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Catalogue complet

Cultural Influences on the Law of the
Sea

Cultural Influences on the Law of the Sea

History, Legacy, and Future Prospects

While mainstream international legal scholarship has long treated race as a peripheral concern-or a historic injustice to be remembered but not redressed-this volume argues that racialisation is foundational to the discipline, underpinning its doctrines, epistemes, and interlocutors. Emancipating International Law explores the many ways racial hierarchy, systemic oppression, and global white supremacy shape international law. Bringing together leading and emerging scholars, the collection moves beyond qualifying whether international law is racist to explore how racial hierarchies are embedded in its structures and continue to evolve through legal and institutional practice. Divided into five sections, the book begins by situating international law's racialised boundaries within its colonial, capitalist, and chauvinist afterlives, exposing how white ignorance and race-thinking underpin legal norms, from sovereignty to jus cogens. It then examines racial stratification across legal institutions, including investment law, refugee law, and the Genocide Convention. The third section extends this critique to human rights, revealing the ways in which even an emancipatory paradigm can bolster racial injustices. The penultimate section unpacks racial hierarchies in disparate societies, including Brazil, India, and Japan, as well as the frontiers of nation-states. The volume concludes with a powerful discussion of the role of activism and alternative epistemologies in racial justice struggles, and the limits of international law's capacity for anti-racist transformation. Aimed at scholars, practitioners, and students of international law, critical legal studies, and anti-colonial theory, this book advances an understanding of international law that is aimed at dismantling its racialised structures. This is an open access title available under the terms of a CC BY-NC-ND 4.0 International licence. It is free to read on Oxford Scholarship Online and offered as a free PDF download from OUP and selected open access locations.

Confronting the Violence of Racialised Boundaries

Emancipating International Law

Coordinating Jurisdiction between the National and Institutional Legal Orders

Access to Justice and International Organisations

The Hamlyn Lectures

Lawyers Ethics after the Post Office and Other Cases

Frail Professionalism?

Routledge Revivals

Volume 1

The International Maritime Organisation

Maritime and Transport Law Library

Cargo claims are the most frequent form of third-party liability incurred by carriers by sea and their P&amp;I insurers. They are the bread-and-butter work of ship operators and P&amp;I clubs, with each club handling thousands of cargo claims every year. This new book examines every aspect of cargo claims from a legal and practical perspective and complements other legal textbooks which specialise in bills of lading or charterparties. Following the life of a typical cargo claim, the book analyses the basis upon which carriers face liability for cargo loss and damage; the law on delay and deviation; cargo interests' responsibilities for the cargo they ship; defences to cargo claims; the role of cargo insurers and subrogation; P&amp;I cover for cargo claims; and the recovery options available to a carrier facing a cargo liability. Cargo Claims also includes a detailed clause-by-clause commentary on the InterClub Agreement.Written for practitioners and those working on cargo claims day-to-day, the book will be invaluable for ship operators, shipping law firms, barristers' chambers, cargo recovery agencies and P&amp;I insurers. Readers will gain a comprehensive guide to the handling of cargo claims by way of a detailed analysis of the underlying legal principles and through practical guidance.

The Essential Guide

Cargo Claims

ASIL Studies in International Legal Theory

Democratic Representation in International Organizations

Studies in International and Comparative Criminal Law

This book unveils gaps, inconsistencies, and barriers to accountability emerging from the intersections between IHL and ICL in the definition and treatment of indiscriminate and disproportionate attacks as jus in bello violations. The book identifies and explains the unresolved legal problems surrounding the prevention and control of indiscriminate and disproportionate attacks as international war crimes, and critically unpacks the macroscopic implications of these problems for international adjudications. It goes on to address the challenges posed by these attacks as key causes of civilian victimization in war. The author demonstrates that the Rome Statute of the ICC, legibus sic stantibus, does not allow to prosecute and punish the most recurring forms of indiscriminate and disproportionate attacks, crucially impairing the ability of this institution to pursue the objectives declared by its founding treaty. It concludes by offering two amendment proposals for the Rome Statute to bridge the gaps and overcome the antinomies identified.

Bridging the Accountability Gap

Indiscriminate and Disproportionate Attacks in International Law

Modern Studies in Property Law

This collection is based on papers presented at the well-established Modern Studies in Property Law biennial conference. It contains cutting-edge research relating to property law broadly conceived, covering land law, equity and trusts, and the interaction between property law and the environment. Part 1 of Volume 13 in the Modern Studies in Property Law series examines a diverse range of topics in property law and uses a wide range of methodological approaches to reflect on a variety of current and emerging issues that have been overlooked, offering new analysis and insights that will be valuable for property lawyers, academics and students. The contributors are leading academics and practitioners from several common law jurisdictions, which expands the book's focus and enhances its value to the reader.

