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1

Previdi, Robert. Civilian control versus military rule. New York: Hippocrene Books, 1988.

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2

Previdi, Robert. Civilian control versus military rule. New York: Hippocrene Books, 1988.

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3

Choudhury, G. W. Pakistan: Transition form military to civilian rule. Buckhurst Hill: Scorpion, 1988.

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4

Military rule and transition in Ecuador, 1972-92. Pittsburgh, Pa: University of Pittsburgh Press, 1993.

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5

Military rule and transition in Ecuador, 1972-92. Basingstoke: Macmillan in association with St. Antony's College, Oxford, 1993.

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6

Isaacs, Anita. Military Rule and Transition in Ecuador, 1972–92. London: Palgrave Macmillan UK, 1993. http://dx.doi.org/10.1007/978-1-349-08922-2.

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7

The stable minority: Civilian rule in Africa, 1960-1990. Gainesville: FAP Books, 1998.

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8

Martz, John D. The military in Ecuador: Policies and politics of authoritarian rule. Albuquerque: University of New Mexico, 1988.

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9

Martz, John D. The military in Ecuador: Policies and politics of authoritarian rule. Albuquerque, N.M: Latin American Institute, University of New Mexico, 1988.

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10

Perito, Robert. Building civilian capacity for U.S. stability operations: The rule of law component. Washington, DC: United States Institute of Peace, 2004.

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11

Gambia. Armed Forces Provisional Ruling Council. Programme of socio-economic development, constitutional review and electoral reforms leading to democratic civilian rule. Banjul: The Council, 1995.

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12

Touray, Yankuba. Implementation of the AFPRC's transition and rectification programme for a return to democratic civilian rule in July 1996. Gambia: Armed Forces Provisional Ruling Council, 1995.

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13

Gutiérrez, Natividad. Estados y autonomías en democracias contemporáneas: Bolivia, Ecuador, España, México. México, D.F: UNAM, Instituto de Investigaciones Sociales, 2008.

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14

Gutiérrez, Natividad. Estados y autonomías en democracias contemporáneas: Bolivia, Ecuador, España, México. México, D.F: UNAM, Instituto de Investigaciones Sociales, 2008.

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15

P, Danopoulos Constantine, ed. From military to civilian rule. London: Routledge, 1992.

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16

Danopoulos, Constantine P., ed. Civilian Rule in the Developing World. Routledge, 2019. http://dx.doi.org/10.4324/9780429046261.

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17

Pakistan: Transition from Military to Civilian Rule. Univ of British Columbia Pr, 1989.

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18

Babiker, Mahmoud Fatma, and Institute for African Alternatives, eds. Calamity in the Sudan: Civilian versus military rule. London: Institute for African Alternatives (IFAA), 1988.

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19

Isaacs, Anita. Military Rule and Transition in Ecuador, 1972 - 92. Palgrave Macmillan, 1993.

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20

Danopoulos, Constantine P. Civilian Rule in the Developing World: Democracy on the March? Westview Pr (Short Disc), 1992.

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21

P, Danopoulos Constantine, ed. Civilian rule in the developing world: Democracy on the march? Boulder: Westview Press, 1992.

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22

The Collapse of British Rule in Burma: The Civilian Evacuation and Independence. Bloomsbury Academic, 2018.

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23

Decalo, Samuel. THE STABLE MINORITY: CIVILIAN RULE IN AFRICA (African Studies Series (Gainesville, Fla.), No. 1.). Florida Academic Press, 1997.

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24

Fidell, Eugene R. 2. The arc of civilianization. Oxford University Press, 2016. http://dx.doi.org/10.1093/actrade/9780199303496.003.0003.

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Since World War II, there has been an accelerating trend toward the assimilation of military and civilian legal systems, with military justice increasingly approximating civilian criminal justice. The trend has been resisted in some quarters, but now has enough momentum that it will continue—but how far? ‘The arc of civilianization’ outlines the similarities and disparities between military and civilian legal systems in different countries; explains the Uniform Code of Military Justice and the Manual for Courts-Martial; and shows how civilianization has occurred on multiple levels. The rule-making process itself usually involves civilian officials and in some countries the senior judge in a court-martial may not be a uniformed officer.
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25

Moser, Carolyn. Accountability in EU Security and Defence. Oxford University Press, 2020. http://dx.doi.org/10.1093/oso/9780198844815.001.0001.

