International Law and Human Rights 2013 ROW

International Law
and Human Rights 2013

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ASHGATE
International Law
and Human Rights 2013
Contents
New Titles . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . 2-14
Cultural Diversity and Law Series . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . 5
Cultural Diversity and Law in Association with RELIGARE Series . . . . . . . . . . . 6
International and Comparative Criminal Justice Series . . . . . . . . . . . . . . . . . . . 9
Reference New Titles . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . .15
The Library of Essays on Equality and Anti-Discrimination Law Series . . . . . 16
The International Law of Peace and Security Series . . . . . . . . . . . . . . . . . . . . . 17
Complex Dispute Resolution Series . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . 18
The International Library of Essays on Rights Series . . . . . . . . . . . . . . . . . . . . 19
2
The Library of Essays on Chinese Law . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . 20

The Library of Essays in International Humanitarian Law Series . . . . . . . . . . 21
Ordering Information . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . Back Page
The Ashgate list
The Ashgate list (incorporating Dartmouth) is well

established. We publish across a broad range of areas
and constantly seek to grow the depth and scope of
the list. Best known for our prestigious, cutting-edge
research monographs, we also publish innovative
texts, collected editions, and reference volumes.
Our books are primarily aimed at the international
academic market although professionals and
policy-makers will also find much of interest.

Visit www.ashgate.com/law for more information.
Review Copies
For review copies of titles in this catalogue,
please contact:
Debbie Fattore
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Telephone: +44 (0)1252 736600
Fax: +44 (0)1252 736736
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Pricing and Contents
Prices and publication dates shown in this catalogue

are correct at press time (November 2012), but are
subject to change without notice. Details of
forthcoming titles are necessarily provisional.
New Titles
Aboriginal Child Welfare,

Self-Government and the
Rights of Indigenous Children
The Ashgate Research

Companion to Ethics and
International Relations
Protecting the Vulnerable Under International Law
Edited by Patrick Hayden,

University of St Andrews, UK
Sonia Harris-Short, University of Birmingham, UK

This volume addresses the contentious and topical
issue of aboriginal self-government over child welfare.
It focuses on Canada and Australia to examine the
fundamental changes in the design, management and
delivery of child welfare and protection services within
aboriginal communities. The role of international
law as a potentially more sensitive solution is also
explored. It is argued that the effective implementation
of such changes requires a journey well beyond
the single issue of child welfare to the heart of the
debate over self-government, self-determination and
sovereignty in both national and international law.
December 2011
Hardback
ebook PDF
ebook ePUB
342 pages
978-1-4094-1954-9
978-1-4094-1955-6
978-1-4094-9787-5
70.00
Activating Human Rights

and Peace
September 2009
Hardback
ebook PDF
ebook ePUB
504 pages
978-0-7546-7101-5
978-0-7546-9164-8
978-1-4094-9919-0
90.00
www.ashgate.com/isbn/9780754671015
Critical Perspectives
Theories, Practices and Contexts

Edited by GOH Bee Chen, Southern Cross
University (Gold Coast Campus), Australia,
Baden Offord, Southern Cross University (Lismore
Campus), Australia and Rob Garbutt, Southern
Cross University (Lismore Campus), Australia
provides us with a unique insight into the use of
human rights in activating peace by drawing on a range
of case studies from Australia and elsewhere. You will
find the solid evidence of what works and what does
not as well as the unusual tactics that some authors
have adopted as peace builders.
Monica McWilliams, University of Ulster, UK
Using a diverse cross-section of case studies,
Activating Human Rights and Peace argues that we
need to appreciate that cultivating a human rights and
peace consciousness is choice-less. There is a moral
imperative to engender and sustain an ethical praxis
that is motivated by a concern and commitment for
how we live with each other. In doing so, we need to
link experience substantively to education and vision,
as these are mutually sustaining.
270 pages
978-1-4094-3076-6
978-1-4094-3077-3
978-1-4094-7688-7
includes 27 commissioned essays

Companion to International
Criminal Law
June 2012
Hardback
ebook PDF
ebook ePUB
This indispensable Research Companion widens the

perspective of moral consideration in international
relations from ethics and international relations
to ethics in international relations, redressing the
(mis)perception that ethical concepts, principles,
norms and rules are not in part constitutive of the
international system and the agents acting within
that system.
Edited by William A. Schabas, Middlesex University,

UK, Yvonne McDermott, Bangor University, UK
and Niamh Hayes, Institute for International
Criminal Investigations
This unique research Companion takes a critical
approach to a wide variety of theoretical, practical,
legal and policy issues surrounding and underpinning
the operation of international criminal law as applied
by international criminal tribunals. The authors raise
issues which are likely to provide the most significant
challenges and most promising opportunities for the
continuing development of this body of law.
May 2013
Hardback
ebook PDF
ebook ePUB
576 pages
978-1-4094-1918-1
978-1-4094-1919-8
978-1-4094-7253-7
90.00
55.00
E-mail: ashgate@bookpoint.co.uk
Order online and receive a 10% discount
www.ashgate.com/law
New Titles

Companion to Migration Law,
Theory and Policy
Constitutional Paradigms
and the Stability of States
Edited by Satvinder S. Juss, Kings College London,

School of Law, UK
This is an extremely interesting analysis of the role

that states constitutions play in determining the
success or failure of those states themselves. The
writers grasp of public law, international law and
political and economic science, with their historical
foundations and development, and his ability to weave
all these into a convincing whole is most impressive
and make for an absorbing read.
Derek Oulton, Magdalene College, Cambridge, UK
Noel Cox, Aberystwyth University, Wales
LAW AND MIGRATION
The Ashgate Research Companion to Migration Law,

Theory and Policy complements the already successful
Ashgate series Law and Migration. The purpose of
this Companion is to augment that Series, by taking
stock of the current state of literature on migration law,
theory and policy, and to sketch out the contours of its
future long-term development, in what is now a vastly
expanded research agenda. The Companion provides
readers with a definitive and dependable state-of-art
review of current research in each of the chosen areas.
The contributors are both world-renowned scholars
and newer voices and include scholars, practitioners,
former judges and researchers and policy-makers who
are currently working for international organisations.
Includes 3 b&w illustrations
February 2013
Hardback
ebook PDF
ebook ePUB
768 pages
978-0-7546-7188-6
978-0-7546-9270-6
978-1-4094-7249-0
110.00
April 2012
Hardback
ebook PDF
ebook ePUB
This book examines the influence of constitutional

legal paradigms upon the political stability and
viability of states. It contributes to the literature in
the field by focussing on how constitutional flexibility
may have led to the rise of successful states and to
the decline of unsuccessful states, by promoting
stability. It explains the concept of hard and soft
constitutions and applies this concept to different
types of state models. A series of international case
studies identifies the key dynamics in legal, political
and economic history.
308 pages
978-0-7546-7920-2
978-0-7546-9818-0
978-1-4094-9797-4
70.00
Borderline Slavery
Mexico, United States, and the Human Trade
Edited by Susan Tiano, University of New Mexico,
USA, Moira Murphy-Aguilar, University of
Texas at El Paso, USA and Brianne Bigej
SOLVING SOCIAL PROBLEMS
This magnificent, yet painful-to-read volume offers

theoretically rich yet grounded and accessible chapters
on modern-day trafficking in human beings. The volume
covers the global to local: world economic systems
and United Nations actions to various parts of the
U.S.-Mexico border and the NGO activists and law
enforcement personnel therein.
Kathleen Staudt, University of Texas at El Paso, USA
Discussing the multinational networks, global
economics, and personal motives that fuel a
multibillion dollar trade in human beings as cheap
labour, Borderline Slavery suggests future directions
for effective policies and law enforcement strategies to
prevent the advance of trafficking. As such, it will be
of interest to both policy makers and scholars across
the social sciences working in the fields of migration,
exploitation and trafficking.
October 2012
Hardback
ebook PDF
ebook ePUB
298 pages
978-1-4094-3968-4
978-1-4094-3969-1
978-1-4094-8378-6
International Law and Human Rights
60.00
Democracy in Iraq
History, Politics, Discourse
Benjamin Isakhan, Deakin University, Australia
Democracy in Iraq expertly excavates democratic
traditions that have long been buried in Western
Orientalism and Bathist totalitarianism. In
demonstrating that a will towards collective and
participatory governance has existed over the centuries,
Benjamin Isakhan rescues assessments for Iraqi
democratisation from the kind of negative determinism,
deracinated from history and local culture, that has
dominated scholarly and policy debates.
James Piscatori, Durham University, UK
This book proposes a significant reassessment of the
history of Iraq, documenting democratic experiences
from ancient Mesopotamia through to the US
occupation. Taking an interdisciplinary approach
and referring to some of the most influential critical
theorists to question ideological assumptions about
democracy and its history, this book will be useful to
those interested in political and legal history, human
rights and democracy.
September 2012
Hardback
ebook PDF
ebook ePUB
200 pages
978-1-4094-0175-9
978-1-4094-0176-6
978-1-4094-6115-9
60.00
ASHGATE
New Titles
Discourse and Practice

in International Commercial
Arbitration
Ethics, Law and Society

Volume V
Edited by Nicky Priaulx, Cardiff Law School,
Cardiff University, UK and Anthony Wrigley,
Keele University, UK
Issues, Challenges and Prospects

