New Books in Law

International treaties are the primary means for codifying global human rights standards. However, nation-states are able to make their own choices in how to legally commit to human rights treaties. A state commits to a treaty through four commitment acts: signature, ratification, accession, and succession. These acts signify diverging legal paths with distinct contexts and mechanisms for rights change reflecting legalization, negotiation, sovereignty, and domestic constraints. How a state moves through these actions determines how, when, and to what extent it will comply with the human rights treaties it commits to. Using legal, archival, and quantitative analysis Committed to Rights: UN Human Rights Treaties and Legal Paths for Commitment and Compliance (Cambridge UP, 2021) shows that disentangling legal paths to commitment reveals distinct and significant compliance outcomes. Legal context matters for human rights and has important implications for the conceptualization of treaty commitment, the consideration of non-binding commitment, and an optimistic outlook for the impact of human rights treaties.Audrey L. Comstock is an Assistant Professor of Political Science in the School of Social and Behavioral Sciences at Arizona State University and Interim Director of the ASU Global Human Rights Hub. She received a PhD in Government from Cornell University. Her research focuses on the United Nations, international human rights law, negotiations, women's rights, and sexual exploitation and abuse.Lamis Abdelaaty is an assistant professor of political science at the Maxwell School of Syracuse University. She is the author of Discrimination and Delegation: Explaining State Responses to Refugees (Oxford University Press, 2021). Email her comments at labdelaa@syr.edu or tweet to @LAbdelaaty. Learn more about your ad choices. Visit megaphone.fm/adchoicesSupport our show by becoming a premium member! https://newbooksnetwork.supportingcast.fm/law

In this groundbreaking work, Professor Brandon T. Jett unearths how police departments evolved with the urbanization of the Jim Crow South, to target African Americans through a variety of mechanisms of control and violence, such as violent interactions, unjust arrests, and the enforcement of segregation laws and customs. Race, Crime, and Policing in the Jim Crow South, published by Louisiana State University in July 2021, provides explanation and context to show the way that modern institution of policing in the United States has evolved from, but clings to historical patterns and attitudes that situate African Americans in positions of relative vulnerability in their interactions with police. Still, what surprises in Jett's work is the way that Black residents co-operated and even manipulated the police in aid of crime reduction and to extract services in the urban spaces that they lived. Vivid examples and rich detail provides the reader with a thorough understanding of criminal justice and the way that policing reinforced segregation during the Jim Crow era. Brandon T. Jett is a professor of history at Florida South Western State College. In 2017, he was awarded a William Nelson Cromwell Foundation Early Career Scholar Fellowship. You can listen to him host on New Books in The American South. Race, Crime Policing in the Jim Crow South was the Silver Medal Winner of the Florida Book Award in 2021.Jane Richards is a doctoral student at the University of Hong Kong. You can find her on twitter where she follows all things related to human rights and Hong Kong politics @JaneRichardsHK Learn more about your ad choices. Visit megaphone.fm/adchoicesSupport our show by becoming a premium member! https://newbooksnetwork.supportingcast.fm/law

Leading up to Mayday, the nationwide Day of Refusal, and Abolition May, Saronik talks with Sean Gordon about abolition as an historical movement to end the transatlantic slave trade and a transformative justice movement to abolish prisons and defund the police. The episode focuses on the relationship between absence and presence, destruction and reconstruction, in abolitionist narratives and thought, and makes reference to Angela Davis’s Abolition Democracy: Beyond Empire, Prisons, and Torture (2005), Mariame Kaba’s We Do This ‘Til We Free Us: Abolitionist Organizing and Transforming Justice (2021), Tiffany Lethabo King’s The Black Shoals: Offshore Formations of Black and Native Studies (2019), and works by W. E. B. Du Bois, Ruth Wilson Gilmore, Frank Wilderson, and Jared Sexton. There is no doubt that abolition will save the world.Sean recently finished his PhD in English and American Studies at the University of Massachusetts Amherst. His research and teaching focus on nineteenth-century American literature, abolition, and the environmental humanities.You can visit the We Do This ‘Til We Free Us publisher’s website to donate copies of the book to people who are incarcerated.Image: “A is for Abolition”, one in the series titled Collidescopes by Julia BernierMusic used in promotional material: “Heartbeat” by ykymr Learn more about your ad choices. Visit megaphone.fm/adchoicesSupport our show by becoming a premium member! https://newbooksnetwork.supportingcast.fm/law

