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Basic Texts / Textes de Base

4th Edition (2026)

Brill | Nijhoff

Outer space has long been considered the last untouched wilderness. However, non-State actors are increasingly active in space, heightening the risk of space pollution. Space law, designed during the Cold War, is State-centric and makes inadequate provision for non-State actors. In the face of this emerging threat, this book examines potential avenues of redress in space law, including the Outer Space Treaty, along with international environmental law, international criminal law, international humanitarian law, and international human rights law. It also reviews the national legislation adopted by space-faring States at the domestic level. In parallel, the book examines the deeper theoretical implications addressing non-State actor conduct under international law. Ultimately, it proposes a ground-breaking new international law instrument to hold non-State actors responsible for space pollution.

Lex Ad Astra

Emerging Legal Education

Exploring the broader, non-technical, social and political senses of being situated, this edited collection provides a range of different substantive perspectives on situated learning in legal education.The expert cast of contributors to this book highlight the theory, practice, and impact of situated learning in legal education. Chapters apply situated learning to topics including climate change, First Nations and Indigenous voices, inclusion and belonging, authentic assessment, and generative artificial intelligence. The book questions what differences these intersecting contexts and situations - including the technological, the decolonial and the climatological - make to the practice and thinking of legal educators. In doing so, it considers how legal knowledge and professional identity are shaped through participation, experience, and engagement with communities and real-world problems, and what situated learning can contribute to the future of legal education.This book will be of interest to researchers in the fields of legal education, higher education, digital law, climate change law and decolonial law, as well as legal educators and practitioners interested in curriculum, assessment and educational innovation.

Context, Participation and Practice

Situated Learning in Legal Education

Alabama Water-Resources Law is first truly comprehensive study examining the structure and shortcomings of Alabama's water law. This prodigious treatise provides a necessary tool to help the state and its people understand and prepare for the wise use of its water resources. Part I provides a clear and critical statement of Alabama's current water law in eleven chapters. Part II expands on the criticisms of existing Alabama law, recounts the history of previous efforts at addressing those criticisms, and makes recommendations for change, taking lessons from other southeastern states.This is a must-read for all Alabama policy-makers, attorneys, and concerned citizens to answer water-law questions and to make proactive laws to bring Alabama into twenty-first-century practices.

A Critical Treatise

Alabama Water-Resources Law

Routledge Handbook on Food Sustainability Law

Elements of International Law

Reservations constitute the principal mechanism by which states may modify or limit the legal effect of treaty obligations following the adoption of a treaty text. Yet they remain among the most complex and contested features of the law of treaties, even for experienced international lawyers. Set against the broader framework of the Vienna Convention on the Law of Treaties (1969), Reservations to Treaties offers a clear, systematic, and practically oriented account of how to identify, interpret, and apply the rules governing reservations.

Drawing on an extensive body of state practice, encompassing more than 150 states and over eighty treaties, the book grounds its analysis in diverse geographical and historical contexts. Through detailed examples and careful engagement with practice, it illustrates how reservations operate across a wide range of subject areas within international law. The chapters provide a structured and accessible guide to navigating this often perplexing area, supported by comprehensive referencing and analysis.

Combining rigorous scholarship with detailed examples, the book is designed to support both specialists and non-specialists in navigating treaty practice, while contributing to a deeper understanding of how reservations shape treaty relations and the development of the international rule of law.

Reservations to Treaties

Global Energy Law and Policy

This book provides a multi-jurisdictional analysis of the role of law in accelerating the development of floating offshore wind energy. With ongoing technological advancements in the context of the energy transition, floating offshore wind represents a significant advancement in the global transition towards sustainable energy. Debates around the inherent ecological tensions raised by fixed-bottom offshore wind turbines, as well as the value of deeper offshore wind exploration, are considered alongside unanswered questions on the complexity of the marine environment and its governance in relation to the deployment of floating offshore wind energy. Other questions focus on marine spatial planning, licensing and permitting procedures, and the safety of installing and maintaining complex offshore energy infrastructure. Although these issues partially coincide with those related to traditional bottom-fixed installation, the book provides an opportunity to test the extent to which traditional legal and regulatory strategies may or may not be suited to the fast-growing deployment of floating offshore wind energy. Written by experts across multiple jurisdictions where floating projects are being developed, the book unlocks new thinking on regulatory modelling and design at a time when floating wind is expected to resolve the complexity of the Energy Quadrilemma.

Global Insights

The Law and Policy of Floating Offshore Wind

This book is a comparative study of how courts and oversight bodies review lawmaking processes, exposing democratic deficits and advocating for transparent, participatory legislative reform across Europe. In an era of fast-track legislation and executive overreach, the democratic legitimacy of lawmaking is under increasing pressure. This timely and original volume offers the first comprehensive, comparative analysis of how judicial and non-judicial bodies monitor and assess legislative procedures across Europe and beyond. Drawing on examples from Hungary, France, and the United States, the book highlights troubling trends - such as the use of expedited processes, exclusion of opposition voices, and lack of public participation - that undermine democratic principles and good governance. Contributors examine how courts, parliamentary committees, and international organisations like the Venice Commission respond to these challenges, offering insights into their capacity to uphold constitutional standards and human rights protections. The book also explores the broader implications of defective lawmaking for the rule of law, separation of powers, and the achievement of global goals such as the UN's Sustainable Development Agenda. Featuring leading scholars and practitioners from across Europe, including underrepresented jurisdictions, the volume bridges theory and practice, offering a rich interdisciplinary perspective. It is essential reading for academics, legal professionals, policymakers, and civil society actors concerned with the integrity of democratic institutions and the future of legislative governance. By shedding light on the mechanisms of procedural review, this book makes a compelling case for more transparent, inclusive, and accountable lawmaking in democratic societies.