Edited by Vijay K. Bhatia, City University of
Hong Kong, Christopher N. Candlin, Macquarie
University, Sydney, Australia and Maurizio Gotti,
University of Bergamo, Italy
LAW, LANGUAGE AND COMMUNICATION
This book addresses, in a range of ways and

from various locations and sites, those aspects of
arbitration practice that are considered crucial for
its integrity as an institution and its independence
as a professional practice. It hi-lights the challenges
facing the institution of arbitration, and identifies
the opportunities available for its development as an
institution. This volume serves as a useful resource
for all scholars and practitioners interested in the
institution of arbitration and its professional practices.
February 2012
Hardback
ebook PDF
ebook ePUB
338 pages
978-1-4094-3231-9
978-1-4094-3232-6
978-1-4094-9792-9
70.00
ETHICS, LAW AND SOCIETY
This volume forms part of a series exploring key issues

in ethics, law and society, published in association
with the Cardiff Centre for Ethics, Law and Society. The
works collectively address new technological, social
and regulatory developments and the fresh ethical
dilemmas these pose, and also quite critically compel
an urgent revisiting of social and legal issues that were
once the subject of controversy but which have now
fallen out of the line of sight of academics, politicians
and policy-makers. This fifth and final volume brings
the series to a close and is dedicated to the memory
of Dr Jennifer Gunning.
January 2013
Hardback
ebook PDF
ebook ePUB
352 pages
978-1-4094-1916-7
978-1-4094-1917-4
978-1-4094-7146-2
70.00
Fighting for Rights
Ethics and Security Aspects

of Infectious Disease Control
From Holy Wars to Humanitarian

Military Interventions
Tal Dingott Alkopher, Hebrew University of
Jerusalem, Israel
Interdisciplinary Perspectives
ETHICS AND GLOBAL POLITICS
Edited by Christian Enemark, The Australian

National University, Australia and Michael J. Selgelid,
Monash University, Australia
In the light of NATOs humanitarian war in Kosovo is it

possible to understand or explain wars as an outcome
of perceptions of rights? How did rights, be they divine
rights in the Middle Ages, territorial rights in the
eighteenth century, or human rights today, become
something that people are willing to fight and die for?
To answer these questions, this book explores the
linkage between concepts of rights and the practice
of war in the international arena, describing how
normative structures of rights have shaped different
practices of war from medieval to modern times,
through the lens of social constructivism.
GLOBAL HEALTH
...This important volume establishes not only the

significance of these questions, but their range and
underpinning philosophies. As such it is essential
reading for both practitioners and academics interested
in this field.
Colin McInnes, Aberystwyth University, UK
The actual or potential burden of infectious diseases
is sometimes so great that governments treat them as
threats to national security. However, such treatment
potentially increases the risk that emergency diseasecontrol measures will be ineffective, counterproductive
and/or unjust. Research on ethical issues associated
with infectious disease is a relatively new and rapidly
growing area of academic inquiry, as is research
on infectious diseases within the field of security
studies. This volume incorporates ethical and security
perspectives, thus furthering research in both fields.
Its unique focus on the intersection of ethical and
security dimensions will, furthermore, generate fresh
insights on how governments should respond to
infectious disease challenges.
March 2013
Hardback
ebook PDF
ebook ePUB
200 pages
978-1-4094-4539-5
978-1-4094-4540-1
978-1-4724-0120-5
55.00

November 2012
Hardback
ebook PDF
ebook ePUB
258 pages
978-1-4094-2253-2
978-1-4094-2254-9
978-1-4094-7089-2
55.00
www.ashgate.com/law
Cultural Diversity and Law Series
SERIES
CULTURAL DIVERSITY AND LAW
Series editor: Prakash Shah, Queen Mary, University of London, UK
Around the world, most states are faced with difficult issues arising out of cultural diversity in their territories.
Within the legal field, such issues span across matters of private law through to public and constitutional law. At
international level too there is now considerable jurisprudence regarding ethnic, religious and cultural diversity.
In addition, there are several layers of legal control from communal and religious regulation to state and
international regulation. This multiplicity of norm setting has been variously termed legal pluralism, inter-legality
or inter-normativity and provides a fascinating lens for academic analysis that links up to cultural diversity in new
and interesting ways. The umbrella of cultural diversity encompasses various population groups throughout the
world ranging from national, ethnic, religious or indigenous groupings. This series particularly welcomes work
that is of comparative interest, concerning various state jurisdictions as well as different population groups.
For more information on this series visit www.ashgate.com/culturaldiversityandlaw
Law, Religious Freedoms

and Education in Europe
Minorities and Nationalism

in Turkish Law
Myriam Hunter-Henin, University College London, UK
Derya Bayir
Nowhere is the relationship between religions and the

state more contested than in the field of education.
Dr. Hunter-Henin has assembled an impressive
collection of legal perspectives which are firmly rooted
in comparative analysis and constitutional principle.
At last we have a volume which does justice to the
complexity of the topic.
Julian Rivers, University of Bristol, UK
This book is a significant contribution to our

understanding of mentalities and contexts, events and
processes that have informed the Turkish Republic in its
management of internal complexities. It makes Turkish
law more accessible to a wider public and implicitly
outlines better, more human rights-friendly options for a
management process that would prospectively enhance
the reputation of the Turkish State.
Patrick Thornberry, Keele University, UK
This topical study of a highly sensitive area of

education presents a valuable insight for students,
researchers and academics with an interest in cultural
and religious diversity, human rights and education.
This collection considers how contemporary cultural
and religious diversity challenges and redefines
national constitutional and legal frameworks and
concepts, within the context of education and offers
a critical reflection on the extent and meanings given
to religious freedom in education across Europe.
February 2012
Hardback
ebook PDF
ebook ePUB
410 pages
978-1-4094-2730-8
978-1-4094-2731-5
978-1-4094-9791-2
75.00
This book argues that the states failure to

accommodate ethno-religious diversity in Turkey is
attributable to the founding philosophy of Turkish
nationalism and its heavy penetration into the sociopolitical and legal fibre of the country. It examines the
articulation and influence of the founding principle in
law and in the higher courts jurisprudence in relation
to the concepts of nation, citizenship, and minorities
Adopting an interdisciplinary approach, this timely
book will interest those engaged in the fields of Middle
Eastern, Islamic, Ottoman and Turkish studies, as well
as those working on human rights and international
law and nationalism.
January 2013
Hardback
ebook PDF
ebook ePUB
304 pages
978-1-4094-2007-1
978-1-4094-2008-8
978-1-4094-7254-4
70.00
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ASHGATE
Cultural Diversity and Law in Association with RELIGARE Series
SERIES
CULTURAL DIVERSITY
AND LAW IN ASSOCIATION
WITH RELIGARE
Religion in Public Spaces
Series editor: Prakash Shah, Queen Mary,

University of London, UK
With contributions from some of the leading experts

in the area of law and religion and covering a range
of very different European countries including
Turkey, the UK, Italy and Bulgaria, this book
uses comparative case studies to illustrate how
practice varies significantly even within Europe.
It reveals how familiarization with religious and
philosophical diversity in Europe should lead to
the modification of legal frameworks historically
designed to accommodate majority religions. This
in turn should give rise to recognition of new groups
and communities and eventually, a more adequate
response to the plurality of religions and beliefs in
European society.
RELIGARE is a project on Religious Diversity and

