Böcker i Cambridge Studies in International and Comparative Law-serien

In this novel and unorthodox historical analysis of modern comparative law, Daniel Bonilla Maldonado explores the connections between modern comparative law and the identity of the modern legal subject. Narratives created by modern comparative law shed light on the role played by law in the construction of modern individual and collective identities. This study first examines the relationship between identity, law, and narrative. Second, it explores the moments of emergence and transformation of this area of law: instrumental comparative studies, comparative legislative studies, and comparative law as an autonomous discipline. Finally, it analyzes the theoretical perspectives that question the narrative created by modern comparative law: Third World Approaches to International Law, postcolonial studies of law, and critical comparative law. For lawyers and legal scholars, this study brings a nuanced understanding of the connections between the theory of modern comparative law and contemporary practical legal and political issues.

"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 statement 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"--

"The book offers a pre-history of international investment law focusing on the time before 1959 and the ratification of the first bilateral investment treaty and the ICSID Convention. It introduces new primary archival material, including arbitral awards, diplomatic notes, and concession agreements, as well as scholarly writings pertaining to developments in these proceedings. The book develops the important role of concession agreements and their internationalisation for the making of international investment law, highlighting their private law character. It also offers an account of the underestimated role of 'general principles of law recognized by civilized nations' for the theoretical and practical consolidation of the norms in international investment law. On a theoretical level the book works with an account of law as jurisdictional practice and draws out the relationship between the claim to universality of international legal norms and the economic dominance and dependence created through this claim"--

"Part essay, part novel, this book offers a unique take on the inner workings of international courts. It reveals how judges reach their decisions and what invisible actors (counsel, advisors, bureaucrats, academics) contribute to the process. The narrative combines the author's first-hand experience with rigorous research in legal sociology"--

"Much of the existing accounts assume that investment treaties affect national governance. However, how exactly this happens has been subject to little analysis. Conventional accounts presume that these treaties improve national governance, leading to good governance and the rule of law for all. Critical accounts charge that investment treaties unduly empower foreign investors and cause a regulatory chill. On both accounts, investment treaties are expected to empower and constrain. Comparing extended case studies of Argentina, the Czech Republic, India and Mexico, this book shows how investment treaties influence national governance ideologically, institutionally, and socially"--

"This is a study of the philosophy and theology of the Scientific Revolution and its impact on European natural law and political liberalism. It analyses transformations of the concept of sacred nature and the human light of reason leading to the Anthropocene, and fluctuations between human necessities and scientific money"--

This is an elegant, readable narrative of Nauru's imperial history that makes a compelling argument for the island's significance in the history of international law. It includes crucial new research for scholars in international law and history, as well as in German history, Pacific history, and contemporary international relations.

Written for academics, practitioners and students of international investment law and public international law more generally, the book shows, against the backdrop of recent case law and scholarly debate, how the outbreak of armed conflict influences the operation of international agreements for the promotion and protection of foreign investments.

Conflicts between environmental protection laws and human rights present delicate trade-offs when concerns for social and ecological justice are increasingly intertwined. This book retraces how the legal ordering of environmental protection evolved over time and progressively merged with human rights concerns, thereby leading to a synergistic framing of their relation. It explores the world-making effects this framing performed by establishing how 'humans' ought to relate to 'nature', and examines the role played by legislators, experts and adjudicators in (re)producing it. While it questions, contextualises and problematises how and why this dominant framing was construed, it also reveals how the conflicts that underpin this relationship - and the victims they affect - mainly remained unseen. The analysis critically evaluates the argumentative tropes and adjudicative strategies used in the environmental case-law of regional courts to understand how these conflicts are judicially mediated, thereby opening space for new modes of politics, legal imagination and representation.

Written under the sign of Beckett, this book addresses comparative law's commitment to the deterritorialization of the legal and its attendant claim for the normative relevance of foreign law locally in the fabrication of statutory determinations, judicial opinions, or academic reflections. Wanting to withstand the law's persistent tendency towards nationalist retrenchment and counter comparative law's institutional marginalization, the fifteen essays at hand impart radical and discerning intellectual equipment in order to foster the valorization of the legally foreign and the comparative motion. In particular, the critique informing this manifesto examines pre-eminent topics like culture and difference, understanding and translatability, objectivity and truth, invention and tracing. Harnessing insights from a range of disciplinary discourses, this book contends that comparatists must boldly desist from their field's dominant epistemology and embrace a practice much better attuned to the study of foreignness.

"The interdependence promoted by the WTO Agreement has exposed a number of critical vulnerabilities, leading to accusations that the treaty is unjust. This book offers a theory of WTO law which explains why the justice of the WTO Agreement needs to be understood on its own terms"--

"Using an historical and theoretical approach, Richard Clements explores why global justice and management have become so intimately connected within the International Criminal Court. Mapping the ICC's management ideas and practices onto an accessible model, Clements highlights the impact of management on the global justice project"--