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This book offers the first comprehensive legal analysis and empirical study of accountability concerning the EU’s peacebuilding endeavours—also referred to as civilian crisis management. Since 2003, the EU has launched more than twenty civilian missions under the CSDP in conflict-torn regions in Eastern Europe, the Western Balkan, sub-Saharan Africa, the Middle East, and South East Asia with the aim of restoring stability and security. Mission mandates cover a broad range of multidimensional tasks, such as border monitoring, rule of law support, police training, law enforcement capacity building, and security sector reform. In light of these numbers and tasks and given (recent) alarming insights from practice, it begs the question who is accountable (to whom) for the EU’s manifold extraterritorial peacebuilding activities. With a view to answering this question, this book combines tools of legal scholarship with insights from political science research, both in analytical and conceptual terms. The thorough analysis of the law and practice of political, legal, and administrative accountability in civilian CSDP leads to the following conclusion: when scrutinizing the institutional and procedural framework set out by law, the accountability assessment is sobering, but when approaching it from a practice angle, the verdict is promising—in particular as regards accountability at the EU level.
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26

Mohammad Hashim, Kamali. Part 1 Constitutionalism and Islam: Conceptual Issues, 1.1 Constitutionalism in Islamic Countries: A Contemporary Perspective of Islamic Law. Oxford University Press, 2012. http://dx.doi.org/10.1093/acprof:osobl/9780199759880.003.0002.

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This chapter begins with a brief characterization of Islamic constitutional law and its underdeveloped status as compared with other branches of Islamic law. It then highlights salient differences between the Islamic and Western approaches to constitutional law and briefly discusses Islam and secularism. The next section provides a general characterization of the Islamic system of rule under four sub-headings. The first of these defines government in Islam as a trust (amānah); the second describes it as a limited and thus non-totalitarian government; the third addresses the Islamic system of rule as a qualified democracy; and the last characterizes it as a civilian not a theocratic system of government. The final section summarizes the main results of the preceding analysis and offers some tentative conclusions on the relationship between Islamic government and democratic constitutionalism.
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27

Varol, Ozan O. Golden Parachutes. Oxford University Press, 2017. http://dx.doi.org/10.1093/oso/9780190626013.003.0017.

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After the military topples a dictator in a democratic coup, the coup makers supervise a transition process to democracy during which they remain in charge for a temporary period. After they transfer power to civilians, the coup makers’ bargaining powers are greatly reduced and their future is subject to the whims of fickle civilian politicians. Coup makers may therefore use the window of opportunity their temporary rule presents to protect their interests in the future democratic state. Militaries attempt to protect their interests using three primary methods: direct, institutional, and procedural. This chapter discusses these methods and analyzes their consequences.
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28

Ricketts, Mónica. Pens, Politics, and Swords. Oxford University Press, 2017. http://dx.doi.org/10.1093/oso/9780190494889.003.0008.

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The final chapter discusses in parallel the political histories of Spain and Peru in the final years of imperial rule in South America. Peru did not experience a long national struggle and lacked large elites committed to independence. As in the old metropolis, a constant and violent struggle between men of letters and military officers dominated. After decades of military reform and war, army officers with experience in command and government felt entitled to rule. Old subjects and new citizens were also accustomed to seeing them lead. Men of letters, on the other hand, found limited opportunities to exercise their new authority despite their ambitions. Additionally, both in Spain and Peru, liberal men of letters failed to create a new institutional order in which the military would be subjected to civilian rule. It would take decades for both parts of the former Spanish monarchy to accomplish that goal and allow for peace.
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29

Varol, Ozan O. Synergy. Oxford University Press, 2017. http://dx.doi.org/10.1093/oso/9780190626013.003.0024.

