Guardian's Best Paperback of the Month ONE OF THE GUARDIAN'S and FINANCIAL TIMES' BOOKS OF 2020 'In intimate, often tender prose, Gevisser brings to life the complex movement for queer civil rights and the many people on whom it bears.' Colm Toibin, Guardian 'Powerful... meticulously researched' Andrew McMillan, Observer Book of the Week Six years in the making, The Pink Line follows protagonists from nine countries all over the globe to tell the story of how LGBTQ+ Rights became one of the world's new human rights frontiers in the second decade of the twenty-first century. From refugees in South Africa to activists in Egypt, transgender women in Russia and transitioning teens in the American Mid-West, The Pink Line folds intimate and deeply affecting stories of individuals, families and communities into a definitive account of how the world has changed, so dramatically, in just a decade. And in doing so he reveals a troubling new equation that has come in to play: while same-sex marriage and gender transition are now celebrated in some parts of the world, laws to criminalise homosexuality and gender non-conformity have been strengthened in others. In a work of great scope and wonderful storytelling, this is the groundbreaking, definitive account of how issues of sexuality and gender identity divide and unite the world today.

'The field of international criminal justice owes its growth more to practice than to theory. Hugely important theoretical questions have often been given short shrift. But not by Gabriel Lentner. In an accessible style and on the basis of wide reading, he addresses head-on one of the most fundamental theoretical questions pertaining to the International Criminal Court: what is the legal nature of referrals made by the United Nations Security Council to the ICC of situations in states that are not parties to the Statute? He illustrates the significance of that question with supreme verve. A most promising debut.' - Sarah M.H. Nouwen, University of Cambridge and Pembroke College, UK Drawing on both theory and practice, this insightful book offers a comprehensive analysis of the relationship between the United Nations Security Council (UNSC) and the International Criminal Court (ICC), centered on the referral mechanism. Arguing that the legal nature of the referral must be conceptualized as a conferral of powers from the UNSC to the ICC, the author explores the complex legal relationship between interacting international organizations. With a novel approach to the relationship between the UNSC and the ICC, this book addresses important questions raised in practice. In particular, Gabriel M. Lentner explores issues regarding any limits and conditions for referral under the UN Charter and the Rome Statute, and the legal effects on heads-of-state immunity, as well as the validity of jurisdictional exemptions for other specific categories of nationals. This is a persuasive study into the powers of the UNSC with respect to international criminal law. With its timely focus on an important topic, this book will be vital reading for academics in international institutional law, international criminal law, and human rights law. ICC judges and lawyers, as well as lawyers involved in the UN, governments, and non-governmental organizations will also benefit from this book.

Elgar Advanced Introductions are stimulating and thoughtful introductions to major fields in the social sciences and law, expertly written by the world's leading scholars. Designed to be accessible yet rigorous, they offer concise and lucid surveys of the substantive and policy issues associated with discrete subject areas. This thought-provoking introduction provides an incisive overview of dignity law, a field of law emerging in every region of the globe that touches all significant aspects of the human experience. Through an examination of the burgeoning case law in this area, James R. May and Erin Daly reveal a strong overlapping consensus surrounding the meaning of human dignity as a legal right and a fundamental value of nations large and small, and how this global jurisprudence is redefining the relationship between individuals and the state. Key features include: Analyses of cases from a range of jurisdictions all over the world A history of the shift of the concept of dignity from a philosophical idea to a legally enforceable right Discussion of dignity as a value and a right in different major legal contexts, and its roots in African, Asian, European and Islamic traditions. This Advanced Introduction will be invaluable to scholars and students of law, particularly those interested in human rights, looking to understand this emerging area of law. It will inform lawyers, judges, policymakers and other advocates interested in how dignity and the law can be used to protect everyone, including the most vulnerable among us.

This is a fresh and stimulating book on new challenges for civil justice. It brings together leading experts from across the world to discuss relevant topics of civil justice from regional, cross-border, international and comparative perspectives. Inter alia, this book will focus on multinational rules and systems of dispute resolution in the era of a global economy, while also exploring accountability and transparency in the course of civil justice. Transnational cooperation in cross-border insolvency, regionalism in the process of recognition and enforcement of foreign titles, and the application of electronic technologies in judicial proceedings, including new types of evidence also play a major role.Technology, the Global Economy and other New Challenges for Civil Justice is a compact and accessible overview of new developments in the field from across the world and written for those with an interest in civil justice.