In China and the International Human Rights Regime (Cambridge University Press, 2021), Rana Siu Inboden examines the evolution of China’s posture towards the U.N. human rights system since the early 1980s. The book examines in unprecedented details China’s role and impact on the complex negotiations between U.N. members over the International Covenant Against Torture and its optional protocol; the establishment of the U.N. Human Rights Council; and the monitoring powers of the International labour Organization. A former U.S. State Department official in the Bureau of Democracy, Labor and Human Rights, Inboden shows how China, through subtle yet persistent efforts, largely but not entirely successfully managed to constrain the U.N. human rights system. Based on a range of documentary and archival research, as well as extensive interview data, Inboden provides fresh insights into the motivations and influences driving China's conduct and explores China's rising position as a global power. In this interview, Inboden discusses her findings as well as more recent developments under the leadership of President Xi Jinping.Nicholas Bequelin is a human rights professional with a PhD in history and a scholarly bent. He has worked about 20 years for Human Rights Watch and Amnesty International, most recently as Regional director for Asia. He’s currently a Visiting Scholar and Lecturer at Yale Law School. Learn more about your ad choices. Visit megaphone.fm/adchoicesSupport our show by becoming a premium member! https://newbooksnetwork.supportingcast.fm/law

Political corruption remains … one of the most intriguing and challenging issues in social science research and public policy, perhaps because although it occurs in virtually all polities, its causes, patterns, and consequences often seem unique to each circumstance.– Cadres and Corruption by Xiaobo Lu (2000)Corruption is rampant in many authoritarian regimes, leading most observers to assume that autocrats have little incentive or ability to curb government wrongdoing. Corruption Control in Authoritarian Regimes – Lessons from East Asia, published by Cambridge University Press in 2022, shows that meaningful anti-corruption efforts by nondemocracies are more common and more often successful than is typically understood. Drawing on wide-ranging analysis of authoritarian anti-corruption efforts globally and in-depth case studies of key countries such as China, South Korea and Taiwan over time, Dr. Carothers constructs an original theory of authoritarian corruption control. He disputes views that hold democratic or quasi-democratic institutions as necessary for political governance successes and argues that corruption control in authoritarian regimes often depends on a powerful autocratic reformer having a free hand to enact and enforce measures curbing government wrongdoing. His book advances our understanding of authoritarian governance and durability while also opening up new avenues of inquiry about the politics of corruption control in East Asia and beyond.Christopher Carothers is a scholar of comparative politics and most recently affiliated with the University of Pennsylvania’s Center for the Study of Contemporary China as a post-doctoral fellow. Professor Carothers research focuses on authoritarianism and corruption control with a regional focus on East Asia, and has written for Foreign Affairs, Foreign Policy, Politics and Society and the Journal of Democracy among others.Keith Krueger lectures in the SILC Business School at Shanghai University. Learn more about your ad choices. Visit megaphone.fm/adchoicesSupport our show by becoming a premium member! https://newbooksnetwork.supportingcast.fm/law

Dr. Sofia Stolk’s The Opening Statement of the Prosecution in International Criminal Trials: A Solemn Tale of Horror (Routledge, 2021) addresses the discursive importance of the prosecution’s opening statement before an international criminal tribunal. Opening statements are considered to be largely irrelevant to the official legal proceedings but are simultaneously deployed to frame important historical events. They are widely cited in international media as well as academic texts; yet have been ignored by legal scholars as objects of study in their own right. Dr. Stolk aims to remedy this neglect, by analysing the narrative that is articulated in the opening statements of different prosecutors at different tribunals in different times.This book aims to magnify the story of the opening statement where it becomes ambiguous, circular, repetition, self-referential, incomplete, and inescapable. It aims to uncover the specificities of a discourse that is built on and rebuilds paradoxes, to illuminate some of the absurdities that mark the foundations of the opening statements’ celebration of reason. More generally, it aims to show how the contradticion in the opening statement reflects foundational tensions that are productive and constituative of the field of international criminal law more broadly. Above all, [this book] shows how the opening statement aims to provide certainty where there is none.The book takes an interdisciplinary approach and looks at the meaning of the opening narrative beyond its function in the legal process in a strict sense, discussing the ways in which the trial is situated in time and space and how it portrays the main characters. Dr. Stolk shows how perpetrators and victims, places and histories, are juridified in a narrative that, whilst purporting to legitimise the trial, the tribunal and international criminal law itself, is beset with tensions and contradictions.This interview was conducted by Dr. Miranda Melcher whose doctoral work focused on post-conflict military integration, understanding treaty negotiation and implementation in civil war contexts, with qualitative analysis of the Angolan and Mozambican civil wars. Learn more about your ad choices. Visit megaphone.fm/adchoicesSupport our show by becoming a premium member! https://newbooksnetwork.supportingcast.fm/law