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Balanced civil-military relations emerge from synergy. In this case synergy refers to civilians setting aside their ideological differences, working together to build credible democratic institutions, and constructing a viable alternative to military rule. If the civilians themselves are divided on the future democratic trajectory of the nation or the military’s exit from politics, the military may more easily exploit these divisions. Instead of trying for a quick power grab, civilians in an emerging democracy must shun any antidemocratic alternatives, including military interventions, to political rule. The more effective the civilian politicians are in constructing a stable, robust democracy, the less likely power vacuums and military interventions will occur. If political parties have a real chance to compete and win in the electoral marketplace, they are more likely to play the democratic game rather than violate its rules and resort to tanks and guns to oust their opponents.
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30

Jumet, Kira D. Protest Dynamics under the Supreme Council of the Armed Forces Transitional Government. Oxford University Press, 2017. http://dx.doi.org/10.1093/oso/9780190688455.003.0005.

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This chapter explains how changes in political opportunity structures following the 2011 revolutionary protests affected subsequent anti-regime mobilization and the dynamics between the military transitional regime and those who contested it. Through an examination of protest cycles in Egypt 2011–2012, the chapter explores how government violence, repression, and concessions affected individuals’ emotions and their decisions to protest or not protest. The chapter demonstrates that changes in political opportunities created during the 18-day uprising altered repertoires of contention and reconfigured the power relationship between the regime and its opponents. The chapter also claims that particular elements of protest dynamics under the Supreme Council of the Armed Forces (SCAF) led to a relatively quick transition to civilian rule.
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31

Richemond-Barak, Daphné. Underground Warfare in Urban Areas. Oxford University Press, 2018. http://dx.doi.org/10.1093/oso/9780190457242.003.0007.

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This chapter focuses on the application of the law of armed conflict to “urban” tunnels, that is, tunnels dug near, by, or against civilians. It examines the legal ramifications of urban tunnels for anti-tunnel operations and the protection of civilians in war. It suggests some answers, with a view to reconciling the rule of law with operational constraints. It also analyzes the status of civilians who help dig tunnels or find themselves inside a tunnel at the time of a strike. Finally, it considers the situation in which preexisting underground civilian infrastructure, such as subways or sewage systems, are used to launch attacks or carry out other types of hostile activity.
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32

Manz, Stefan, and Panikos Panayi. Enemies in the Empire. Oxford University Press, 2020. http://dx.doi.org/10.1093/oso/9780198850151.001.0001.

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During the First World War, Britain was the epicentre of global mass internment and deportation operations. Germans, Austro-Hungarians, Turks, and Bulgarians who had settled in Britain and its overseas territories were deemed to be a potential danger to the realm through their ties with the Central Powers and classified as ‘enemy aliens’. A complex set of wartime legislation imposed limitations on their freedom of movement, expression, and property possession. Approximately 50,000 men and some women experienced the most drastic step of enemy alien control, namely internment behind barbed wire, in many cases for the whole duration of the war and thousands of miles away from the place of arrest. This volume is the first to analyse British internment operations against civilian ‘enemies in the Empire’ during the First World War from an imperial perspective. The narrative takes a three-pronged approach. In addition to the global, it demonstrates how internment operated on a (proto-)national scale within the three selected case studies of the metropole (Britain), a white dominion (South Africa), and a colony under direct rule (India). It then moves to the local level by concentrating on the three camps Knockaloe (Britain), Fort Napier (South Africa), and Ahmednagar (India), allowing for detailed analyses of personal experiences. Although conditions were generally humane, suffering occurred. The study argues that the British Empire played a key role in developing civilian internment as a central element of warfare and national security on a global scale.
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33

Michael, Furmston, Tolhurst G J, and Mik Eliza. 13 Is There a Duty to Negotiate in Good Faith? Oxford University Press, 2016. http://dx.doi.org/10.1093/law/9780198724032.003.0013.

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This chapter assesses the duty of good faith in negotiation. In general, even civilian systems which have long adopted notions of good faith performance have been much slower to accept notions of good faith negotiation. So all over the world the question of whether the parties should be under a duty to negotiate in good faith is very much at the forefront of the debate. The traditional view is that there is no general duty of good faith in negotiation. However, the doctrinal principles applied in England and Australia frequently serve to promote good faith. Those who wish to argue for a general rule of good faith, contractual or tortious, can find support in certain case law. But the mere fact of entering into negotiations does not create such a duty.
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34

Charles M, Fombad. Part I Overview, 2 An Overview of Separation of Powers under Modern African Constitutions. Oxford University Press, 2016. http://dx.doi.org/10.1093/law/9780198759799.003.0003.

