To save content items to your account,
please confirm that you agree to abide by our usage policies.
If this is the first time you use this feature, you will be asked to authorise Cambridge Core to connect with your account.
Find out more about saving content to .
To save content items to your Kindle, first ensure no-reply@cambridge.org
is added to your Approved Personal Document E-mail List under your Personal Document Settings
on the Manage Your Content and Devices page of your Amazon account. Then enter the ‘name’ part
of your Kindle email address below.
Find out more about saving to your Kindle.
Note you can select to save to either the @free.kindle.com or @kindle.com variations.
‘@free.kindle.com’ emails are free but can only be saved to your device when it is connected to wi-fi.
‘@kindle.com’ emails can be delivered even when you are not connected to wi-fi, but note that service fees apply.
This book presents the case of humanitarian intervention within a discursive theory of international law. It identifies and examines the philosophical and legal concepts which inform the case of humanitarian intervention and scrutinises the pertinent practice. The book explores how legal rules which vie to control humanitarian intervention are moulded by theory and how they inform the relevant practice in cases such as Kosovo, Rwanda or Somalia. It presents the legal and theoretical narrative and its agonising attempts to produce objective, true arguments, to introduce a modicum of morality when faced with hard cases but also to concede a leeway for moral or political relativists. For instance, humanitarian intervention within natural law appeals to modes of justification springing from theistic assumptions such as the moral standing of humans as God's mirror or Kantian ones as partakers of universal reason. The cases of Uganda and Kampuchea should be evaluated in the same way, not according to their effects on the governmental structures but according to how they secured human dignity. Kampuchea was not totally propitious in this regard. Humanitarian intervention stopped widespread massacres at a genocidal level and in this way secured human dignity, but the ensuing situation did not correspond to the standards of human dignity. Following the position developed, cases such as Entebbe and Liberia are included within the concept of humanitarian intervention. Operation 'Restore Hope' for Somalia is marked by the disagreements between the United Nations and the participant states concerning its purposes and means.
The article addresses the challenges that increasing capabilities pose to freedom of thought and conscience. The author contrasts the ongoing debate about the ability to manipulate the human mind with the deeply rooted theories and judicial treatments of freedom of thought and conscience and argues for renewed attention to the subject. Briefly noting that the issue of AI manipulation has especially preoccupied legal scholars, institutions, and societies at large for its impact on the economic market, religious extremism, and politics, the author argues that the capabilities of AI stretch well beyond these limited fields as they challenge the centuries-long notion of freedom of conscience and thought. Because AI capabilities can extract information about individuals’ thoughts and feelings, they are making obsolete the deeply held belief that what is within the human mind (forum internum) is protected from intrusion by its very nature. The author explores the notion of the extended mind to show how the frequent reliance on smart technologies reveals a need to strengthen their protection in order to protect their users. Finally, the author criticizes the widespread focus on the notion of manipulation in recent developments across a range of disciplines and argues for a stronger and more direct consideration of freedom of thought and conscience to update their legal and academic treatment.
This note analyses the Council of Europe’s Convention on the Protection of the Environment Through Criminal Law, adopted in May 2025, which has been open for signature since December 2025. It establishes an international framework that criminalizes environmental harm in peacetime and armed conflict; it introduces twenty distinct offenses, most notably “particularly serious offenses” that address intentional, catastrophic environmental damage as a legal proxy for ecocide. Diverging from traditional pollution-based models, the treaty adopts an ecosystem approach that also protects functional natural processes and services. The twenty environmental crimes are paired with enhanced protections for environmental defenders, NGO participation, and a monitoring mechanism. While closely aligned with EU Directive 2024/1203, the Convention’s “open” nature reflects a universal ambition to harmonize legal standards across legal systems. This note briefly evaluates the Convention’s drafting history, its innovative legal architecture, and its potential to establish a global “common legal space” against environmental destruction.
This book examines the intersection between incarceration and human rights. It is about why independent inspection of places of custody is a necessary part of human rights protection, and how that independence is manifested and preserved in practice. Immigration and asylum policies ask crucial questions about national identity, about human rights, and about our values as compassionate citizens in an era of increasingly complex international challenges. The book deals with the future of prisons and shows how the vulnerable population has been unconscionably treated. To arrive at a proper diagnosis of the expansive use and abuse of the prison in the age of economic deregulation and social insecurity, it is imperative that we effect some analytic breaks with the gamut of established approaches to incarceration. The book explores the new realities of criminal confinement of persons with mental illness. It traces the efforts of New Right think-tanks, police chiefs and other policy entrepreneurs to export neoliberal penality to Europe, with England and Wales acting as an 'acclimatization chamber'. In a series of interventions, of which his Oxford Amnesty Lecture is but one, Loic Wacquant has in recent years developed an incisive and invaluable analysis of the rise and effects of what he calls the penal state.
