New International Law Books from Hart
Effectiveness, Legitimacy, and Human Rights
Chiara Redaelli
This book investigates the extent to which traditional international law regulating foreign interventions in internal conflicts has been affected by the human rights paradigm. Since the adoption of the Charter of the United Nations, foreign armed interventions in internal conflicts have turned into a common practice. At first sight, it might seem that state practice has developed in a chaotic fashion, however on closer examination, specific patterns emerge. The book charts these patterns by examining the traditional doctrines of intervention and testing them against state practise.
The book has two aims. Firstly, it seeks to clarify the current legal framework regulating interventions in internal conflicts. Secondly, it plots the emergence of new trends and investigates whether they are becoming part of positive international law. By taking this dual focus, it offers the first truly comprehensive examination of foreign interventions in internal conflicts.
Chiara Redaelli is Visiting Research Fellow at Harvard Law School and Research Fellow at the Geneva Academy of International Humanitarian Law and Human Rights.
Feb 2021 | 9781509940547 | 344pp | Hbk | RSP: £85
Discount Price: £68
Order online at www.hartpublishing.co.uk – use the code UG7 at the checkout to get 20% off your order!
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Collective Trauma and the Armenian Genocide
Armenian, Turkish, and Azerbaijani Relations since 1839
Pamela Steiner
In this pathbreaking study, Pamela Steiner deconstructs the psychological obstacles that have prevented peaceful settlements to longstanding issues.
The book re-examines more than 100 years of destructive ethno-religious relations among Armenians, Turks, and Azerbaijanis through the novel lens of collective trauma.
The author argues that a focus on embedded, transgenerational collective trauma is essential to achieving more trusting, productive, and stable relationships in this and similar contexts. The book takes a deep dive into history - analysing the traumatic events, examining and positing how they motivated the actions of key players (both victims and perpetrators), and revealing how profoundly these traumas continue to manifest today among the three peoples, stymying healing and inhibiting achievement of a basis for positive change.
The author then proposes a bold new approach to “conflict resolution” as a complement to other perspectives, such as power-based analyses and international human rights. Addressing the psychological core of the conflict, the author argues that a focus on embedded collective trauma is essential in this and similar arenas.
Pamela Steiner is Senior Fellow, FXB Center for Health and Human Rights, Harvard University.
Feb 2021 | 9781509934836 | 368pp | Hbk | RSP: £90
Discount Price: £72
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General Principles as a Source of International Law
Art 38(1)(c) of the Statute of the International Court of Justice
Imogen Saunders
This book provides a comprehensive analysis of an often neglected, misunderstood and maligned source of international law. Article 38(1)(c) of the Statute of the International Court of Justice sets out that the Court will apply the ‘general principles of law recognized by civilized nations’. This source is variously lauded and criticised: held up as a panacea to all international law woes or denied even normative validity. The contrasting views and treatments of General Principles stem from a lack of a model of the source itself. This book provides that model, offering a new and rigorous understanding of Article 38(1)(c) that will be of immense value to scholars and practitioners of international law alike.
At the heart of the book is a new tetrahedral framework of analysis - looking to function, type, methodology and jurisprudential legitimacy. Adopting an historical approach, the book traces the development of the source from 1875 to 2019, encompassing jurisprudence of the Permanent Court of International Justice and the International Court of Justice as well as cases from international criminal tribunals, the International Criminal Court and the World Trade Organisation. The book argues for precision in identifying cases that actually apply General Principles, and builds upon these ‘proper use’ cases to advance a comprehensive model of General Principles, advocating for a global approach to the methodology of the source.
Imogen Saunders is Lecturer in Law at the Australian National University, Canberra.
Feb 2021 | 9781509936069 | 304pp | Hbk | RSP: £85
Discount Price: £68
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The Offences Against the State Act 1939 at 80
A Model Counter-Terrorism Act?
Edited by Mark Coen
This timely edited collection brings together experts in the fields of legal history, criminal justice, human rights and counter-terrorism law to appraise Ireland’s Offences Against the State Act on the eightieth anniversary of its enactment. The origins, development, invocation and extension of the powers contained in the legislation are analysed and critiqued using a broad range of methodologies.
The book engages fully with the 1939 Act’s scope and complexity including consideration of the impact of the Act on issues as diverse as trial by jury, paramilitary organisations, organised crime, disclosure, the rules of evidence, freedom of expression and association, parliamentary oversight of legislation and adherence to international human rights norms. In addition, the interplay of the Act with the universal themes of normalcy, exceptionalism, contagion and due process are explored throughout.
This book will appeal to an audience beyond those with a particular interest in the Act itself. It combines historical and contemporary insights with theoretical and practical perspectives that will enrich the reader’s understanding of emergency law, wherever it arises.
Mark Coen is Lecturer in Law at University College Dublin.
Mar 2021 | 9781509931996 | 304pp | Hbk | RSP: £70
Discount Price: £56
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Indonesian Private International Law
Afifah Kusumadara
This book is the leading reference on Indonesian private international law in English. The chapters systematically cover the whole of Indonesian private international law including commercial matters, family law, succession, cross-border insolvency, intellectual property, competition (antitrust), and environmental disputes.
The chapters do not merely cover the traditional conflict of law areas of jurisdiction, applicable law (choice of law), and enforcement. The chapters also look into conflict of law questions arising in arbitration and assess Indonesian involvement in the harmonisation of private international law globally and regionally within ASEAN. Similarly to the other volumes in the Studies in Private International Law - Asia series, this book presents the Indonesian conflict of laws through a combination of common and civil law analytical techniques and perspectives, providing readers worldwide with a more profound and comprehensive understanding of the subject.
Afifah Kusumadara teaches at the Law Faculty of Brawijaya University in Malang, Indonesia.
Mar 2021 | 9781509924332 | 304pp | Hbk | RSP: £120
Discount Price: £96
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Chinese Private International Law
Edited by Xiaohong Liu and Zhengyi Zhang
Written with the assistance of a team of lecturers at the Shanghai University of Political Science and Law, this book is the leading reference on Chinese private international law in English. The chapters systematically cover the whole of Chinese private international law, not just questions likely to arise in commercial matters, but also in family, succession, cross-border insolvency, intellectual property, competition (antitrust), and environmental disputes. The chapters do not merely cover the traditional conflict of law areas of jurisdiction, applicable law (choice of law), and enforcement. They also look into conflict of law questions arising in arbitration and assess China’s involvement in the harmonisation of private international law globally and regionally within the Belt and Road Initiative. Similarly to the Japanese and Indonesian volumes in the Series, this book presents Chinese conflict of laws through a combination of common and civil law analytical techniques and perspectives, providing readers worldwide with a more profound and comprehensive understanding of Chinese private international law.
Xiaohong Liu is Professor and President and Zhengyi Zhang is Associate Professor and Deputy Director of the International Affairs Office, both at Shanghai University of Political Science and Law, China.
Apr 2021 | 9781509924370 | 432pp | Hbk | RSP: £130
Discount Price: £104
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