Secular Models in Europe funded by the European
Commission under the 7th Framework programme.
The project brings together an interdisciplinary team of
high profile researchers and 13 academic institutions
to collaborate on examining how existing policy
and practice is suited to the demands of religious
diversity within Europe and what legal models can be
recommended to accommodate such diversity in future.
More details on the project can be seen at its website:
http://www.religareproject.eu/. Cultural Diversity and
Law in Association with RELIGARE provides an outlet
for the results of specific research undertaken within
the RELIGARE project.
For more information on this series visit
www.ashgate.com/cdalreligare
A European Perspective
Edited by Silvio Ferrari and Sabrina Pastorelli,
both at The University of Milan, Italy
September 2012
Hardback
ebook PDF
ebook ePUB
408 pages
978-1-4094-5058-0
978-1-4094-5059-7
978-1-4094-8333-5
70.00
A Test of Faith?
Religious Diversity and Accommodation
in the European Workplace
Edited by Katayoun Alidadi, Marie-Claire Foblets
and Jogchum Vrielink, all at the Catholic University
of Leuven, Belgium
Issues of religious diversity in the workplace have
become very topical and have been raised before
domestic courts and the European Court of Human
Rights. Examining the controversial and constantly
evolving position of religion in the workplace, this
collection brings together chapters by legal and social
science scholars and provides a wealth of information
on legal responses across Europe, Turkey and the
United States to conflicts between professional
and religious obligations involving employees
and employers.
August 2012
Hardback
ebook PDF
ebook ePUB
382 pages
978-1-4094-4502-9
978-1-4094-4503-6
978-1-4094-6170-8
75.00
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email ashgateupdates@ashgatepublishing.com (letting us know which subject area/s you are
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New Titles
Financial Regulation in Africa
The Global Financial Crisis
An Assessment of Financial Integration

Arrangements in African Emerging and
Frontier Markets
Triggers, Responses and Aftermath

Tony Ciro, Australian Catholic University, Australia
Iwa Salami, University of East London, UK

MARKETS AND THE LAW
A comprehensive analysis of the spaghetti bowl of

economic integration efforts of Africa over the past half
century, pointing out the overlap and ineffectiveness of
many of these efforts; yet, insightfully demonstrating
the future need and challenges for such integration
efforts, particularly in the area of financial integration
and reform. Highly recommended.
Joseph J. Norton, former Sir John Lubbock Professor
of Banking Law (London), UK
This book, which is the first comprehensive analysis
of financial integration and regulation in Africa, fills
a huge gap in the literature on financial regulation
and constitutes an invaluable source of information
to policy makers, investors, researchers and students
of financial regulation from an emerging and frontier
markets perspective. It considers how financial
integration can facilitate African financial markets to
achieve their full potential and provides a comparative
study with the EU framework for financial integration
and regulation.
August 2012
Hardback
ebook PDF
ebook ePUB
250 pages
978-0-7546-7985-1
978-0-7546-9956-9
978-1-4094-6114-2
65.00
the topics are addressed comprehensively, and

presented in a well-ordered and thoughtful style. The
language used in the book is very lucid. It provides a
clear and concise information about the Global Financial
Crisis which will assist all those who are not intimately
familiar with the relevant events, but also discusses the
more complex aspects of the crisis in significant detail for
more demanding readers. Academics, students, business
professionals and regulators alike will no doubt find this
book extremely useful.
International Journal of Trade and Commerce
This book provides an examination and critical review
of the Global Financial Crisis (GFC). Asking many
pertinent questions about the causes of the crisis and
its effects, the book explores fundamental themes
such as asset bubbles and speculation in the financial
and non-financial markets, systemic risks and the
role of regulation and regulators. It also reviews the
response of international institutions such as the
IMF, the World Bank, the US Federal Reserve, the
EU Central Bank and the G20. Comparisons are
also drawn with previous financial crises.
February 2012
Hardback
ebook PDF
ebook ePUB
266 pages
978-1-4094-1139-0
978-1-4094-1140-6
978-1-4094-9790-5
65.00
A Good Death?
From Cape Town to Kabul
Law and Ethics in Practice
Rethinking Strategies for Pursuing Womens

Human Rights
Edited by Lynn Hagger, University of Sheffield, UK and

Simon Woods, University of Newcastle, UK
Penelope Andrews, Albany Law School, USA

In this fascinating read, the author addresses the
critical complexities of womens rights in transitional
societies. Developing the intriguing concept of
conditional interdependence, she challenges
feminist conceptualizations based primarily on
personal autonomy. Whether in her native South
Africa or Afghanistan, progress occurs only with
the support of the community of women AND men.
Adrien K. Wing, University of Iowa College of Law, USA
Using her experience of living under apartheid and
witnessing its downfall and the subsequent creation
of new governments in South Africa, the author
examines and compares gender inequality in societies
undergoing political and economic transformation.
Broad in its thematic approach, the book generates
challenging and complex questions about the
achievement of gender equality. It will be of interest
to academics interested in gender and human rights,
international and comparative law.
December 2012
Hardback
ebook PDF
ebook ePUB
230 pages
978-0-7546-7996-7
978-0-7546-9978-1
978-1-4094-7240-7
This volume presents an interdisciplinary perspective

on end-of-life matters, covering themes such as
patients rights to determine their own good death,
considering their best interests when communication
becomes difficult and the role and responsibilities of
health professionals, the book outlines how ethical
healthcare might be achieved when dealing with
assisted suicide by organizations and how end of life
services in general might be improved. It will be of
interest to students and academics working the area of
medical law and ethics as well as health professionals
and policy-makers.
January 2013
Hardback
ebook PDF
ebook ePUB
190 pages
978-1-4094-2089-7
978-1-4094-2090-3
978-1-4094-7255-1
65.00
65.00
ASHGATE
New Titles
The Human Rights of Children

From Visions to Implementation
Edited by Antonella Invernizzi and Jane Williams, both
at Swansea University, UK
This volume provides a series of analyses of some of
the contemporary debates in relation to the human
rights of children, resituating them within visions
which informed the text of the United Nations
Convention on the Rights of the Child in 1989. Authors
examine some of todays interpretations of the CRC
as well as what is implied by a human rights-based
approach in research and advocacy. They consider
advances and barriers to research and to several
aspects of CRC implementation. With contributions
by leading experts in the field, the book examines
the CRC as an international instrument, its inherent
dilemmas and some of the debates generated by
the challenges of implementation at different levels
of governance.
May 2011
Hardback
ebook PDF
ebook ePUB
372 pages
978-1-4094-0531-3
978-1-4094-0532-0
978-1-4094-9754-7
70.00
Edited by Marijke Malsch, Netherlands Institute

for the Study of Crime and Law Enforcement,
The Netherlands and Marius Duker, VU University,
Amsterdam, The Netherlands
Providing a fascinating insight into the changing forms
of incapacitation, this volume delineates the spread of
what the editors call the urge to control and disable.
Blessed with contributions from outstanding scholars,
Incapacitation serves not only as an invaluable
penological resource, but also to advance thinking
about the changing characters of punishment and
penal practices.
Cyrus Tata, Strathclyde University, Scotland
This book discusses the topic of incapacitation from
various angles and perspectives. It explores how
theories of justice and objectives of punishment are
affected by the new emphasis on incapacitation. It also
looks at how criminal justice practice is changing as a
consequence of this new emphasis. The book presents
an overview of these trends, their consequences and
alternatives. While a number of cases are focused on
the Netherlands, these are placed within the wider
comparative and international context. The volume
contains contributions from leading experts in the
area including: Jonathan Simon, Daniel Nagin,
and Hans-Joerge Albrecht.
GLOBAL HEALTH
Hein and Moon take up a serious problem of

contemporary global governance: what can be
done when international trade rules prevent the
realization of basic human rights? This book recounts
the remarkable story of the access to medicines
movement and offers an explanation for how the
access norm emerged against long odds. It also
explores the stability and scope of the norm with
respect to other diseases and emerging economies.
Finally, in light of the high barriers to changing formal
global trade rules, the book considers the potential
and limitations of informal norms for protecting
human rights, and when renewed focus on changing
formal norms may be warranted.
248 pages
978-1-4094-2633-2
978-1-4094-2634-9
978-1-4094-7090-8
55.00
Trends and New Perspectives
Wolfgang Hein, GIGA German Institute of Global

and Area Studies, Germany and Suerie Moon,
Harvard University, USA
February 2013
Hardback
ebook PDF
ebook ePUB
Incapacitation
274 pages
978-1-4094-3995-0
978-1-4094-3996-7
978-1-4094-7151-6
Human Rights, Intellectual Property Rules

and Access to Medicines
Includes 9 figures and 3 tables
December 2012
Hardback
ebook PDF
ebook ePUB
Informal Norms in
Global Governance
60.00
Intellectual Liberty
Natural Rights and Intellectual Property
Hugh Breakey, Griffith University, Australia
LAW, ETHICS AND GOVERNANCE
...Intellectual property rights do not stand as trumps

but as components in systems of rights and liberties, in
particular intellectual liberties, such as the freedom to
learn about the world and to use what one has learned
to inform ones actions. These intellectual liberties
frame and cabin the reach of justifiable intellectual
properties. Breakeys argument is made with the care,
sophistication, clarity, and verve.
Lionel Bently, University of Cambridge, UK
Considering the steady increase in intellectual
property rights in the last century, does it make sense
to speak of users rights and can limitations on
intellectual liberty be justified from a rights-based
perspective? This book philosophically defends the
importance of the public domain and users rights
through the use of natural-rights thought. Utilizing
primarily the work of John Locke, it contends that
considerations of natural justice and human freedom
impose powerful constraints on the proper reach
and substance of intellectual property rights,
especially copyright.
November 2012
Hardback
ebook PDF
ebook ePUB
186 pages
978-1-4094-4711-5
978-1-4094-4712-2
978-1-4094-7262-9
65.00
www.ashgate.com/law
International and Comparative Criminal Justice Series
SERIES
INTERNATIONAL
AND COMPARATIVE
CRIMINAL JUSTICE
Exploring the Boundaries of