In this account of the rapid erosion of liberties, freedom of speech, freedom of the press and civil and political rights in Hong Kong, Mark L. Clifford's latest book provides an historically in-depth, vivid political analysis of the rapidly changing situation in Hong Kong. When the British ceased its period of colonial rule in 1997, and Hong Kong was returned to the governance of the People's Republic of China, then Chinese Communist Party Leader, Deng Xiaoping promised that Hong Kong would maintain its way of life for the next 50 years. This way of life, the rule of law, and independent judiciary, a democratically elected government, and the sorts of human rights which shape societies in liberal democracies worldwide, were also guaranteed in Hong Kong's mini-constitution - The Basic Law. However, less than halfway through this "One Country, Two Systems" experiment, Hong Kongers rights and freedoms, and its rule of law and the values which have come to form the basis of a unique Hong Konger identity have been crushed.Today Hong Kong, Tomorrow the World: What China's Crackdown Reveals about its plans to End Freedom Everywhere (St. Martin's Press, 2022) is hard to put down; It is not just the way that Clifford brings to life the characters and pivotal moments in the rising tide of oppression, but also the implications of the situation in Hong Kong for the rest of the world act as a profound warning. This book is unique for its on the ground analysis and the insight it provides in framing Hong Kong as the geopolitical nexus between libertarian values of the West and Communist China's political system.  Mark L. Clifford is the president of the Committee for Freedom in Hong Kong. He holds a PhD in history from the University of Hong Kong. A Walter Bagehot Fellow at Columbia University, he lived in Asia from 1987 until 2021. Previously, Clifford was executive director of the Hong Kong-based Asia Business Council, the editor-in-chief of the South China Morning Post (Hong Kong), and publisher and editor-in-chief of The Standard (Hong Kong). He held senior editorial positions at BusinessWeek and the Far Eastern Economic Review in Hong Kong and Seoul. He has won numerous academic, book, and journalism awards. He was also on the board of directors of Next Digital; the company that published the pro-democracy newspaper, Apple Daily, before it was forced to shutdown in June 2021. Jane Richards is a doctoral student at the University of Hong Kong. You can find her on twitter where she follows all things related to human rights and Hong Kong politics @JaneRichardsHK Learn more about your ad choices. Visit megaphone.fm/adchoicesSupport our show by becoming a premium member! https://newbooksnetwork.supportingcast.fm/law

In Innocent Until Proven Muslim: Islamophobia, the War on Terror, and the Muslim Experience Since 9/11 published in 2022 with Broadleaf Books, Maha Hilal describes how narratives of 9/11 and the war on terror have been constructed over the last twenty years and the various ways in which they have justified state violence against Muslims. Hilal offers answers to many questions, including and especially how the war on terror started, what its impact on American Muslims and Muslims abroad has been, and how to work to dismantle it.Hilal holds a PhD in Justice, Law, and Society from American University and has received many awards, including the Department of State's Critical Language Scholarship, the Kathryn Davis Fellowship for Peace, and a Reebok Human Rights Fellowship.The book is written accessibly, making difficult concepts and themes easy to follow and understand. It is easily assignable in undergraduate and graduate courses and makes for an essential read for policymakers and for anyone interested in the Muslim American experience post-9/11, and perhaps anyone who denies the existence of institutional Islamophobia and naively thinks the U.S. is the beacon of light and justice in the world—because this book shows with ample evidence that it’s not.In our conversation today, Hilal tells us the story of the origins of the book, what its contributions are, what makes it different from other books on Islamophobia, the roles that U.S. presidents since 9/11 have played in reinforcing and exacerbating Islamophobic rhetoric in the U.S. We also talk about the many U.S. policies, domestic as well as international, that legitimate the existence of Islamophobic state violence, the ways in which the FBI uses informants to entrap Muslims, the legal and narrative strategies that allow for the U.S. to commit extreme forms of torture against Muslims. We end with a discussion on internalized Islamophobia and, among other things, its harmful impact on Muslim Americans.Shehnaz Haqqani is an Assistant Professor of Religion at Mercer University. She earned her PhD in Islamic Studies with a focus on gender from the University of Texas at Austin in 2018. Her dissertation research explored questions of change and tradition, specifically in the context of gender and sexuality, in Islam. She can be reached at haqqani_s@mercer.edu. Learn more about your ad choices. Visit megaphone.fm/adchoicesSupport our show by becoming a premium member! https://newbooksnetwork.supportingcast.fm/law