This book examines the role of imagination in initiating, contesting, and changing the pathways of global cooperation. Building on carefully contextualized empirical cases from diverse policy fields, regions, and historical periods, it highlights the agency of a wide range of actors in reflecting on past and present experiences and imagining future ways of collective problem solving. Chapters analyse the mobilizing, identity, cognitive, emotional, and normative effects through which imaginations shape pathways for global cooperation. Expert contributors consider the ways in which actors combine multiple layers of meaning-making through practices of staging the past and present as well as in their circulation. Exploring the contingency and open-endedness of processes of global cooperation, the book challenges more systemic and output-oriented perspectives of global governance. Its synthesis of ways in which imaginations inform processes of creating, contesting, and changing pathways for global cooperation provides a novel conceptual approach to the study of global cooperation. Interdisciplinary in approach, this authoritative book offers new ways of thinking about global cooperation to scholars and students of international relations, development studies, law and politics, international theory, global sociology, and global history as well as practitioners and policy-makers across various policy fields.

At a time when the planet's wildlife faces countless dangers, international environmental law continues to overlook its evolving welfare interests. This thought-provoking book provides a crucial exploration of how international environmental law must adapt to take account of the growing recognition of the intrinsic value of wildlife. Animal Welfare and International Environmental Law offers compelling and timely arguments in favour of wildlife's inherent worth and proposes a progressive development of the law in response to its needs and interests. Taking into account recent trends in bioethics and conservation, these critical discussions of wildlife welfare have dramatic implications for the future of sustainable development and sustainable use. The book challenges assumptions by taking a perspective which decentres the needs of humans and instead emphasises the growing need to protect wildlife with compassion and care. This book will prove invaluable to both students and scholars of environmental law, animal law and international law more widely. It will also appeal to policymakers, legal scholars and NGOs dealing with the imminent needs of the earth's wildlife. Contributors include: D. Bilchitz, M. Bowman, S. Riley, J. Schaffner, W. Scholtz, K. Sykes, S. White

This book provides the first comprehensive analysis of the international law regime of jurisdictional immunities in employment matters. Three main arguments lie at its heart. Firstly, this study challenges the widely held belief that international immunity law requires staff disputes to be subject to blanket or quasi-absolute immunity from jurisdiction. Secondly, it argues that it is possible to identify well-defined standards of limited immunity to be applied in the context of employment litigation against foreign states, international organizations and diplomatic and consular agents. Thirdly, it maintains that the interaction between the applicable immunity rules and international human rights law gives rise to a legal regime that can provide adequate protection to the rights of employees. A much-needed study into an under-researched field of international and employment law.

Elgar Advanced Introductions are stimulating and thoughtful introductions to major fields in the social sciences, business and law, expertly written by the world's leading scholars. Designed to be accessible yet rigorous, they offer concise and lucid surveys of the substantive and policy issues associated with discrete subject areas. Focusing on the adoption of the UN Guiding Principles on Business and Human Rights (UNGPs) in 2011, this timely book charts the field of business and human rights, finding that corporate responsibility to respect human rights is gradually evolving into a binding legal duty in both national and international law. Following the structure of the UNGPs, Peter T. Muchlinski also covers the state duty to protect against business violations of human rights, the corporate responsibility to respect human rights and access to remedies for corporate violations of human rights. Key Features: A detailed, critical, appraisal of the UNGPs in their historical, legal and political contexts Coverage of developments in national law and policy to further the state's duty to protect against business violations of human rights An interdisciplinary perspective drawing on history, law, business ethics, politics, and ideas of corporate governance with a view to introducing the field to readers with diverse specialist backgrounds Coverage of new directions for business and human rights including calls for new mandatory corporate liability laws, a legally binding international treaty and new multi stakeholder initiatives for developing business and human rights standards This Advanced Introduction will be a key guide for students and researchers in the fields of business and human rights, international law and business ethics, as well as lawyers and business managers who need an accessible primer to business and human rights.

The author of Third Party Funding in International Arbitration challenges the structural inconsistencies of the current practices of arbitration funding by arguing that third party funding should be a forum of justice, rather than a forum of profit. By looking at the premise, rather than the implication, the author presents the arcane areas of intersection between access to justice, as a foundational theory for third party funding, and the arbitration funding practice that lacks a unifying framework. The author introduces a new methodology with an alternative way of structuring third party funding to solve a set of practical problems generated by the risk of claim control by the funder. This book will be of interest to third party funders, arbitrators, lawyers, arbitral institutions, academics, and law students.