International Criminal Justice
Edited by Ralph Henham, Nottingham Trent University,
UK and Mark Findlay, University of Sydney, Australia
Series editors: Mark Findlay, Director, Institute

of Criminology, Law School, University of Sydney,
and Ralph Henham, Law School Dept of Academic
Legal Studies, Nottingham Trent University
This series explores the new and rapidly developing
field of international and comparative criminal justice
and engages with its most important emerging themes
and debates. It focuses on three interrelated aspects
of scholarship which go to the root of understanding
the nature and significance of international criminal
justice in the broader context of globalization and
global governance. These include: the theoretical and
methodological problems posed by the development
of international and comparative criminal justice;
comparative contextual analysis; the reciprocal
relationship between comparative and international
criminal justice and contributions which endeavor to
build understandings of global justice on foundations
of comparative contextual analysis.

www.ashgate.com/ICCJ
Criminal Law Reform

and Transitional Justice
Human Rights Perspectives for Sudan
Edited by Lutz Oette, SOAS, University of London, UK
This book examines the nature, policy aspects and
interrelationship of Sudanese criminal law and law
reform in the context of an uncertain transition from
conflict to post-conflict society. In so doing, it situates
current developments in Sudan in the broader debate of
international human rights, rule of law and transitional
justice. For the first time, Sudanese, national, regional
and international experts and practitioners are brought
together to share experiences, combining a range of
legal and policy perspectives. It also considers what
broader lessons can be drawn for reform initiatives in
other societies undergoing transitions.
November 2011
Hardback
ebook PDF
ebook ePUB
328 pages
978-1-4094-3100-8
978-1-4094-3101-5
978-1-4094-9779-0
This collection discusses appropriate methodologies

for comparative research and applies this to the issue
of trial transformation in the context of achieving
justice in post-conflict societies. In developing
arguments in relation to these problems, the authors
use international sentencing and the question of
victims interests and expectations as a focus.
June 2011
Hardback
ebook PDF
ebook ePUB
296 pages
978-0-7546-4979-3
978-0-7546-8931-7
978-1-4094-9757-8
65.00
The International Criminal Court

and National Courts
A Contentious Relationship
Nidal Nabil Jurdi, American University of Beirut, Lebanon
A YANKEE BOOK PEDDLER UK CORE TITLE FOR 2011
This book analyzes the position of the ICC in relation to
national court systems, illustrating that its relationship
with the national courts under the complementarity
mechanism, is much more complex in practice. It
brings to light possible solutions to overcome the
gaps in law and practice in the jurisdictional relation
and will be of value to academics, students and
policy-makers working in the area of international
law, international organizations, and human rights.
February 2011
Hardback
ebook PDF
ebook ePUB
332 pages
978-1-4094-0916-8
978-1-4094-0917-5
978-1-4094-9747-9
65.00
70.00
ASHGATE
New Titles
International Criminal Justice

Law and Practice from the Rome Statute
to Its Review
Edited by Roberto Bellelli
706 pages
978-1-4094-0267-1
978-1-4094-0268-8
978-1-4094-9711-0
85.00
International Human Rights Law

Six Decades after the UDHR and Beyond
Edited by Mashood Baderin, SOAS, University
of London, UK and Manisuli Ssenyonjo,
Brunel University, UK
This timely and valuable book explores the
development of international human rights law over
the last six decades. The volume brings together
leading experts to reflect on different aspects of
human rights law, not only considering and evaluating
the developments so far, but also identifying relevant
problems and proposing relevant possible perspectives
for the continued positive future development of
international human rights law.
November 2010
Hardback
ebook PDF
ebook ePUB
588 pages
978-1-4094-0359-3
978-1-4094-0360-9
978-1-4094-9728-8
Lessons from Developments in the MENA Region

Mohamed A.M. Ismail, Conseil dEtat, Egypt
This volume presents an overview of the principal

features of the legacy of International Tribunals and
an assessment of their impact on the International
Criminal Court and on the review of the Rome Statute.
It illustrates the foundation of a system of international
criminal law and justice by using case studies to
provide advice for possible future developments
in international criminal procedure and law.
July 2010
Hardback
ebook PDF
ebook ePUB
International Investment
Arbitration
75.00
Arbitration is the most common mechanism for

settlement disputes in developing countries.
Following the adoption of a free market economy,
arbitration will play an increasingly fundamental role
in order to protect foreign investors in the Middle
East and North African Region (MENA). This book
examines the pulse and dynamics of international
investment arbitration and the new era of mediation
in state contracts in the region. The author explores
the harmonization of international arbitration and the
sensitive issue of le Contrat Administratif in Middle
East civil law countries. The volume also discusses
the pivotal role of international organizations such
as UNCTAD and ICSID in codifying fair and prompt
mechanisms for disputes settlements. Using
Latin American countries as a prime example of
how international legislative instruments serve
international investment law principles and comparing
Latin American experiences where appropriate, the
book demonstrates how lessons can be learned in
respect of alternative dispute resolution, international
commercial arbitration and investor-states arbitration.
It provides suggestions and recommendations the
future and includes useful Appendices detailing
recent worldwide trends, regional and international
instruments in the arbitration world.
May 2013
Hardback
ebook PDF
ebook ePUB
240 pages
978-1-4094-6363-4
978-1-4094-6364-1
978-1-4094-6365-8
70.00
International Responses to Issues

of Credit and Over-indebtedness
in the Wake of Crisis
Edited by Therese Wilson, Griffith University, Australia
MARKETS AND THE LAW
This book explores the political, economic and

regulatory context in which credit regulation is
taking place following the global financial crisis. It
suggests that current neoliberal economic policies
favour multi-national corporations rather than
consumers and examines regulatory responses to the
internationalization of consumer finance protection.
Finally, new approaches and directions for consumer
credit regulations are outlined, such as protection
for small businesses, protection against risky credit
products, reorganization of mortgage securitization
and the possibility of a partnership model to address
financial exclusion.
Includes 4 figures and 5 tables
March 2013
Hardback
ebook PDF
ebook ePUB
256 pages
978-1-4094-5522-6
978-1-4094-5523-3
978-1-4094-7339-8
65.00
www.ashgate.com/law
10
New Titles
Legisprudence
Little Angels
Practical Reason in Legislation
An International Legal Perspective on

Child Discrimination
Luc J. Wintgens, University of Brussels, Belgium

APPLIED LEGAL PHILOSOPHY
This is a timely and important book. It consolidates the

authors pioneering work which shifts jurisprudential
inquiry from judicial reasoning to legislation. It rigorously
establishes a theory of legislative practical reasoning and
deals with jurisprudential topics in a new and refreshing
light. Its analysis of legalism and its forms is particularly
incisive. It will set the standard for the philosophical
study of legislation.
Zenon Bankowski, Edinburgh Law School, UK
Current legal theory is premised on the central role
of the judge in contemporary legal systems. This
book takes a different view on law and legislation
and, establishes legisprudence, by contrast to
jurisprudence, as a legal theory of political law
making. By shifting the attention to the position
of the legislator and legislation, this book opens
a number of new insights into the relationship
between legislative problems and legal theory.
March 2012
Hardback
ebook PDF
ebook ePUB
350 pages
978-1-4094-1981-5
978-1-4094-1982-2
978-1-4094-9794-3
70.00
11
Legitimacy, Legal Development

and Change
Law and Modernization Reconsidered
This book is a welcome and important addition to the

