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Intellectual property (IP) rights have long faced strong legitimacy criticisms. As the vaccine debates during the COVID-19 pandemic showed, IP is often seen as a problematic asset of powerful private companies and developed economies. This book addresses these criticisms by focusing on a renewed interpretation of the TRIPS – the key international treaty for IP. By combining international law analysis and political theory, this work presents the TRIPS as the structuring agreement of the international IP regime rather than treating it as a technical trade instrument. Drawing on the ideal of freedom defined as protection against domination, the book develops a legal philosophy of the TRIPS, revisiting its foundations and proposing a renewed interpretation of its key norms. This reframing highlights how the treaty can potentially provide consistency and foreseeability in a conflict-ridden global multilateral trade system where weaker trade partners are often at a disadvantage. This title is also available as open access on Cambridge Core.
The book provides valuable insights into the landscape of women's rights in West Africa through the transformative decisions made by the ECOWAS Community Court of Justice (ECOWAS Court). Originally established to foster socio-economic integration, the ECOWAS Court has evolved into Africa's premier regional human rights court. With nearly 90% of its decisions addressing human rights issues, the ECOWAS Court now surpasses the African Commission – the continent's longest-standing human rights body – in the number of human rights cases it handles. It offers a compelling analysis of the ECOWAS Court's women's rights jurisprudence, an often-overlooked but essential aspect of the Court's human rights mandate. Grounded in the due diligence principle and the Maputo Protocol, the book sheds light on how adjudicating women's rights cases promotes the global gender equality agenda and challenges state actions that undermine human rights.
This book examines a group of mostly Social Democratic resisters and emigres whose biographies from the Nazi seizure of power until the defeat and occupation of Germany caused a radical change in the constitutional politics of postwar West Germany. Most notably, they embraced the idea of a 'militant democracy' in which the free democratic order would be protected from democracy's supposedly self-destructive proclivities by banning extremist parties and organizations from the political arena and empowering what is arguably the strongest constitutional court in the world to review legislation, enforce militant democracy and generally act as a 'guardian of the constitution.' This was an antifascist response to popular support for the German dictatorship and its worst crimes. In the postwar, these anti-Nazis empowered courts to review legislation as a way to try Nazi war criminals and purge Nazi ideology from German law.
Corporate Ordering explains how modern corporations navigate social conflict when law is incomplete, politics are polarized, and shareholders disagree about corporate purpose. Drawing on original case studies from ridesharing, climate sustainability, and artificial intelligence companies, the book reveals the internal governance systems corporations use to set standards, justify decisions, and monitor their impact. Moving beyond the familiar debates between shareholder primacy and stakeholder capitalism, the book offers a clear framework for understanding how corporate power actually operates in practice. Written for scholars, practitioners, policymakers, and informed general readers, it provides a timely guide to corporate governance in a world where business decisions increasingly function as social policy.
This book explores Russia's 100-year history of institutional experiments with legal forms, incentives, and organizational structures in search of an optimal system of knowledge production and diffusion. How was the Soviet Union able to industrialize in the absence of intellectual property, while Russia fails to re-industrialize despite adopting strong intellectual property rights that are presumed to be better suited to promoting innovation? What happened to Russia after it introduced the globalized rules of intellectual property? Informed by interviews with key players in the Russian innovation system and case studies in biopharmaceutical and information technology industries, the book exposes the informal side of the institution of intellectual property in Russia. The study reveals that the Russian case is not simply a story of institutional decline; it is also a story of how a new informal system is evolving in which new networks are steering Russia's approach to innovation.
Forgotten Hills is a book about lost geographies. It is about how the subordination of mountainous Tibet to lowland China meant the erasure of the hills between, and how the legal, environmental, and social transformations of the eighteenth and nineteenth centuries hardened boundaries between Tibetan, Chinese, and Muslim peoples, obscuring the histories and practices that had bound hill folk together for generations. Wesley B. Chaney tells the story of this transformation by exploring small communities on the ferociously complex “mid-slope”—the hills along the northeastern edges of the Tibetan Plateau. Drawing from legal cases, genealogies, and Tibetan-language histories, Forgotten Hills illustrates how disputes over traditional landholding regimes erupted into violent conflict over resources and ethnic and religious identity. The ethno-politics that define modern China, this book reveals, arose from the legal disputes and everyday politics of the now forgotten hills.
This is the first book-length study on the history of the trial by jury in India, filling a major gap in the histories of law, colonialism, and empire as well as the history of the jury trial. James Jaffe adopts a legal-historical approach to tell the story of the English jury trial in India, from its introduction in the 1860s to its abolition in the 1970s, its backers and detractors (including K.N. Katju and Gandhi, respectively), and how the debate reflected wider political and social concerns, in colonial and postcolonial Britain and India.