This forward-thinking book examines numerous features in the European Union (EU) legal system that serve to reduce legal uncertainty in the preliminary reference procedure and the rulings of the Court of Justice. Drawing on theories from legal realist Karl Llewellyn, legal steadying factors such as legal doctrine and interpretative techniques are reviewed alongside the primary focus of this book, extra-legal steadying factors. As well as focusing on the contribution made by judges' legal backgrounds, John Cotter also investigates the role of the balance between institutional and personal independence and accountability. He further applies Karl Llewellyn's approach and re-models it into a European setting, identifying the EU legal system features that assist in promoting decisional steadiness in the preliminary reference procedure. Exploring also the significance of procedural rules and practices at the Court of Justice in steadying outcomes, this book will be an excellent resource for scholars of the EU legal system. Its analysis of the role of factors that steady the rulings of the Court of Justice of the European Union will also make this a useful read for legal theorists interested in examining the factors that influence judicial decision-making.

Praise for previous edition: "...a comprehensive, meticulously-researched study of contemporary international law governing the use of armed force in international relations...' Andrew Garwood-Gowers, Queensland University of Technology Law Review, Volume 12(2) When this first English language edition of The Law Against War published it quickly established itself as a classic. Detailed, analytically rigorous and comprehensive, it provided an indispensable guide to the legal framework regulating the use of force. Now a decade on the much anticipated new edition brings the work up to date. It looks at new precedents arising from the Arab Spring; the struggle against the "Islamic State" in Iraq and Syria; and the conflicts in Ukraine and Yemen. It also reflects the new doctrinal debates surrounding recent state practice. Previous positions are reconsidered and in some cases revised, notably the question of consensual intervention and the very definition of force, particularly, to accommodate targeted extrajudicial executions and cyber-operations. Finally, the new edition provides detailed coverage of the concept of self-defense, reflecting recent interpretations of the International Court of Justice and the ongoing controversies surrounding its definition and interpretation.

Elgar Advanced Introductions are stimulating and thoughtful introductions to major fields in the social sciences and law, expertly written by the world's leading scholars. Designed to be accessible yet rigorous, they offer concise and lucid surveys of the substantive and policy issues associated with discrete subject areas. Frans von der Dunk, a leading authority on space law, presents a nuanced introduction to the topic, explaining the legal rules, rights and obligations applicable to activities in outer space and activities that precede operations in space. He analyzes the interaction of these elements as well as how international organizations relate to the core tenets of space legislation. Key features include: an accessible and engaging writing style a forward-looking approach to how technological developments will be addressed in law discussion of space law within the boundaries of technology, operations, economics and politics consideration of fundamental paradigm changes, such as the increasing commercialization and privatization of space activities. This Advanced Introduction is ideal for advanced students looking for a clear and concise overview of space law. It also provides an entry point for academics and practitioners who need to understand the relationship between space and law.

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This collection brings together a range of international contributors to stimulate discussions on time and international human rights law, a topic that has been given little attention to date. The book explores how time and its diverse forms can be understood to operate on, and in, this area of law; how time manifests in the theory and practice of human rights law internationally; and how specific areas of human rights can be understood via temporal analyses. A range of temporal ideas and their connection to this area of law are investigated. These include collective memory, ideas of past, present and future, emergency time, the times of environmental change, linearity and non-linearity, multiplicitous time, and the connections between time and space or materiality. Rather than a purely abstract or theoretical endeavour, this dedicated attention to the times and temporalities of international human rights law will assist in better understanding this law, its development, and its operation in the present. What emerges from the collection is a future - or, more precisely, futures - for time as a vehicle of analysis for those working within human rights law internationally.

International investment law is one of the most dynamic fields of international law, and yet it has been criticised for failing to strike a fair balance between private and public interests. In this valuable contribution to the current debate, Valentina Vadi examines the merits and pitfalls of arbitral tribunals? use of the concepts of proportionality and reasonableness to review the compatibility of a state?s regulatory actions with its obligations under international investment law. Investment law scholars have hitherto given greater attention to the concept of proportionality than to reasonableness; this pivotal book combats this trajectory by examining both concepts in such a way that it does not advocate one over the other, but instead enables the reader to make informed choices. The author also explores the intensity of review as one of the main tools to calibrate the different interests underlying investor-state arbitrations. This timely book offers a useful conceptual framework for reconciling the opposing interests at stake, making it a valuable resource for international law scholars and practitioners and other interested readers.