This Element revisits the unsettled relationship between (information) privacy and data protection, exploring why it remains elusive, complex, and often misunderstood. It does so by integrating conceptual, regulatory, and legal analysis. First, it identifies and discusses three conceptualisations of privacy in the literature, arguing that they should be understood complementarily rather than alternatively to provide a layered account of privacy. Second, it examines how each of these conceptualisations is reflected in the language and substance of key regional and international data protection frameworks. Third, it analyses their relationship through a legal lens, assessing the extent to which core data protection principles appear in human rights jurisprudence on the right to privacy. By bringing together these strands of analysis, it demonstrates that privacy and data protection overlap yet remain non-identical, and illustrates why their boundaries remain difficult to delineate. This title is also available as Open Access on Cambridge Core.
Journalists are mnemonically dispossessed in the age of large language models. To accept News Corp CEO Robert Thomson’s 2026 redefinition of journalism as an ‘input’ alongside semiconductors and datacentres is to deny the human provenance of what it means to make and to consume news. Licensing deals now being signed between major press groups and AI companies enact a transfer of mnemonic sovereignty from journalists as human ‘agents of memory’ (Zelizer, 2008) to the algorithm, to the machine. Generative AI produces an intention economy, restructuring how information flows through society, with each interaction with AI deepening its understanding not just of what you know, but of what you do not yet know to ask (Fang, 2025). This gives AI systems functional agency, anticipating the curiosities it wants us to formulate, generating a ‘past that never existed’. We are at a tipping point in the battle over journalism’s soul in AI’s seizure of human agency in the making of memory, and in how the production of news becomes infrastructure food. Journalists are caught up in the production of content used to feed AI models and systems, which will shape what people are trying to know, rather than their value being derived from the work of journalists as human agents of memory, of having created a past that they have a stake in. We set out how the battle for journalism’s soul is not yet lost in the emergence of a new memorial front of ‘archival journalism’, institutional glitches, and infrastructural exits.
Generating evidence to guide investments in new service delivery platforms remains a major challenge. We applied a linear constrained optimisation model, ex ante, to estimate the potential health impact and trade-offs of integrating community-based providers (CBPs) into Uganda’s essential healthcare package. Specifically, we compared a facility-only delivery strategy with an integrated strategy that included Village Health Teams (VHTs) and medicine retailers. Outcomes included potential expansion of the optimal service package, additional net disability-adjusted life years averted, average cost-effectiveness, and maximum cost-effective investment per provider. Integrating CBPs could avert an additional 4.7 million net disability-adjusted life years and expand Uganda’s optimal health package by 25 interventions compared to the facility-only strategy. VHTs achieved health gains at $42 per net DALY averted and remained cost-effective at an investment of up to $3,423 per provider; medicine retailers remained cost-effective up to $19,792 per provider. Although current policies restrict CBP utilisation, results indicate substantial potential for health system strengthening. Constrained optimisation provides a systematic approach to quantify the value of new delivery platforms. Our findings provide an evidence-based roadmap for integrating CBPs in Uganda, while the adaptable model itself serves as a replicable tool to inform similar analyses in other settings.
Bad lawyering has come under increasing focus though NDAs, SLAPPs, the banking crisis, and latterly the UK's Post Office Scandal, an extraordinary legal scandal spanning more than 20 years that ruined thousands of lives. This book examines the commercial, cultural, legal, and psychological drivers of ethical failure weaving them together with case studies in a compelling account of what is wrong with lawyers' ethics. Rather than concentrating on a few bad apples, it shows how deep-seated traditions, psychological frailties, the complacency and aggression of well-paid lawyers, and the pragmatism, cynicism, and hubris of organisations combines to pollute decision-making and weaken the rule of law. Be it through awful orthodoxies or legality illusions, it shows how a lawyer's naturally uncomfortable relationship with truth and justice can become improper or even criminal. This title is also available as open access on Cambridge Core.
The Color of Social Security traces the myriad ways and interconnected social systems in which racism has been embedded into American social security programs. Drawing on American history, Jon Dubin exposes institutionalized processes undermining racially equitable receipt of retirement and disability benefits. Examples include the 1935 Social Security Act, which excluded Black agricultural and domestic workers in order to protect the postbellum Southern racial economic and political order; the 1972 Supplemental Security Income program's exclusion of persons of color in the U.S. territories, with genesis in 125 years of racialized colonial domination; 1980s criminal justice system restrictions; systemic racial bias in disability decisions in the 1990s; disability eligibility obstacles from “race-norming” in the 2000s; and the misevaluation of Black claimants with sickle cell disease under Social Security Administration regulations since 2015. While exploring these histories, Dubin offers concrete solutions to address racial inequity and create a more equitable future.