Use, Abandonment, and Protection of Land

Modern Studies in Property Law, Volume 13, Part 1

This book provides an in-depth analysis of the reintroduction and recovery of the Mexican wolf in the American Southwest, with a particular focus on the role of the Federal judiciary. Edward A. Fitzgerald contends that federal courts have played a critical role in facilitating the species' return, primarily through their interpretation of statutory law - most notably, the Endangered Species Act (ESA). The courts rejected challenges from the livestock industry, reaffirmed Federal authority over the recovery process, and struck down certain Federal regulations that hindered effective wolf management. However, Fitzgerald argues that the judiciary also made significant missteps. Federal courts upheld revised Mexican wolf management regulations and recovery plans that failed to meet the ESA's requirement to rely on the "best available science." Additionally, the courts issued inconsistent rulings concerning the construction of border barriers. While they blocked the Trump administration's unauthorized transfer of funds for wall construction, they repeatedly and erroneously upheld the Secretary of Homeland Security's waiver authority. This authority permitted border wall construction to proceed in violation of Federal, state, and local laws - actions Fitzgerald claims exceeded statutory limits and violated the nondelegation doctrine. Providing a comprehensive and detailed examination of the legal challenges surrounding the Endangered Species Act and the recovery of the Mexican gray wolf, this book will be of interest to legal scholars, policymakers, and conservation advocates.

Lobo Returns from Limbo

Mexican Gray Wolves, Courts, and the Border Wall

Global Challenges in the Environmental Humanities

Adopting a multidisciplinary approach to climate adjudication, this book addresses how adjudicators decide cases by considering the influence of psychology, philosophy, legal education, film, literature, political economy, political ecology, judicial appointments, history, and climate science on their decision-making and ultimately on the (inconsistent) outcomes in climate cases. Drawing upon the humanities, science of climate change and/or social sciences to identify extra-legal factors that may drive the decision-making processes and outcomes of climate cases, this book uses case studies from different jurisdictions across the globe, addressing climate cases decided or pending in Africa, Asia, Europe, Latin and North America, and Oceania. In all, the volume will: - Engage with extra-legal influence to how show judges and arbitrators make their decisions in climate cases, shedding light on the inconsistent responses that climate cases have generated so far - Challenge assumptions of legal universalism, by recognising differences in how the law works in various - Inform actors involved in climate litigation (lawyers, judges, arbitrators, disputants), policymakers, and the public about how cases are decided

Multidisciplinary Perspectives

Adjudicating Climate Change

Collected Courses of the Academy of European Law

The discourse, scholarship, and practice of transitional justice have become pivotal to addressing historical systematic injustices. However, until recently, the field has largely overlooked some of the most enduring and pervasive injustices of human history: racism and the colonialism and slave-trade that both reflected and fuelled it. Race and Transitional Justice examines how race and racism interact with transitional justice mechanisms and institutions to question why this is the case, and how it could be different. Bringing together diverse perspectives to examine the historical and socio-political contexts of transitional justice, this book argues that the field remains largely inattentive to the role of race. As a result, transitional justice institutions may be sustaining the very racialization that they are expected to remedy. The contributions offer a range of responses. Some call to abandon the whole field, citing its complicity in the indefinite maintenance of settler hegemony. Others consider transitional justice an essential space to work towards a more just, non-racist, social order. The result is a sensitive reflection into emancipatory transitional justice futures.

Race and Transitional Justice

A Practitioner's Guide to Maritime Boundary Delimitation remains the definitive guide for anyone involved in maritime boundary-making and dispute resolution, whether from within law, technical practice, academia, government or related fields. Drawing on the combined perspectives and extensive experience of its authors, the book provides a unique blend of legal and technical insights into the principles, methods and best practices of maritime delimitation, with a particular emphasis on international jurisprudence since the landmark North Sea Continental Shelf cases (1969) and advent of the UN Convention on the Law of the Sea (1982). This thoroughly updated edition covers key developments since 2016, such as the changing role of islands and rocks in delimitation, developments in seabed delimitation beyond 200 miles from the coast, climate change impacts and the growing role of non-binding third-party dispute resolution procedures. The book analyses 29 modern maritime boundary delimitation cases (including six new cases decided since the previous edition) and assesses their ongoing relevance today. Richly illustrated with full-colour maps by a leading technical expert in international dispute resolution, the book brings complex legal and geographical issues vividly to life. Cited frequently before international courts and tribunals—including the International Court of Justice and the International Tribunal for the Law of the Sea—the first edition established itself as an essential resource. This new edition builds on this legacy, remaining an invaluable tool for practitioners, negotiators, litigators, and educators in maritime boundary law.

A Practitioner's Guide to Maritime Boundary Delimitation

Cultural Influences on the Law of the Sea

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