study of law and social change. The collection offers
critical and novel perspectives on rule of law promotion.
The contributors, relying mainly upon detailed case
studies from a range of countries in Africa, Asia and
the Americas, offer a wealth of information and analysis
on issues relevant to legal reform, with the underlying
message that law and its wider context must be
studied together.
Julio Faundez, University of Warwick, UK
This book addresses critical questions about how
legal development works in practice and is a timely
reference for practitioners of institutional reform,
providing a thought-provoking interdisciplinary
collection of essays in an area of renewed scholarly
interest. The contributors are a distinguished,
international group of scholars and practitioners
of law, development, social sciences and religion,
with extensive experience in the developing world.
474 pages
978-0-7546-7728-4
978-0-7546-9445-8
978-1-4094-9801-8
Little Angels is the authors tenth book in examining

an aspect of employment discrimination from a global
perspective, this time dealing with child discrimination.
It examines the discrimination suffered by children
in labor around the world, looking at Australia/New
Zealand, Africa/South Africa, North America, and Europe
(Ireland and the UK), and reviews various legislation
including the North American Free Trade Agreement
and the European Union Treaties. This book will be an
important source for those concerned with a global
perspective of child discrimination and its impact
on inequality.
Laurence Nolan, Howard University School of Law, USA
Following on from her previous nine books on
discrimination law, Anne-Marie Mooney Cotter now
focuses on the goal of child equality. Examining
issues of child labour and the relevant laws which are
designed to protect the most vulnerable in our society,
the book explores the primary role of legislation and
the judicial system and its impact on the fight for child
rights and the ultimate goal of the end of inequality.
November 2012
Hardback
ebook PDF
ebook ePUB
384 pages
978-1-4094-2980-7
978-1-4094-2981-4
978-1-4094-8385-4
70.00
Most Deserving of Death?
Edited by David K. Linnan, University of South

Carolina School of Law, USA
June 2012
Hardback
ebook PDF
ebook ePUB
Anne-Marie Mooney Cotter, The Social

Security Disability Law Firm, USA
80.00
An Analysis of the Supreme Courts Death

Penalty Jurisprudence
Kenneth Williams, South Texas College of Law, USA
LAW, JUSTICE AND POWER
Williams has given us a powerful call to arms aimed at

the judiciary. His book is brilliantly written, thorough,
and a powerful normative appeal to reform the death
penalty process.
Andrew E. Taslitz, Howard University School of Law, USA
This book demonstrates that it is the inconsistent
and often incoherent jurisprudence of the United
States Supreme Court which accounts for a system
so lacking in public confidence. Kenneth Williams
examines issues of jury selection, ineffective
assistance of counsel, and the role of race and claims
of innocence which affect the Courts decisions. It
provides a unique understanding of the dynamics of an
alarmingly problematic system and will be valuable to
those interested in human rights and criminal justice.
March 2012
Hardback
ebook PDF
ebook ePUB
226 pages
978-0-7546-7885-4
978-0-7546-9754-1
978-1-4094-9793-6
60.00
ASHGATE
New Titles
New Constitutionalism
in Latin America
Promises and Practices
Edited by Detlef Nolte and Almut Schilling-Vacaflor,
both at GIGA German Institute of Global and
Area Studies, Germany
This volume is the most important contribution on
Latin American constitutionalism to date. Using an
extraordinary diversity of entry points from historical
analysis to legal philosophy, from diffusion approaches
to rational choice institutionalism the authors
successfully illuminate the causes and consequences
of constitutional choice. Highly recommended for all
scholars and students of Latin American politics.
Timothy J. Power, University of Oxford, UK
Authors from a number of different disciplines
offer a general overview of constitutional reforms in
Latin America since 1990. They explore the historical,
philosophical and doctrinal differences between
traditional and new constitutionalism in Latin
America and examine sources of inspiration.
The book also covers sociopolitical settings,
which factors and actors are relevant for the reform
process, and analyzes the constitutional practices
after reform, including the question of whether the
recent constitutional reforms created new post-liberal
democracies with an enhanced human and social
rights record, or whether they primarily serve the
ambitions of new political leaders.
September 2012
Hardback
ebook PDF
ebook ePUB
436 pages
978-1-4094-3498-6
978-1-4094-3499-3
978-1-4094-8350-2
65.00
New Wars and New Soldiers

Military Ethics in the Contemporary World
Edited by Paolo Tripodi, Marine Corps University, USA

and Jessica Wolfendale, West Virginia University, USA
MILITARY AND DEFENCE ETHICS
This book brings together experts on military ethics

to contribute to this debate and to discuss the new
challenges of the twenty-first century that have arisen
that question the validity of the just war tradition in
an era of globalization and the changing nature of the
militarys role Overall this is a very good book. It
is thought provoking and challenging, which should
lead to further debate on the subject. The book is
easily accessible to the reader, as it is well written with
concise chapters. This book should be of interest to the
military, security personnel, academics, and students
studying in the fields of international relations, security
studies, politics, history, sociology, and philosophy.
I recommend this book.
Democracy and Security
Bringing together contributors from philosophy,
international relations, security studies, and strategic
studies, New Wars and New Soldiers offers a truly
interdisciplinary analysis reflective of the nature of
modern warfare. This comprehensive approach allows
the reader to see the broad scope of modern military
ethics, and to understand the numerous questions
about modern conflict that require critical scrutiny.
Aimed at both military and academic audiences, this
paperback will be of significant interest to researchers
and students in philosophy, sociology, military and
strategic studies, international relations, politics, and
security studies, acting as an ideal course text or as
supplementary reading.
July 2012
Paperback
ebook PDF
ebook ePUB
New Technologies
and Human Rights
296 pages
978-1-4094-5347-5
978-1-4094-0106-3
978-1-4094-8929-0
19.95
Challenges to Regulation
Edited by Mario Viola de Azevedo Cunha, Municipality
of Saquarema, Brazil, Norberto Nuno Gomes de
Andrade, European Commissions Joint Research
Centre, Lucas Lixinski, University of Texas School
of Law, USA, Lcio Tom Fteira and Pedro Lomba,
both at European University Institute, Italy
The contributors to this book explore the political
discourse and power relations of technological growth
and human rights issues between the Global South and
the Global North and uncover the different perspectives
of both regions. They investigate the conflict between
technology and human rights and the perpetuation of
inequality and subjection of the South to the North.
With emerging economies such as Brazil playing a
major role in trade, investment and financial law, the
book examines how human rights are affected in
Southern countries and identifies significant challenges
to reform in the areas of international law and policy.
May 2013
Hardback
ebook PDF
ebook ePUB
500 pages
978-1-4094-4216-5
978-1-4094-4217-2
978-1-4094-7370-1
70.00
www.ashgate.com/law
12
New Titles
No Place for a War Baby

The Global Politics of Children born of Wartime
Sexual Violence
Donna Seto, Australian National University, Australia
James E. Hickey, U.S. Naval War College,

Newport, USA
GENDER IN A GLOBAL/LOCAL WORLD
MILITARY AND DEFENCE ETHICS
Donna Seto investigates why children born of

wartime sexual violence are rarely included in postconflict processes of reconciliation and recovery.
In considering this, Seto examines how the theories
and practices of mainstream International Relations
(IR) can silence the experiences of war rape survivors
and children born of wartime sexual violence and
explores the theoretical frameworks within IR and the
institutional structures that uphold protection regimes
for children and women.
...this book provides extensive analysis on the

strategic, operational, and tactical order of effects on
not only national policy, but also the philosophical
underpinnings concerning the employment of precisionguided weapons versus more destructive weapons.
Lieutenant Colonel Albert F. Priselac II, USAR,
US Special Operations Command, MacDill AFB, USA

April 2013
Hardback
ebook PDF
ebook ePUB
222 pages
978-1-4094-4923-2
978-1-4094-4924-9
978-1-4094-7402-9
55.00
Peter Reddy
60.00
A Prescription for Dignity
JUSTICE, INTERNATIONAL LAW AND GLOBAL SECURITY
This is a bold and ambitious book with important insights

for all engaged in the theory and practice of international
peace operations. Drawing on the contrasting cases
of Somalia and Bougainville, the authors critique of
conventional approaches is followed by the elaboration
of a compelling alternative framework founded on the
regenerative potential of restorative justice.
Sinclair Dinnen,
The Australian National University, Australia
This sharp study makes for evocative reading as it
introduces the new concept of regeneration as key to
any restoratively arranged peace operation. Military,
police, NGO and civilian peacekeeper practitioners, as
well as academic theorists, can use this unique work
to produce better and more lasting results for conflict
ridden communities.
264 pages
978-1-4094-2989-0
978-1-4094-2990-6
978-1-4094-6145-6
266 pages
978-1-4094-2951-7
978-1-4094-2952-4
978-1-4094-8349-6
Groundwork for Post-conflict Regeneration
August 2012
Hardback
ebook PDF
ebook ePUB
This book seeks to answer the question: Do precisionguided munitions (PGMs) mitigate suffering in war,
and have these weapons changed the way decisions
regarding war and peace have been made? Answering
this question helps us understand possible shifts in
emphasis in modern warfare, both in terms of methods
employed and of the greater concern placed on
limiting human suffering during conflict.
September 2012
Hardback
ebook PDF
ebook ePUB
Peace Operations
and Restorative Justice
13
Precision-guided Munitions
and Human Suffering in War
60.00
Rethinking Criminal Justice and Mental