This book delivers an in-depth doctrinal analysis of the right to science under Article 15 ICESCR, focusing on the novel concept of its core content, as well as on its rights holders and duty bearers. Monika Plozza challenges the entrenched dichotomy between economic, social and cultural rights on the one hand and civil and political rights on the other, demonstrating that the right to science is fully justiciable. Situating it within the wider framework of international human rights law, she traces its connections with a broad range of related rights. In doing so, this book equips scholars, practitioners and policymakers with the legal tools needed to invoke and implement the right to science in judicial and policy contexts. Timely and rigorous, it establishes the right to science as a vital legal framework for confronting global challenges ranging from climate change and disinformation to artificial intelligence. This title is also available as open access on Cambridge Core.
This article develops the concept of justice-centred artificial intelligence (AI) through Hannah Arendt’s thinking on the danger of a machine world replacing the real world and the freedom achieved in communities of equals. It explores how regulation might advance localised forms of justice concerning AI development and deployment reframing corporate accountability from transparency to enforceable duties. It focuses on energy systems and engages with European data law acquis, proposing three principles for justice-centred AI: a reversed categorical principle, fiduciary obligations grounded in the diligentia diligentis standard, and the right to have rights. It presents justice-centred AI as a constitutional project for the EU, aligning technology with rights, ecology, and political freedom.
This article critically re-examines whether foreign companies carrying on business in Nigeria without incorporation can sue, be sued and recover under Nigerian law. It critiques the Supreme Court’s decision in Citec International Estates Ltd v E International Inc & Associates (Citec), which imposed an absolute bar on enforcing contracts made in breach of sections 54–55 of the Companies and Allied Matters Act (CAMA) 1990 (now sections 78–79 of CAMA 2020). It argues that Citec conflated the foreign company’s capacity to sue (governed by the place of incorporation theory) with the legality of its transactions in Nigeria (governed by Nigerian law). It also contends that “carrying on business” should exclude brief or isolated transactions. Ultimately, it advocates for a contextual, proportionate interpretation of sections 78–79 of CAMA 2020 to align with Nigeria’s legislative intent and foreign investment policy, while drawing on Nigerian and comparative jurisprudence in assessing the underlying illegality question.
This article offers a critical analysis of gender in life-history narratives of children born of war (CBOW) and in the construction of legal recognition of CBOW in recent decisions of the International Criminal Court (ICC). As this article shows, the perceptions of the biological mother and father have shaped narratives by and on this group, albeit to different effects. An analysis of interview and documentary data shows that the mother is perceived by the CBOW participants with critical ambivalence, while the father is a symbol of personal identification, which has informed the participants’ understanding of harm and blame. In light of these findings, this article analyses recent decisions by the ICC and the way the biological mothers and fathers of CBOW are framed by the Court. In reference to gender theory, a critical discussion follows of the images of the ‘good mother’ and the ‘bad father’ the Court is employing to recognize CBOW as victims. The gendered dichotomies at play and their implications are discussed in light of the growing attention paid to CBOW in international criminal law. The findings challenge the recent and still evolving legal narrative on CBOW at the ICC, with implications for how recognition for CBOW might be reimagined in light of their own voices.
This afterword examines the intersections between the green and digital transitions within EU law and argues for the development of a coherent regulatory framework capable of addressing their interdependence. Drawing on the contributions to the special issue, it identifies a number of common challenges, including tensions between market structures and the protection of fundamental rights, the environment and the climate, the limits of anthropocentric approaches to regulation and the increasing relevance of interdisciplinary expertise in law-making and adjudication. The paper further distinguishes between two forms of conflict arising from the twin transitions: normative conflicts between overlapping regulatory regimes and substantive conflicts concerning the negative consequences of one transition on the other. To address these issues, the afterword proposes a “pointillist” approach grounded in the coordinated and teleological interpretation of EU law. Finally, it suggests that impact assessment regimes provide a particularly promising case study for future research on theintersections between the twin transitions.
In 2023, the Australian people were asked to vote on a proposal to amend the Constitution to establish an Aboriginal and Torres Strait Islander Voice. A major argument advanced against the proposal was the uncertainty and risk associated with it. This article evaluates the argument’s role in relation to the referendum and in relation to constitutional amendment more generally. It analyses why this type of argument is deployed in public debate, the constitutional values and assumptions embedded in the argument, and what it portends for future efforts to amend the Constitution. The article contends that the argument and its use merit careful attention in part because it can risk constitutional stasis and engender institutional distrust among the public.
Fred Schauer’s work on probability and evidence exposes a persistent problem for criminal law: credible allegations of sexual assault routinely fall short of proof beyond a reasonable doubt, leaving serious wrongdoing unaddressed. Schauer highlights this failure through cases involving probabilistic aggregation, but ultimately locates the payoff of his analysis outside criminal adjudication. This Article returns the argument to where it belongs – within the criminal law. Deploying Schauer’s own analytical toolkit, it examines three potential levers – the burden of proof, the construction of criminal offenses, and evidentiary rules – that could be used to respond to the injustice of sexual violence. For each, it details the difficult trade-offs between protecting defendants and vindicating victims. There is no clear winner.