water mains that deliver to our homes, serve as the backbone of society. This book investigates how policymakers can improve infrastructure procurement in the face of strategic behavior and incomplete information. Focusing on Public-Private Partnership (PPP), the book develops a theoretical framework for modeling contracts that avoid corruption and unnecessary renegotiation. The book employs tools from mechanism design, principal agent theory, and restless bandits to address possible challenges in PPPs, offering comprehensive examples of how to design models to leverage insights in real-world scenarios. The book also examines the limits of incentive design and scenarios where its power is limited. Readers will be able to directly apply these models to their research and practice and use the theories and techniques presented in the book to build their own models and inventive solutions for complex PPP problems.
Americans suffer greatly from political extremism. But while people agree about the existence of the problem, they come to different conclusions about its causes. Observers cite presidential overreach, congressional gridlock, judicial partisanship, and other obstacles to good governance. In Making America a Democracy Again, David Orentlicher identifies a critical concern – the winner-take-all nature of American politics. In the United States, even when the public is closely divided, the prevailing candidate gains the entire power of the office. Thus, for example, presidents exercise all the immense authority of their office no matter how small their margin of victory. Orentlicher argues that winner-take-all politics is fundamentally unfair in a country that promises a government for all the people. The book proposes reforms to ensure that power is shared and elected officials work together to promote the welfare of all, drawing insights from American history and contemporary European countries for solutions. This title is also available as Open Access on Cambridge Core.
Our current world order is in a period of rupture, marked by increasing geo-political competition. This rupture has entirely upended Europe's place in the world, leading it to seek greater strategic autonomy on the world stage. This book is devoted to exploring the impact of these momentous geo-political changes on Europe's legal order. As the book demonstrates, the search for strategic autonomy is increasingly upending many of our key assumptions about EU law, altering its goals, its constitutional underpinnings and key elements of its substantive law. Examining key emerging fields of EU law and policy, as well as the relation between the European, US, Chinese and international law orders, this book provides a first mapping of the emerging geo-political Europe and its reformed legal architecture. This title is also available as open access on Cambridge Core.
Ruling Racial Quotas Constitutional explores a 2012 decision in which the Brazilian supreme court unanimously upheld racial quotas for university admissions in a striking victory for Black social movements. Drawing on legal records, public hearings, and amicus briefs, the book reveals how Black activists shaped the court's reasoning which produced a transformative intersectional quota system for the racially and socio-economically disadvantaged. Interdisciplinary in scope, it combines history, law, discourse analysis, and politics explore the strategies of Black activists to persuade the court and open a path to constitutional and legislative innovation. Essential for scholars, students, and legal practitioners, it shows that the intersection of collective action and the law can produce substantive change even in highly unequal societies. The book also highlights the distinctive interpretations of equality, race, and social justice held by the Brazilian Supreme Court as it gained centrality in national politics in the 21st century.
Cable Empires uncovers the hidden communications infrastructure that helped shape the international legal order. From submarine telegraph cables to the fiber-optic systems that underpin today's digital economy, global communication networks linked distant territories, reshaped knowledge, and transformed governance across empires, markets, and states. Cable networks unsettled conventional understandings of jurisdiction and sovereignty, while enabling new forms of political and economic power beyond territorial borders. At the same time, their construction and operation depended on Indigenous labor, resource extraction, corporate and state capital, territorial access, and international law. Bridging international law, history, and science and technology studies, Cable Empires offers a new account of how communications infrastructure and technology were intertwined with the development of the international legal order. In an era marked by struggles over digital sovereignty and geopolitical rivalry, it offers insight into the material and historical foundations of contemporary power and the legal arrangements that sustain them.
International institutions, from the WTO to the UN Security Council, face mounting legitimacy challenges. Reforms promising greater procedural fairness are frequently proposed as solutions, but do they actually work? 'After Reform' provides the first systematic empirical answer to this question. Drawing on an original dataset of more than 9,500 legitimacy statements made by member states across three major institutions, Vegard H. Tørstad evaluates how procedural-fairness reforms shape states' perceptions of institutional legitimacy over time. Through in-depth case studies of participation reform in the UNFCCC climate negotiations, impartiality reform in GATT/WTO dispute settlement, and transparency reform in the UN Security Council, this book shows that reform effects are real but uneven — and identifies the conditions under which reforms are most likely to succeed. With multilateralism under unprecedented strain, 'After Reform' offers acutely timely new theoretical insights and concrete policy lessons for how to design international cooperation.
Regulating water scarcity engages with a core challenge posed by a changing climate: how can we use legal rules to alleviate water scarcity and drought? Based on interview data, this book examines how managers of water resources – in water companies and environmental regulatory agencies in England and Wales – draw on distinct ideas of evidence when applying legal rules. The book develops its account of evidence as organization in the context of a critical analysis of academic literature about regulatory spaces, the co-production of law with science, Foucaultian ideas about information resources, and the 'rules of the game' that inform how organizations take actions. The book's approach to 'water law in action' includes a comparative perspective that introduces selected features of regulating water scarcity and drought in Australia, China, California and the Colorado river system, Germany and Spain. This title is also available as open access on Cambridge Core.
Addressing not only inter-state dispute settlement but also the settlement of disputes involving non-State actors, The Peaceful Settlement of International Disputes offers a clear and systematic overview of the procedures for dispute settlement in international law. It covers both diplomatic and legal means of international dispute settlement, focusing on the interaction between the two categories of dispute settlement means. In particular, the book thoroughly examines the law and practice of the International Court of Justice, International Tribunal for the Law of the Sea, and inter-State arbitration. It also addresses the settlement of international environmental disputes, which is increasingly important in the international community, and the WTO dispute settlement system. The 2nd edition has been updated by adding new cases and materials to address the latest developments in the field, including the ICJ, ITLOS, WTO, and the United Nations.