Disability Law
Michael L. Perlin, New York Law School, USA
This book focuses on the treatment of the mentally
disabled in the criminal justice system, examining
adequacy of counsel, the impact of international
human rights law, the growth of mental health courts,
and the influence of alternative jurisprudences.
Considering such issues as competency findings,
the insanity defence, and the death penalty, this book
serves as a blueprint for policy development, further
scholarly inquiries, and, ideally, newly invigorated
thinking and action.
May 2013
Hardback
ebook PDF
ebook ePUB
272 pages
978-0-7546-7724-6
978-0-7546-9440-3
978-1-4724-0170-0
60.00
To keep in touch
with
Ashgate you can follow us on Twitter,
find us on Facebook and read or
comment on the Ashgate blog.
twitter.com/AshgateUK
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ASHGATE
New Titles
Rights in Context
Transnational Governance
Law and Justice in Late Modern Society
Emerging Models of Global Legal Regulation
Edited by Reza Banakar, University of Westminster, UK
Edited by Michael Head, Scott Mann and

Simon Kozlina, all at the University of Western
Sydney, Australia
This collection offers a snapshot of how rights are

debated and employed in public discourse to reshape
legal and political relations at the beginning of the
twenty-first century. They explore how rights are
used to challenge the state of affairs by individuals
and groups who seek justice, and the strategies
devised to defy the rights established by those
who wish to recast the social and political order.
November 2010
Hardback
Paperback
ebook PDF
ebook ePUB
368 pages
978-1-4094-0739-3
978-1-4094-0740-9
978-1-4094-0741-6
978-1-4094-9731-8
85.00
35.00
In Sensible Judgement
Max Deutscher, Emeritus Professor, Honorary
Research Associate, Macquarie University, Australia
Opening with the landmark Mabo High Court case
in Australia and with detailed reference to other
significant debates of judgement of the twentieth
century Max Deutscher seeks to explore and explain
approaches to the concepts of what is good, right
and legal. Describing a connection between reason
and grounds intrinsic to judgement he analyses
and explores the tendency towards absolutism
that displaces proper judgement.
March 2013
Hardback
ebook PDF
ebook ePUB
245 pages
978-1-4094-5447-2
978-1-4094-5448-9
978-1-4094-7406-7
55.00
Until the publication of this text it has always been

difficult to conceptualize the meaning and scope of
Transnational Governance. By incorporating a varied
group of contributors who are all experts in their own
fields, the editors of this publication have been able
to achieve a credible explanation of an increasingly
challenging feature of international regulation
and governance.
David Barker AM, Faculty of Law,
University of Technology, Sydney, Australia
As globalization continues to spread and evolve,
so nation-states attempt to govern financialization,
tax evasion, corruption, terrorism, civil and military
conflicts and environmental dangers, social
polarization and the complexities in human rights
implementation, by institutional and transnational
means. This volume discusses these issues from
different legal perspectives and highlights the
challenges of governing human activity in an
age of remarkable interconnectedness.
May 2012
Hardback
ebook PDF
ebook ePUB
280 pages
978-1-4094-1826-9
978-1-4094-1827-6
978-1-4094-9799-8
65.00
14
Transnational Legal Processes

and Human Rights
Edited by Kyraki Topidi and Lauren Fielder,
both at The University of Lucerne, Switzerland
This book investigates how the construction and
evolution of human rights norms are transferred in
transnational legal settings and asks whether law
should reflect, express or control any given aspect of
culture. It will be of value to those working in the areas
of transnational and comparative law, as well as those
concerned with human rights and the intersection of
law and cultural difference.
February 2013
Hardback
ebook PDF
ebook ePUB
288 pages
978-1-4094-4818-1
978-1-4094-4819-8
978-1-4724-0445-9
65.00
Over 3000 Ashgate and Gower titles are

now available as ebooks. Titles in this
catalogue available as ebooks show an
ebook ISBN. We do not sell ebooks directly, however
there are several, easy to use, purchase options
available to libraries and individuals.
Visit ashgate.com/ebooks for more information.
www.ashgate.com/law
New Titles New Titles

Reference
Emergency Law
Volume II
Edited by Saskia Hufnagel, Griffith University, Australia
and Kent Roach, University of Toronto, Canada
Edited by Koen De Feyter, Faculty of Law,

University of Antwerp, Belgium
THE LIBRARY OF ESSAYS ON EMERGENCY ETHICS, LAW

AND POLICY
THE INTERNATIONAL LIBRARY OF ESSAYS ON GLOBALIZATION

AND LAW
The essays selected for this volume provide a

comprehensive overview of the philosophical, ethical,
historical, legal and practical issues in the diverse
field of emergency law. The volume reveals legislative
trends in the field, provides insight into civilian and
military emergency management on the ground
and the frequently reoccurring legal challenges and
compares different national approaches to emergency
law and emergency management.
This collection of cutting-edge articles and papers

reflects how legal obligations can be developed so
that the international community jointly achieves
common interests and agreed values. The authors
discuss the construction of shared legal responsibilities
among states and international institutions in
response to globalization, particularly in areas such as
international justice, human rights and international
environmental law.
Includes 18 previously published journal articles
December 2012
Hardback
568 pages
978-1-4094-4353-7
165.00
March 2013
Hardback
556 pages
978-0-7546-2913-9
The Library of Essays

on Emergency Ethics, Law
and Policy: 4-Volume Set
Rawls and Law
Edited by Tom Campbell, Charles Sturt

University, Australia
15
Globalization and Common

Responsibilities of States
THE LIBRARY OF ESSAYS ON EMERGENCY ETHICS, LAW

AND POLICY
Dealing with emergencies has become a major feature

of modern life. This four volume series brings together
essays and articles which represent the best of
recent research that seeks to analyse and understand
the nature of emergencies and evaluate the moral,
political and legal measures that are taken in response
to often unexpected, large scale and global crises. The
editors bring a distinctive expertise to the selection
and presentation of essays and to the specially written
introductions, which present an overview of leading
research in the field. The series is an invaluable
reference resource for libraries, an essential teaching
resource for lecturers and enables students to study
leading research articles side-by-side.
February 2013
Hardback
978-1-4094-4469-5
575.00
155.00
Edited by Thom Brooks, Newcastle University, UK

PHILOSOPHERS AND LAW
This volume is the first work of its kind to publish

in one place the most influential essays on the
leading political philosopher John Rawls (1921-2002).
The collection features articles on a wide range of
subjects and informs scholars and students coming
to the study of Rawlss work for the first time of the
importance and complexity of Rawls ideas, and sheds
light on how these ideas might be further improved
and applied.
May 2012
Hardback
594 pages
978-1-4094-3043-8
160.00
Sign up to our all subjects librarians

monthly title update
This monthly update lists all new titles published
by Ashgate, Gower and Lund Humphries across
all subject areas. Visit our website to sign up:
www.ashgate.com/librarians
ASHGATE
The Library of Essays on Equality and Anti-Discrimination Law Series
SERIES
THE LIBRARY OF ESSAYS ON EQUALITY
AND ANTI-DISCRIMINATION LAW
Series editor: Suzanne B. Goldberg, Columbia University, USA
This series offers an array of reprinted works that explore equality and anti-discrimination law with a focus on age,
disability, gender, race, religion and sexuality. Each volume begins with an expert editors introductory essay that
sketches the fields landscape and highlights each selections particular contribution in ways that aid both newcomers
to the field and experienced scholars seeking to enhance their knowledge. Through their collected wisdom the
volumes spark new insights and benefit readers by making important works available for side-by-side review. The
volumes bibliographies are also invaluable resources that reinforce the depth, breadth and fundamental importance
of legal developments in these fields. For more information on this series visit www.ashgate.com/leeadl
Age and Equality Law
Race and Equality Law
Edited by Michael Selmi, George Washington

Law School, USA
Edited by Angela P. Harris, University of

California Davis, King Hall School of Law, USA
Issues relating to an ageing workforce are now

widespread and the essays in this volume explore
the evolution of legislation against age discrimination
as well as the legal structures relating to age
discrimination in the US (where legislation is more
advanced), the European Union, Canada and Australia.
This collection of essays employs an analytic approach

developed in the United States which sheds light on
the workings of race in political-legal systems as diverse
as South Africa, New Zealand, France and Latin and
South America.