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This chapter provides an overview of the doctrine of the separation of powers under modern African constitutions. It begins by discussing the origins and nature of the doctrine, then explains the main models of separation of powers that have influenced developments in Africa. Next it looks at the approaches in Anglophone Africa and in the civilian jurisdictions in Africa, followed by a discussion of emerging new patterns of hybrid institutions which have the potential to enhance accountability. It is argued that the doctrine of separation of powers is an important instrument for limiting governmental arbitrariness. It is critical to dealing with broader issues such as the inclusion and protection of minorities, equitable resource allocation, and corruption. An effective system of separation of powers that limits the opportunity for abuse of powers provides a solid platform to deal with other challenges to constitutionalism, rule of law, and good governance in Africa.
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35

Borch, Fred L. Military Trials of War Criminals in the Netherlands East Indies 1946-1949. Oxford University Press, 2017. http://dx.doi.org/10.1093/oso/9780198777168.001.0001.

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From 1946 to 1949, the Dutch prosecuted more than 1,000 Japanese soldiers and civilians for war crimes committed during the occupation of the Netherlands East Indies during World War II. They also prosecuted a small number of Dutch citizens for collaborating with their Japanese occupiers. The war crimes committed by the Japanese against military personnel and civilians in the East Indies included mass murder, murder, torture, mistreatment of prisoners of war and civilian internees, and forced prostitution. Beginning in 1946, the Dutch convened military tribunals in various locations in the East Indies to hear the evidence of these war crimes and imposed sentences ranging from months and years to death; some 25 percent of those convicted were executed for their crimes. The difficulty arising out of gathering evidence and conducting the trials was exacerbated by the ongoing guerrilla war between Dutch authorities and Indonesian revolutionaries and, in fact, the trials ended abruptly in 1949 when 300 years of Dutch colonial rule ended and Indonesia gained its independence.
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36

Chaisty, Paul, Nic Cheeseman, and Timothy J. Power. The Exchange of Favours and Coalition Management. Oxford University Press, 2018. http://dx.doi.org/10.1093/oso/9780198817208.003.0009.

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This chapter examines the role of informal tools in coalition management. Informal tools are understood as the ‘exchange of favours’: access to electoral resources, favourable state treatment of allies’ business interests, the conferral of lucrative or influential positions outside of the legislature and the cabinet, and, in some cases, illicit forms of exchange. It discusses the costs associated with these tools (financial, political, personal, public), and the factors that exacerbate or mitigate these costs: system-level factors (rule of law and personal-vote electoral systems), coalition-level factors (coalition size and congruence with the cabinet coalition), and conjunctural factors (proximity to the next election). The ways in which presidents deploy this tool are illustrated with detailed examples from Ecuador, Armenia, and Kenya. Finally, data from surveys of MPs are analysed to illustrate the relative costs of deploying the exchange of favours under different country conditions.
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37

Broomall, James J. Private Confederacies. University of North Carolina Press, 2019. http://dx.doi.org/10.5149/northcarolina/9781469651989.001.0001.

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How did the Civil War, emancipation, and Reconstruction shape the masculinity of white Confederate veterans? As James J. Broomall shows, the crisis of the war forced a reconfiguration of the emotional worlds of the men who took up arms for the South. Raised in an antebellum culture that demanded restraint and shaped white men to embrace self-reliant masculinity, Confederate soldiers lived and fought within military units where they experienced the traumatic strain of combat and its privations together--all the while being separated from suffering families. Military service provoked changes that escalated with the end of slavery and the Confederacy's military defeat. Returning to civilian life, Southern veterans questioned themselves as never before, sometimes suffering from terrible self-doubt. Drawing on personal letters and diaries, Broomall argues that the crisis of defeat ultimately necessitated new forms of expression between veterans and among men and women. On the one hand, war led men to express levels of emotionality and vulnerability previously assumed the domain of women. On the other hand, these men also embraced a virulent, martial masculinity that they wielded during Reconstruction and beyond to suppress freed peoples and restore white rule through paramilitary organizations and the Ku Klux Klan.
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38

Egreteau, Renaud. Caretaking Democratization. Oxford University Press, 2017. http://dx.doi.org/10.1093/acprof:oso/9780190620967.001.0001.