In the wake of wars and revolutions, fragile societies increasingly turn to interim constitutions to enact their visions for a brighter future. With more than 150 interim constitutions enacted globally since 1789, an understanding is needed of these legal instruments and how well they perform. As the first major comparative study, Interim Constitutions: Legal Nature and Performance fills this void. This authoritative guide for practitioners and scholars addresses how interim constitutions compare to other constitutional reform options, when they are used and why, their functions, drafting processes and main design features, negotiation challenges, and the benefits they yield – including whether they lead to final (non-interim) constitutions, as well as greater peace and democracy. Dozens of hypotheses in the state of the art on achieving successful transitions are tested and disrupted, leading to novel and useful insights for improving future practice. This title is also available as open access on Cambridge Core.
We are living through an era of unprecedented data-driven regulatory transformation. AI and algorithmic governance are rapidly altering how global problems are known and governed, and reconfiguring how people, places, and things are drawn into legal relation across diverse areas - from labour, media and communications, and global mobilities to environmental governance, security, and war. These changes are fostering new forms of power, inequality, and violence, and posing urgent conceptual and methodological challenges for law and technology research. Global Governance by Data: Infrastructures of Algorithmic Rule brings together leading interdisciplinary scholars working at the forefront of creative thinking and research practice in this area. The book offers fresh takes on the prospects for working collectively to critique and renew those legal and technological infrastructures that order, divide, empower and immiserate across our data-driven world. This title is also available as open access on Cambridge Core.
As Anglo-American legal systems face unsustainable levels of imprisonment, this book provides an ethical rationale for moving in a direction that pragmatic considerations already press us toward: reducing punitiveness. Every mainstream moral justification for criminal sanctions is subject to formidable objections, creating “moral uncertainty” about whether any single justification can adequately guide policymakers. Instead, this book defends 'The Convergence Approach' -- basing penal policy on areas of agreement between theories. This provides an ethical “safety net” so that even if one's preferred theory is flawed, another theory could still justify the policy. The book also proposes a presumption against imposing sanctions of a severity that a reasonable theory would deem excessive, and emulating less punitive Nordic systems. It discusses moral/legal principles applicable across many jurisdictions, providing accessible, up-to-date, interdisciplinary, and topical discussions of the prisons crisis, penal theories, moral psychology, crime prevention, and victims' and offenders' rights.
The New Dual State examines how regimes can institutionalize judicial autonomy without relinquishing ultimate political control. Revising the dual state theory beyond its classical and contemporary formulations, the book proposes the theory of symbiotic dualism, which argues that the consolidation of political authority can clarify and stabilize the boundary between legal order and extralegal authority, thereby permitting limited judicial independence. Using China as the central case, the book shows how political centralization enabled the regime to insulate judges from local officials, suppress unsanctioned extrajudicial interventions, and channel politically sensitive disputes away from the courts. These measures have produced a system in which courts demonstrate increasing professionalism and autonomy in routine cases, while the regime retains decisive authority over politically salient matters. Grounded in extensive fieldwork and framed by comparative legal theory, the book advances a compelling framework for understanding legality outside the context of liberal democracies.
This book is a contribution to the growing field of global legal ethnography. Through engagement with the global discourses of indigeneity, conservation and development, this empirical study shows how power and legal normativity are enacted and experienced in the everyday life of the Batwa in Rwanda. By exploring how Twa negotiate their position within society, the regulatory power of these global jurisdictional encounters to construct (subjects, communities, normative frameworks), to reframe and to discipline comes into sharper focus. Focusing on agency instead of resistance, on a desire for inclusion rather than difference, this book provides a critical contribution to the scholarship on counter-hegemonic narratives of globalisation. Rwandan Twa are positioning themselves within national and global narratives to demand progress and belonging – not as part of a political movement based on their ethnic distinctness or indigeneity but as Rwandans.
The book offers a critical history of how international law governs information to entrench unequal distribution of wealth and power since the end of World War II. Mapping doctrinal and institutional developments of various subfields in international law that concern the organization of cross-border information flow, this book identifies a dual-sided framework consisting human rights and free trade as a hegemonic framework for the governance of information. Drawing on Marxist legal theory, Third World Approaches to International Law, critical media studies, and heterodox political economy, the book argues that this framework, despite persistent internal contradictions and external contestations, has evolved to facilitate the expansion of capital and reproduce hierarchy throughout three eras of capitalist transformations of the past eight decades.
Co-management has been adopted internationally, across all types of natural resource settings, bringing resource users and others into governance with government. Multiple aspects of co-management have been studied, from power-sharing to social networks and accountability, identifying a wide range of concepts that form the foundations of co-management. By bringing together and interrogating a wide range of concepts, from all natural resource sectors, including forests, fisheries and grazing land, this book identifies how each concept contributes to the understanding and practice of co-management. Concepts such as collaboration, participation, institutions, power, community, cohesion, representation, accountability, trust, legitimacy, scale, rights, justice, values, identity and adaptation are reviewed. Each chapter reviews foundational literature and identifies key implications for co-management. These are brought together in a concluding chapter that identifies recurring themes from across the chapters and develops a social relational definition and conceptual framework for the understanding and practice of co-management.