Our contemporary political condition is obsessed with immunity. The immunity of bodies and the body politic; personal immunity and herd immunity; how to immunize the social system against breakdown. The obsession intensifies with every new crisis and the mobilization of yet more powers of war and police, from quarantine to border closures and from vaccination certificates to immunological surveillance. Engaging four key concepts with enormous cultural weight – Cell, Self, System and Sovereignty – The Politics of Immunity: Security and the Policing of Bodies (Verso, 2022) moves from philosophical biology to intellectual history and from critical theory to psychoanalysis to expose the politics underpinning the way immunity is imagined. At the heart of this imagination is the way security has come to dominate the whole realm of human experience. From biological cell to political subject, and from physiological system to the social body, immunity folds into security, just as security folds into immunity. The book thus opens into a critique of the violence of security and spells out immunity’s tendency towards self-destruction and death: immunity, like security, can turn its aggression inwards, into the autoimmune disorder. Wide-ranging and polemical, this book lays down a major challenge to the ways in which the immunity of the self and the social are imagined.In this interview, I spoke with Mark Neocleous about his fascinating and wide-ranging book The Politics of Immunity. We also spent time discussing his previous work on security and police power, the personal context informing this work, and connections with the ongoing UK undercover policing controversy (discussed in my previous interview with the authors of Deep Deception).Content warning: between 43-45 minutes into the podcast, there is a brief discussion of suicide in the context of Mark's forthcoming work.Mark Neocleous is Professor of the Critique of Political Economy at Brunel University in London, and is well-known for his influential work on police power and security. His recent books include The Universal Adversary: Security, Capital and 'The Enemies of All Mankind' (2016); War Power, Police Power (2014); and the newly-reissued A Critical Theory of Police Power: The Fabrication of Social Order (2021).Catriona Gold is a PhD candidate in Geography at University College London. She is currently researching the US Passport Office's role in governing Cold War travel, and broadly interested in questions of security, surveillance and mobility. She can be reached by email or on Twitter. Learn more about your ad choices. Visit megaphone.fm/adchoicesSupport our show by becoming a premium member! https://newbooksnetwork.supportingcast.fm/law

Analyzing the spread and survival of Islamic legal ideas and commentaries in the Eastern Mediterranean and the Indian Ocean littorals, Islamic Law in Circulation: Shafi'i Texts across the Indian Ocean and the Mediterranean (Cambridge University Press, 2022) focuses on Shāfiʿīsm, one of the four Sunnī schools of Islamic law. It explores how certain texts shaped, transformed and influenced the juridical thoughts and lives of a significant community over a millennium in and between Asia, Africa and Europe. By examining the processes of the spread of legal texts and their roles in society, as well as thinking about how Afrasian Muslims responded to these new arrivals of thoughts and texts, Mahmood Kooria weaves together a narrative with the textual descendants from places such as Damascus, Mecca, Cairo, Malabar, Java, Aceh and Zanzibar to tell a compelling story of how Islam contributed to the global history of law from the thirteenth to the twentieth century.Mahmood Kooria is a researcher at Leiden University (the Netherlands) and a visiting faculty of history at Ashoka University (India). Earlier, he worked as a postdoctoral fellow at the Dutch Institute in Morocco (NIMAR); International Institute for Asian Studies (IIAS); and African Studies Centre, Leiden (ASCL). He received his PhD in Global History from Leiden University in 2016. Before this, he studied at the Centre for Historical Studies of Jawaharlal Nehru University (New Delhi, India) for his M.A. and M.Phil. in Ancient Indian History, and at Darul Huda Islamic University and the University of Calicut (both in Kerala, India) for Bachelors. In addition to numerous academic journal articles and book chapters, he has co-edited Malabar in the Indian Ocean: Cosmopolitanism in a Maritime Historical Region (2018) and Islamic Law in the Indian Ocean World: Texts, Ideas and Practices (2022). Currently he is writing a book on the matriarchal Muslim communities in East Africa and South and Southeast Asia. Learn more about your ad choices. Visit megaphone.fm/adchoicesSupport our show by becoming a premium member! https://newbooksnetwork.supportingcast.fm/law