European Perspectives on the Procedural Review of Parliamentary Lawmaking

Studies in International Law

This book offers the first comprehensive study of unjust enrichment as a principle of international law. While domestic legal systems have long recognised unjust enrichment as a basis for restitution, its role in international law remains underexplored. This book addresses this gap by examining the roles of the international norm against unjust enrichment both as an independent basis for a claim and in the development and interpretation of other international norms. It explores the far-reaching implications of this norm for inter-state relations and investment arbitration. The book advances three key arguments: that unjust enrichment claims in international law may extend to indirect recipients; that states enriched through conduct harming another state can incur liability in unjust enrichment even without a transfer of value from the harmed state to the enriched state; and that the principle of unjust enrichment is not merely subsidiary to the law of state responsibility for internationally wrongful conduct. Through rigorous analysis, the book explores the rationales underlying unjust enrichment - proprietary, fairness, and wrongfulness - and evaluates their applicability in the international arena. It also considers practical challenges such as indeterminacy, multiple-claimant situations, and the risk of proliferating disputes. Drawing on jurisprudence from the Iran-US Claims Tribunal, ICSID, and other international tribunals, as well as comparative insights from English, German, US, and other domestic laws, the book provides a nuanced framework for applying unjust enrichment in international law. It will be indispensable for scholars of public international law, practitioners engaged in inter-state adjudication, government lawyers, and investment arbitration specialists seeking principled solutions to complex disputes.

Unjust Enrichment in International Law

AfLR, a publication of Fordham University Press, is a peer-reviewed journal dedicated to high-quality scholarship on African law, governance and justice. We publish original research, critical essays, and policy-facing analysis that advances scholarly debate and practical understandings of law across the continent. Our aim is to amplify diverse voices, promote interdisciplinary approaches, and foster dialogue between academics, practitioners and policymakers.Distinctive in its direct connection to the African legal community, the Afrika Law Review amplifies African voices and perspectives while engaging with global legal discourse. It is the only African law journal based in the United States, uniquely positioned to bridge scholarship between Africa and the wider world.We publish high-quality articles across a broad spectrum of legal disciplines, welcoming contributions from distinguished scholars, judges, practitioners, policymakers, and outstanding students.

Afrika Law Review: Volume 1

Americans take it for granted that the states of the union make up an economic common market. But that is the case only because early in the nation's history the Supreme Court ruled that the Commerce Clause of the Constitution establishes a principle--sometimes called the "dormant Commerce Clause" principle--that blocks individual states from cutting off the free flow of cross-border trade. From the 1820s onward the Court has issued hundreds of rulings applying this doctrine to prevent the states from imposing tariff-like taxes, local processing requirements, and other restrictions on the free movement of goods and services across state lines. The result for the nation has been, as Justice Robert Jackson once observed, a "material success that . . . has been the most impressive in the history of commerce." After joining the Court in 1986 Justice Antonin Scalia challenged the dormant Commerce Clause principle as an illegitimate judicial innovation at odds with a proper "originalist" interpretation of the Constitution. This critique, moreover, quickly picked up steam as other prominent jurists and commentators--most notably, Justice Clarence Thomas--gave it their enthusiastic support. Is the originalist challenge to the dormant Commerce Clause rule well-founded? In The Common-Market Constitution, Coenen argues that the answer is no. Like Justice Scalia, Coenen focuses on discovering the original public meaning of the Commerce Clause. According to Coenen, however, the text and history of that clause compel a conclusion that is the direct opposite of the one that Justice Scalia reached. As Coenen demonstrates, a proper originalist assessment of the dormant Commerce Clause principle requires consideration of a sweeping body of text- and history-based evidence that ranges far beyond what critics of that principal rule have focused on in the past. A full and fair appraisal of that evidence, Coenen argues, leaves no doubt that the constitutional rule that the Court has long applied to safeguard the American common market does reflect the original public meaning of the Commerce Clause.

Text, History, and the "Dormant Commerce Clause" Rule

The Common-Market Constitution

Key Ideas in Law

This book provides an account of the most important and controversial aspects of the principle of legality in the United Kingdom. The principle of legality describes a method of statutory interpretation that empowers courts to prevent fundamental common law values from being overridden by unclear legislation. However, it makes more sense to think of multiple principles of legality, rather than a single concept. The book provides a fresh and detailed perspective on a controversial aspect of the common law. It will be useful for students of law and politics, legal practitioners and scholars. It explores the many complexities surrounding the historical origins, fields of application, mode of operation, and subject matter of the principle of legality. Despite its long history, the term 'principle of legality' only began to be used in public law cases towards the end of the twentieth century. More recently, judicial references to the principle of legality in high profile constitutional law cases have fuelled broader concerns about judicial overreach. The book argues that these concerns are unfounded, and deeper principles of legality are required.

Key Ideas in Law: The Principle of Legality

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