Artificial Intelligence (AI) is transforming the fight against financial crime, but how can it be deployed responsibly? In answer to that question, this book provides a comprehensive roadmap that integrates legal clarity, ethical guidance, and operational strategies on AI governance. Leveraging the EU's AI Act, national legal instruments and comparative insights, the book examines the challenges of AI governance and offers practical tools for bias mitigation, explainability, accountability, and risk management. The book's use of real-world case studies and contributions from academics and practitioners – including experts with law enforcement experience – enables scholars, students, and professionals in disciplines such as law, criminology, finance, and policing to bridge theory and practice. This makes it an indispensable resource for research, teaching, and professional training. Whether you are shaping policy, implementing compliance frameworks, or exploring AI's role in fighting financial crime, this book provides the roadmap you need to balance innovation and responsibility. This title is also available as open access on Cambridge Core.
This book offers the first comprehensive comparative study of how political polarization reshapes the role and functioning of supreme and constitutional courts. Drawing on case studies from the United States, the United Kingdom, Brazil, India, Israel, Germany, Spain, and other jurisdictions, it examines how courts are transformed when deep political and social divisions meet powerful judicial institutions. The book identifies the factors that drive courts toward partisanship, the mechanisms through which polarization alters judicial nominations, decision-making and public trust, and the broader implications for the rule of law and democratic stability. It also analyzes reform proposals aimed at reducing the political stakes surrounding courts or balancing their internal composition. Combining theoretical analysis with rich comparative materials, the book will be of interest to scholars, students, and readers seeking to understand the challenges that polarized democracies face in maintaining legitimate, independent, and effective courts.
Offering a systematic exploration of blockchain networks from both technical and analytical viewpoints, this book introduces the core structures that underpin blockchain systems, transactions, addresses, and smart contracts and explains how these can be modeled, visualized, and analyzed using modern data science methods. Bridging computer science, finance, and statistics, it integrates algorithmic reasoning with economic intuition to study decentralization, risk, and trust in digital economies. Through examples drawn from Bitcoin, Ethereum, Ripple, Monero, Zcash, IOTA, and DeFi, readers learn how blockchain data can be transformed into graph and temporal models for fraud detection, systemic risk analysis, and network behavior prediction. Featuring clear explanations, illustrative figures, and Solidity code, this volume serves as an essential reference for students, researchers, and practitioners in finance, data science, statistics, machine learning, and distributed systems.
The Generative AI revolution is driven by corporations demanding legal superpowers. If we allow it to continue unchecked, the implications will be profound. This urgent, critical book exposes the unprecedented push by trillion-dollar companies to build AI on billions of unauthorized human works and redefine fundamental areas of law, including copyright, contract, and free speech. Written by an industry insider who turned from AI champion to AI critic, this highly accessible work promotes AI literacy and provides essential tools to pierce the hype. Readers will learn how to assess AI's profound societal risks to democracy and autonomy and ensure that we are the architects of-and not bystanders in-our artificial future.
In this innovative history of the travels of law, Iza R. Hussin explores how law moves, what happens when it arrives, and how it gains its onward momentum and direction. Through the itineraries of Abu Bakar, Sultan of Johor (1833–1895), Hussin uncovers a world of sovereigns in the shadow of empire, from Hawaii to Singapore, Java to Japan, Delhi to Constantinople, Cairo to London. In his travels, Bakar navigated archipelagic and imperial logics of authority, chased sovereignty at sea, and translated Islam across a shifting global landscape. These itineraries gave rise to Southeast Asia's first constitution, and the world's longest-running continuous experiment in modern Islamic constitutionalism, revealing histories of imperialism and international law, and forgotten genealogies of sovereignty, constitutionalism, and Asian internationalism. Through the compelling story of Abu Bakar's travels, Hussin argues for a new understanding of the imperial international order, Islamic constitutional history, and the making of the modern Muslim state.
Students are challenged to stay ahead in today's ever-changing political environment. This third edition comprehensive and accessible casebook, designed specifically for undergraduates, integrates both the political science and legal perspectives of American constitutional law. Covering developments from the constitution's drafting through to the presidency of Donald Trump, the book balances doctrinal analysis with historical and political context. Key updates include expanded discussions of judicial review, judicial power, nationwide injunctions, and the elimination of Chevron deference in administrative law. New material addresses Native American sovereignty, congressional investigatory powers, presidential authority and criminal liability, and the evolving balance of power in foreign affairs and war powers. Additional coverage explores presidential and congressional budget authority, impeachment, and state power within the federal system. The text examines pressing contemporary issues such as public health, property rights, substantive due process, and eminent domain, providing students with the essential tools to critically analyze constitutional law.