April 2013
544 pages
Hardback
978-1-4094-3723-9
165.00
This collection of essays addresses the theoretical,

practical and legal dimensions of equality for persons
with disabilities. The articles reflect a wealth of
international viewpoints and interdisciplinary areas
and include classic texts which set out foundational
ideas alongside essays that critique these conceptual
mainstays.
Gender and Equality Law

Edited by Julie Goldscheid, CUNY School of Law, USA
This volume illustrates the evolution of dominant
theoretical approaches and traces their application
to core issues, such as the meaning of gender, family
formation and roles, equality in the workplace,
reproductive rights and violence.
The essays selected for this volume address topics

at the intersection of religion and equality law, including
discrimination against religion, discrimination by
religious actors and discrimination in favor of religious
groups and traditions.
May 2013
Hardback
500 pages
978-1-4094-3682-9
165.00
Sexuality and Equality Law

Edited by Suzanne B. Goldberg, Columbia University, USA
165.00
16
Edited by Nelson Tebbe, Brooklyn Law School, USA
Edited by Elizabeth F. Emens, Columbia University

Law School, USA and Michael Ashley Stein, William
and Mary Law School and Harvard Law School, USA

April 2013
630 pages
Hardback
978-1-4094-3895-3
165.00
Religion and Equality Law
Disability and Equality Law

May 2013
576 pages
Hardback
978-1-4094-4878-5

March 2013
478 pages
Hardback
978-1-4094-3718-5
165.00
This volume includes some of the most thoughtprovoking and hard-to-find essays in the field, covers
a diverse range of topics, includes an introduction that
situates all of these works in the broader field and offers
readers an extensive bibliography.
May 2013
Hardback
560 pages
978-1-4094-3507-5
165.00
June 2013
Hardback
978-1-4094-4909-6
990.00
890.00
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The International Law of Peace and Security Series
SERIES
THE INTERNATIONAL LAW
OF PEACE AND SECURITY
Post-Conflict Rebuilding
and International Law
Series editor: Nigel D. White, University of Nottingham, UK
Edited by Ray Murphy, National University

of Ireland Galway, Ireland
This four volume series, which focuses on international

laws concerning peace and security, presents a selection
of important articles on key issues written by leading
academics and is an invaluable resource for academics
in the field of international law and political science.
www.ashgate.com/ilps
Arms Control Law
Edited by Daniel H. Joyner,

University of Alabama, USA
17
This volume features a selection of the best

scholarship on international law as it is relevant
to the proliferation of weapons of mass destruction.
The essays consider the nonproliferation legal
regime as a normative system and offer a more
discrete consideration of international law in each
weapons of mass destruction technology area.
The role, authority and track record of the UN
Security Council in this area are also evaluated.
February 2012
Hardback
632 pages
978-0-7546-2953-5
This volume presents the research analysis of

scholars and experts on post conflict peacebuilding
and international law from a variety of perspectives.
The selected essays examine the difficulties of
precisely defining both concepts of peacekeeping and
peacebuilding and consider the major challenge to
make international administrations accountable while
also ensuring the involvement of the international
community in helping rebuild communities and
preventing the resurgence of violence.
160.00
Counter-Terrorism and
International Law
Edited by Katja L.H. Samuel and Nigel D. White,
both at Nottingham University, UK
This volume considers the problem of international
terrorism from an international legal perspective. The
articles address the issue of how to reach agreement
on what constitutes terrorism as well as the range
of responses to terrorism, from criminalising and
punishing various manifestations of terrorism, to more
coercive, executive-led responses. Finally, the articles
consider the role of the Security Council in developing
legal regimes to combat terrorism.
February 2012
Hardback
478 pages
978-0-7546-2957-3
160.00
The Use of Force in

International Law
Edited by Tarcisio Gazzini, Free University, Amsterdam,
The Netherlands and Nicholas Tsagourias, University
of Glasgow, UK
This volume of essays examines the development of
political and legal thinking regarding the use of force
in international relations. It provides an analysis of
the rules on the use of force in the political, normative
and factual contexts within which they apply and
assesses their content and relevance in the light of
new challenges such as terrorism, weapons of mass
destruction and cyber-attacks. This collection of
previously published classic research articles is of
interest to scholars and students of international law
and international relations as well as practitioners
in international law.
February 2012
Hardback
648 pages
978-0-7546-2948-1
160.00

February 2012
Hardback
592 pages
978-0-7546-2947-4
160.00

You can save a further 10% by ordering online: www.ashgate.com
March 2012
Hardback
978-0-7546-2959-7
640.00
575.00
ASHGATE
Complex Dispute Resolution Series
SERIES
COMPLEX DISPUTE RESOLUTION
Series editor: Carrie Menkel-Meadow, Georgetown University and University of California, USA
This series collects essays on the development of foundational dispute resolution theory and practice and their
application to increasingly more complex settings of conflicts in the world, including multi-party and multi-issue
decision making, and negotiations in political policy formation and governance, and international conflict resolution.
Each volume contains an introduction by the editor which explores the key issues in the field. All three volumes
feature essays which span an interdisciplinary range of fields law, political science, game theory, decision science,
economics, social and cognitive psychology, sociology and anthropology and consider issues in the uses of informal
and private as well as more formal and public processes. The articles also question whether the development of
universal theoretical insights about conflict resolution is possible with variable numbers of parties and issues and in
multi-cultural settings. Taken together the three volumes in this series present classic research articles on all aspects
of complex dispute resolution and constitute an invaluable reference resource for libraries and academics in political
decision making, human rights, international relations and business and commercial law.
For more information on this series visit www.ashgate.com/complexdisputeresolution
Foundations of
Dispute Resolution
International Dispute Resolution

Volume III
Volume I
Edited by Carrie Menkel-Meadow, Georgetown

University and University of California, USA.

University and University of California, USA
This volume brings together leading research articles
in to the theory, research findings and applications
of modern dispute resolution. The articles cover the
primary processes of negotiation, mediation and
arbitration, as well as exploring combinations and
hybridization of those processes. The volume spans
both the science and art of dispute resolution,
considers the relationship of peace to justice and
includes both empirical (descriptive) and normative
(prescriptive) assessments of how these processes of
dispute resolution function.
712 pages
978-0-7546-2796-8

April 2012
Hardback
674 pages
978-0-7546-2804-0
180.00

April 2012
Hardback
The articles selected for this volume consider the

application of dispute resolution theory and practice
to international conflicts. The use of formal processes
such as diplomacy or treaty formation, as well as more
informal processes such as multiple-track private
negotiations or peace workshops is covered alongside
material on more innovative forms of complex
transnational or sub-national conflict resolution.
180.00
Multi-Party Dispute Resolution,

Democracy and Decision-Making
Volume II
May 2012
Hardback
978-0-7546-2807-1
540.00

www.ashgate.com

University and University of California, USA
485.00
The articles selected for this volume consider how the

process of dispute resolution is altered, challenged and
made more complex by the presence of multiple parties
and/or multiple issues. The selected essays represent
the latest theoretical advances and challenges in
the field and demonstrate attempts to use dispute
resolution theory in a wide variety of settings.
April 2012
Hardback
602 pages
978-0-7546-2799-9
180.00
18
The International Library of Essays on Rights Series
SERIES
THE INTERNATIONAL LIBRARY OF ESSAYS ON RIGHTS
Series editor: Tom D. Campbell, Centre for Applied Philosophy and Public Ethics, Charles Sturt University, Australia
Much of contemporary moral, political and legal discourse is conducted in terms of rights and increasingly in
terms of human rights. Yet there is considerable disagreement about the nature of rights, their foundations and
their practical implications.
This series brings together essays that exhibit careful analysis of the concept of rights and detailed knowledge of
specific rights and the variety of systems of rights articulation, interpretation and enforcement. Each volume deals
with specific issues about rights, taking account of international human rights, regional rights conventions and
regimes, and domestic bills of rights, as well as the legal, moral and political literature concerning individual rights.
Each volume editor is chosen for his eminence in the study of law, politics or philosophy and each volume
represents the editors selection of the most seminal recent essays on rights in a particular field. An introduction
presents an overview of the issues in that particular area of rights together with comments on the background and
significance of the selected essays. Essays are reproduced in full with the original pagination for ease of reference.
For more information on this series visit www.ashgate.com/iler
19
Environmental Rights
Rights: Concepts and Contexts
Edited by Steve Vanderheiden, University of Colorado

at Boulder, USA
Edited by Brian H Bix, University of Minnesota,

USA and Horacio Spector, Universidad Torcuato
Di Tella, Argentina
The essays selected for this volume present critical