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This book examines the political landscape that followed the 2010 elections in Myanmar and the subsequent transition from direct military rule to a semi-civilian, ‘hybrid’ regime. Striking political, social, and economic transformations have indeed taken place in the long-isolated country since the military junta disbanded in March 2011. To better construe – and question – what has routinely been labelled a ‘Burmese Spring’, the book examines the reasons behind the ongoing political transition, as well as the role of the Burmese armed forces in the process. The book draws on in-depth interviews with Burmese political actors, party leaders, parliamentarians, active and retired army officers. It also takes its cue from comparative scholarship on civil-military relations and post-authoritarian politics, looking at the ‘praetorian’ logic to explain the transitional moment. Myanmar’s road to democratic change is, however, paved with obstacles. As the book suggests, the continuing military intervention in domestic politics, the resilience of bureaucratic, economic and political clientelism at all levels of society, the towering presence of Aung San Suu Kyi, the shadowy influence of regional and global powers, and the enduring concerns about interethnic and interreligious relations, all are strong reminders of the series of elemental conundrums which Myanmar will have to deal with in order to achieve democratization, sustainable development and peace.
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39

Charbonneau, Oliver. Civilizational Imperatives. Cornell University Press, 2020. http://dx.doi.org/10.7591/cornell/9781501750724.001.0001.

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This book reveals the little-known history of the United States' colonization of the Philippines' Muslim South in the early twentieth century. Often referred to as Moroland, the Sulu Archipelago and the island of Mindanao were sites of intense US engagement and laboratories of colonial modernity during an age of global imperialism. Exploring the complex relationship between colonizer and colonized from the late nineteenth century until the eve of the Second World War, the book argues that American power in the Islamic Philippines rested upon a transformative vision of colonial rule. Civilization, protection, and instruction became watchwords for U.S. military officers and civilian administrators, who enacted fantasies of racial reform among the diverse societies of the region. Violence saturated their efforts to remake indigenous politics and culture, embedding itself into governance strategies used across four decades. Although it took place on the edges of the Philippine colonial state, this fraught civilizing mission did not occur in isolation. It shared structural and ideological connections to U.S. settler conquest in North America and also borrowed liberally from European and Islamic empires. These circuits of cultural, political, and institutional exchange — accessed by colonial and anticolonial actors alike — gave empire in the Southern Philippines its hybrid character. This book is a story of colonization and connection, reaching across nations and empires in its examination of a Southeast Asian space under US sovereignty. It presents an innovative new portrait of the American empire's global dimensions and the many ways they shaped the colonial encounter in the Southern Philippines.
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40

Alter, Karen J., and Laurence R. Helfer. Transplanting International Courts. Oxford University Press, 2017. http://dx.doi.org/10.1093/acprof:oso/9780199680788.001.0001.

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The Andean Pact was founded in 1969 to build a common market in South America. Andean leaders copied the institutional and treaty design of the European Community, and in the 1970s, member states decided to add a tribunal, again turning to the European Community as its model. Since its first ruling in 1987, the Andean Tribunal of Justice (ATJ) has exercised authority over the countries which are members of the Andean Community: Bolivia, Colombia, Ecuador, and Peru (formerly also Venezuela). It is now the third most active international court in the world, used by governments and private actors to protect their rights and interests in the region. This book investigates how a region with weak legal institutions developed an effective international rule of law, why the ATJ was able to induce widespread respect for Andean intellectual property rules but not other areas governed by regional integration rules, and what the ATJ's experience means for comparable international courts. It also assesses the Andean experience in order to reconsider the European Community system, exploring why the law and politics of integration in Europe and the Andes followed different trajectories. Finally, it provides a detailed analysis of the key factors associated with effective supranational adjudication. This book collects together previously published material by two leading interdisciplinary scholars of international law and politics, and is enhanced by three original chapters further reflecting on the Andean legal order.
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41

Pappas, Takis S. Populism and Liberal Democracy. Oxford University Press, 2019. http://dx.doi.org/10.1093/oso/9780198837886.001.0001.