Human rights are at a crossroads. This book considers how these rights can be reconstructed in challenging times, with changes in the pathways to the realization of human rights and new developments in human rights law and policy, illustrated with case studies from Africa, Europe, and the Americas. Contesting Human Rights traces the balance between the dynamics of diffusion, resistance and innovation in the field. The book examines a range of issues from the effectiveness of norm-promotion by advocacy campaigns to the backlash facing human rights advocates. The expert contributors suggest that new opportunities at and below the state level, and creative contests of global governance, can help reconstruct human rights in the face of modern challenges. Critical case studies trace new pathways emerging in the United Nations' Universal Periodic Review, regional human rights courts, constitutional incorporation of international norms, and human rights cities. With its innovative approach to human rights and comprehensive coverage of global, national and regional trends, Contesting Human Rights will be an invaluable tool for scholars and students of human rights, global governance, law and politics. It will also be useful for human rights advocates with a keen interest in the evolution of the human rights landscape. Contributors include: G. Andreopoulos, C. Apodaca, P.M. Ayoub, A. Brysk, P. Elizalde, A. Feldman, M. Goodhart, C. Hillebrecht, P.C. McMahon, S. Meili, M. Mullinax, A. Murdie, B. Park, W. Sandholtz, M. Stohl

Peace is an elusive concept, especially within the field of international law, varying according to historical era and between Research Handbook responds to the gap created by the neglect of peace in international law scholarship. Explaining the normative evolution of peace from the principles of peaceful co-existence to the UN declaration on the right to peace, this Research Handbook calls for the fortification of international institutions to facilitate the pursuit of sustainable peace as a public good. It sets forth a new agenda for research that invites scholars from a broad array of disciplines and fields of law to analyse the contribution of international institutions to the construction and implementation of sustainable peace. With its critical examination of courts, transitional justice institutions, dispute resolution and fact-finding mechanisms, this Research Handbook goes beyond the traditional focus on post-conflict resolution, and includes areas not usually found in analyses of peace such as investment and trade law. Bringing together contributions from leading researchers in the field of international law and peace, this Research Handbook analyses peace in the context of law applicable to women, refugees, environmentalism, sustainable development, disarmament, and other key contemporary issues. This thoughtful Research Handbook will be a crucial tool for policymakers, practitioners, and academics in the fields of international law, human rights, jus post bellum, and development. Its comprehensive insights to the field will also be of benefit for students of political science, law, and peace studies. Contributors: B.A. Andreassen, C.M. Bailliet, D. Behn, K. Egeland, O. Engdahl, O.K. Fauchald, J. Garcia-Godos, C. Hellestveit, M. Janmyr, S. Kanuck, K.M. Larsen, K. Liden, G. Nystuen, S. O'Connor, J.C. Sainz-Borgo, K. Skarstad, V.B. Strand, H. Syse, A Tadjdini, C. Voigt, C. Weiss, P. Wrange, G. Zyberi

In the post-9/11 era, the nexus between organized crime and terrorism has raised much concern and has been widely discussed in both academic and policy circles, but is still largely misunderstood. This critical book contributes innovatively to the debate by distinguishing three types of nexus-interaction, transformation/imitation and similarities-and identifying the promoting factors of each type. With its multifaceted but complementary chapters, the book provides conceptual and theoretical frameworks for readers, as well as the evidence needed to develop more realistic, effective and humane policies to tackle organized crime, terrorism and the nexuses between them. Bringing together a range of international multidisciplinary specialists, it includes three comparative analyses of worldwide transfers of personnel, weapons and money between organized crime and terrorism and 12 case studies examining local manifestations of the nexus in Africa, Asia, Europe and the Americas. Two other chapters further review the national, European and international policies adopted and implemented so far to deal with the different nexuses. This book will be a valuable resource for researchers and policymakers in the fields of comparative law, criminal law and justice and public policy, who specialize in the analysis and control of organized crime and terrorism. It will also appeal to senior law enforcement officials and practitioners due to the counterintuitive policy implications drawn from the comparative analysis of the findings.