viewpoints from the debate about the need to
establish rights on behalf of greater environmental
protection. The volume surveys a range of theories
and approaches and captures the potential for and
primary challenges to the development of rights as
instruments for safeguarding the planets life-support
capacities and as an avenue of recourse against
ecological degradation, whether on behalf of human
or nonhuman right holders.
August 2012
Hardback
574 pages
978-1-4094-2296-9
This volume brings together the central works of

recent scholarship on the nature of rights, with
contributions by some of the most prominent
contemporary theorists in moral, legal, and political
philosophy. With approaches ranging from the political
to the historical, and from the analytical to the critical,
this collection touches on the major conceptual and
practical questions of this important field and also
offers useful introductions to emerging issues in
rights theory.
155.00
October 2012
Hardback
604 pages
978-1-4094-4048-2
170.00
ASHGATE
The Library of Essays on Chinese Law Series
SERIES
THE LIBRARY OF ESSAYS ON CHINESE LAW
Series editor: Perry Keller, Kings College London, UK
This major three volume series on Chinese law brings together leading current research on the structure and
operation of law in China and the nature of the Chinese legal system. Chinas legal system has developed at
great speed since the Communist Party embarked on its path of economic reform in 1979. Whilst this legal
system reflects contemporary Chinas vibrant, market based economy and fast changing society it also undoubtedly
reflects the Partys ubiquitous networks and influence and the continued domination of the economy by state owned
enterprises. In the face of this overwhelming Party and state power, domestic and foreign reformers have advocated
a deepening of the rule of law, constitutionalism and good governance. Yet, law in China is nonetheless finding its
own trajectory, which is plainly not towards any simple emulation of western liberal democracy.
This collection of previously published articles provides a broad survey of the key issues and developments in the field
of Chinese law and is an invaluable resource for academics, researchers and libraries in this rapidly expanding field.
For more information on this series visit www.ashgate.com/lecl
The Citizen and the Chinese State

Edited by Perry Keller, Kings College London, UK
This volume addresses several core questions
regarding the nature of law in China and its future
development. Articles shed light on whether the rule
of law is commensurable with government based on
the Chinese Communist Party and whether Chinas
legal system, if eschewing formalised human rights,
is developing a capacity to protect fundamental
human dignity.
January 2012
Hardback
548 pages
978-0-7546-2863-7
150.00
Obligations and Property

Rights in China
This volume concerns the rights and obligations
of the individual regarding employment relations,
family relations and the ownership of immovable
property. Articles illustrate the shift away from close
state control towards greater freedom, as shown
by beneficial new legislation such as Employment
Contract Law and Property Rights Law, alongside
the Communist Partys continued reluctance to allow
empowerment of the individual to threaten its political
and economic goals.
Law and the Market Economy

in China
This volume addresses several aspects of Chinas
changing market based economy including commercial
contract enforcement, corporate structures, competition
law and other issues related to Chinas membership
in the WTO. Articles draw attention to the Chinese
governments demands for better governance
within major companies, market sectors and public
administration as well as its continued protection of
state owned enterprises and caution in creating legal
controls over unfair competition.
January 2012
Hardback
542 pages
978-0-7546-2862-0
150.00
January 2012
Hardback
978-0-7546-2864-4
450.00
405.00

www.ashgate.com

August 2011
Hardback
540 pages
978-0-7546-2861-3
150.00
20
The Library of Essays in International Humanitarian Law Series
SERIES
THE LIBRARY OF ESSAYS IN INTERNATIONAL
HUMANITARIAN LAW
Series editors: Michael N. Schmitt, US Naval War College, USA and Wolff Heintschel von Heinegg,
European University Viadrina Frankfurt, Germany
This series is the product of a three-year project to bring together the most significant works in the field of
humanitarian law published in the last century. In the process of selection, the editors have consulted scores of
humanitarian law experts worldwide and conducted exhaustive literature surveys. The resulting library consists
of six volumes arranged topically: development and principles; scope and application; conduct of hostilities;
detention and occupation; and implementation and enforcement. The selected essays have either become classics
of humanitarian law over time or are proving especially influential as this body of law develops in the 21st Century.
A special effort has been made to identify and include works that have been forgotten over time, but which merit
rediscovery in the light of contemporary trends in warfare and other military operations.
Taken together the collection demonstrates three points. Firstly, the work of prior generations of humanitarian
lawyers has relevance for contemporary debates as many topics which todays humanitarian lawyers are struggling
with have been addressed by previous generations. Second, although sometimes criticized as vague and imprecise,
humanitarian law can be subjected to rigorous analysis that clarifies its intent and scope. Finally, humanitarian law
is the product of a carefully crafted, and very fragile, balance between two competing concerns military necessity
and humanitarian considerations and if this balance is thrown askew the law necessarily suffers and may
eventually become inoperable.
21
This six volume Library of Essays in International Humanitarian Law reprints the most significant works in the
field published in the last century and enables scholars to better understand the evolution of humanitarian law,
and practitioners to apply the law on the battlefield or in national and international tribunals.
All six volumes are edited by Michael N. Schmitt, United States Naval War College and Wolff Heintschel von
Heinegg, European University Viadrina Frankfurt, Germany.
For more information on this series visit www.ashgate.com/leihl
The Conduct of Hostilities in

International Humanitarian Law,
The Conduct of Hostilities in

International Humanitarian Law,
Volume I
Volume II
This volume features essays on the legal regime

governing the use of force during armed conflicts,
otherwise known as Hague Law or conduct of
hostilities rules. The articles reflect research into the
theoretical and practical difficulties of maintaining
humanitarian laws delicate balancing of military
necessity and humanitarian considerations in the
face of evolving means and methods of warfare and
competing perspectives as to how the balance is best
achieved. Particular attention is paid to the principle
of distinction. Also included are essays on the law
governing warfare at sea and in the air.
The essays selected for this volume examine discrete

topics of international humanitarian law that are
particularly relevant to 21st century warfare and set
forth competing contemporary perspectives as well as
historical perspectives. Topics include: the adequacy of
traditional weapons law in the light of modern weaponry;
the protection of civilians and especially vulnerable
groups during armed conflict; the protective regime for
civilian objects; the law governing booty; protection of
the environment; and use of perfidious tactics.
August 2012
Hardback
August 2012
Hardback
562 pages
978-0-7546-2935-1
160.00
600 pages
978-0-7546-2936-8
160.00
ASHGATE
NewSeries
Titles
The Library of Essays in International Humanitarian Law
Detention and Occupation in

International Humanitarian Law
Detention and occupation are two challenging aspects
of international humanitarian law in 21st century
warfare. The essays selected for this volume examine
both the historical foundations of these issues and
contemporary practices surrounding them. The
suitability of traditional detention and occupation law
in the face of todays circumstances is discussed as
well as claims that aspects of humanitarian law are
outmoded and must be reassessed. Also considered
is the extent to which other bodies of law, especially
human rights, are influencing the application of
international humanitarian law.
August 2012
Hardback
574 pages
978-0-7546-2937-5

August 2012
Hardback
530 pages
978-0-7546-2938-2
160.00
160.00
The Scope and Applicability of

International Humanitarian Law
The Development and

Principles of International
Humanitarian Law
This volume of selected reprinted essays considers
two aspects of international humanitarian law. The
first is the development of this law, and articles offer
an in-depth look at its early roots, the continuing
relevance of that body of law despite advances in
weapons technology and the efforts to progressively
develop it. The second is the fundamental principles
which underlie international humanitarian law:
humanity and military necessity.
586 pages
978-0-7546-2934-4
The essays selected for this volume explore the entire

range of issues related to the question of how to
implement and enforce international humanitarian
law. Topics covered include the use of criminal
proceedings against those who have seriously (or
gravely) committed war crimes; the concept of grave
breaches; the universality principle and the practice
of lawfare.
August 2012
Hardback
The Implementation and

Enforcement of International
Humanitarian Law
The essays selected for this volume provide a

comprehensive analytical survey of the scope and
applicability of international humanitarian law.
Many of the articles address highly contentious
issues relating to the decision whether to apply
international humanitarian law in lieu of, or in addition
to, other bodies of law, such as the jus ad bellum and
international human rights law. Others consider the
applicability of international humanitarian law in the
light of contemporary conflicts, such as whether and
to what extent international humanitarian law provides
rules governing counter-terrorism operations.
August 2012
Hardback
160.00
534 pages
978-0-7546-2933-7
160.00
September 2012
Hardback
978-0-7546-2939-9
960.00
865.00
Buy the 6-volume set and save

money! You can save a further 10% by ordering
online: www.ashgate.com
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