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Based on an original definition of modern populism as “democratic illiberalism” and many years of meticulous research, Takis Pappas marshals extraordinary empirical evidence from Argentina, Greece, Peru, Italy, Venezuela, Ecuador, Hungary, the United States, Spain, and Brazil to develop a comprehensive theory about populism. He addresses all key issues in the debate about populism and answers significant questions of great relevance for today’s liberal democracy, including: • What is modern populism and how can it be differentiated from comparable phenomena like nativism and autocracy? • Where in Latin America has populism become most successful? Where in Europe did it emerge first? Why did its rise to power in the United States come so late? • Is Trump a populist and, if so, could he be compared best with Venezuela’s Chávez, France’s Le Pens, or Turkey’s Erdoğan? • Why has populism thrived in post-authoritarian Greece but not in Spain? And why in Argentina and not in Brazil? • Can populism ever succeed without a charismatic leader? If not, what does leadership tell us about how to challenge populism? • Who are “the people” who vote for populist parties, how are these “made” into a group, and what is in their minds? • Is there a “populist blueprint” that all populists use when in power? And what are the long-term consequences of populist rule? • What does the expansion, and possibly solidification, of populism mean for the very nature and future of contemporary democracy? Populism and Liberal Democracy will change the ways the reader understands populism and imagines the prospects of liberal democracy.
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42

Calnan, Richard. Proprietary Rights and Insolvency. Oxford University Press, 2016. http://dx.doi.org/10.1093/oso/9780198759386.001.0001.

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This book explains how a creditor of an insolvent debtor can take priority over other creditors by claiming a proprietary interest in assets held by the debtor, and concentrates on the circumstances in which proprietary interests are created by operation of law or are implied from the arrangements between the parties. This is a subject of particular importance and difficulty in common law systems because of the changeable nature of equitable proprietary interests, and this book provides a clear and structured explanation of the current state of the law, with detailed reference to case law from England and Wales as well as Commonwealth jurisprudence, and suggests how it might be clarified and simplified by returning to first principles. The new edition considers a number of important developments which pertain to proprietary rights and insolvency. It evaluates the key decision of the Supreme Court in FHR European Ventures v Cedar Capital Partners. Although this has settled the question of whether constructive trusts extend to bribes, it has raised more general issues regarding the approach of the courts to the imposition of proprietary remedies, which the book explores. It also covers recent Privy Council and Court of Appeal decisions concerning constructive notice (Credit Agricole v Papadimitrou, Central Bank of Ecuador v Conticorp, and SFO v Lexi), as well as interesting issues concerning the new status of intangibles (Armstrong v Winnington) and the status of the anti-deprivation rule (Belmont Park v BNY). Proprietary Rights and Insolvency is a lucid and practical reference source on insolvency and property law.
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43

Steer, Cassandra, and Matthew Hersch, eds. War and Peace in Outer Space. Oxford University Press, 2020. http://dx.doi.org/10.1093/oso/9780197548684.001.0001.

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Historically, strategic restraint was the dominant approach among nations active in outer space, all of whom understood that continued access to and use of space required holding back on threats or activities which might jeopardize the status quo of peace in space. However, recently there has been a discernible shift in international rhetoric toward a more offensive approach to defense in space. The US move toward establishing a “Space Force” has been echoed by similar announcements in France and Japan. India launched an antisatellite weapon test and announced proudly that it thereby joined the elite group of China, Russia, and the United States, who have all demonstrated this capability in the past. As technologies in space advance, along with our terrestrial dependence on space-based systems for our peaceful civilian lives and for support of terrestrial warfare, the political stability of this vulnerable environment comes under threat. These factors, combined with a lack of transparency about actual capabilities and intentions on the part of all major players in space, creates a cyclical escalation which has led some commentators to describe this as a return to a Cold War–type arms race and to the foreseeability of a space-based conflict. Due to many unique characteristics of the space domain, an armed conflict in space would be catastrophic for all players, including neutral States, commercial actors, and international civil society. Due to the specificity of the space domain, specialized expertise must be provided to decision makers, and interdisciplinary opinions must be sought from a multitude of stakeholders. To that end, this volume provides a wide spectrum of perspectives from experts who have engaged together at a conference hosted by the Center for Ethics in the Rule of Law to discuss these issues. Ethical, legal, and policy solutions are offered here by those with experience in the space sector, including academia, legal practitioners, military lawyers and operators, diplomats, and policy advisers.
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