New Books in Law

Why do some international courts wield broad authority while others face pushback or fade into irrelevance? The Authority of International Courts: A Behavioural Framework
(Hart Publishing, 2026) by Dr. Dana Burchardt provides novel
theoretical and empirical insights into this question. It offers a
fresh, interdisciplinary perspective on the authority of international
courts, drawing from law, political science and behavioural research.

It
develops, in Part I, a theoretical model and analytical framework for
assessing these questions. The model explains how authority
relationships between courts and their audiences—such as states, NGOs,
individual applicants, and domestic courts—are formed, maintained,
or contested. In Part II, the book applies this analytical framework to
in-depth case studies of two selected international courts: the
European Court of Human Rights and the Court of Justice of the Economic
Community of West African States. These studies not only provide deeper
insights into the authority of these courts but also demonstrate
how the analytical framework can be applied to other international
courts to generate an enhanced understanding of international court
authority.

The
book sheds new light on why some courts enjoy enduring authority and
others face pushback, offering powerful tools for understanding the
behaviour of international courts and their audiences.

This interview was conducted by Dr. Miranda Melcher whose book
focuses on post-conflict military integration, understanding treaty
negotiation and implementation in civil war contexts, with qualitative
analysis of the Angolan and Mozambican civil wars. You can find
Miranda’s interviews on New Books with Miranda Melcher, wherever you get your podcasts. 
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Grounded in empirical studies, this book is both a history of the
emergence of feminist jurisprudence in post-colonial India and a model
of innovative legal research. The book inaugurates a creative practice
of scholarly activism that engages a new way of thinking about law and
feminist jurisprudence, one that is geared to acknowledge and take
responsibility for the hierarchies in Indian academic practices. Its
method of conversation and accountability continues the feminist
tradition of taking reciprocity and the time and place of collaboration
seriously. It helps make visible the specific ties between post-colonial
life and law and joins the work of refusing and reimagining the
hierarchical formation of legal knowledge in a caste-based Indian
society. A significant contribution to the history and practice of
feminist jurisprudence in post-colonial India, A Jurisprudence of Conversations: Law, Life and Feminism in Post-colonial India (Cambridge University Press, 2026) will appeal to both an academic and activist readership.

Debolina
Dutta is a Research Fellow at Melbourne Law School's Centre of
Excellence for the Elimination of Violence Against Women (CEVAW)

Saumya Dadoo is a PhD Candidate at MESAAS, Columbia University
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Border Afterlives: Migrant Deaths, Forensic Investigations, and the Politics of Haunting (University of Arizona Press, 2026) begins
with the undocumented individuals who die crossing the U.S.-Mexico
border—deaths that are both preventable and politically produced. Moving
between the practical and the philosophical, forensic anthropologist
and author Gabriella Soto asks what it means to care for the dead and
what society owes to those who die in its name. Through the lens of
haunting, she explores how the dead continue to shape the living, not as
objects of horror but as moral agents whose presence demands justice.
Centered primarily in Arizona and South Texas, Border Afterlives
offers a border-scale comparative account of forensic practices,
critiques the limits of “best practices” in under-resourced systems, and
calls for a re-imagining of forensic humanitarianism grounded in
reciprocity and dignity, beyond human rights. This is a book that
insists on remembering the dead.

In this conversation, we discuss
the difficult interplay between federal immigration policy and local
practices of death care on the border, the implications of policies that
cause increased death tolls, the politics of humanitarian immigration
reform, and, finally, how allowing ourselves to be haunted by the slow
mass casualties of the border can and should inspire us to act.

Gabriella
Soto is a contemporary archaeologist who examines the material world to
understand pressing social issues. Integrating ethnographic methods,
GIS technology, and archival research, she specializes in migration
materialities, focusing on Latinx migration and security at the
US-Mexico border. Her work analyzes the material footprints of transit,
forensic death investigations, and security and humanitarian
infrastructure. An ACLS fellow whose work has also been funded by the
Wenner-Gren Foundation, Soto is a research affiliate at the Binational
Migration Institute and holds faculty affiliations at Arizona State
University’s School of Transborder Studies, School of Interdisciplinary
Forensics, and the Latinx Oral History Lab. Her research has appeared in
American Anthropologist and Political Geography, and her article on
migrant material culture won the American Anthropological Association’s
Gordon R. Willey Paper Prize. Dr. Soto is the author of Border
Afterlives: Migrant Deaths, Forensic Investigations, and the Politics of
Haunting (University of Arizona Press, 2026).
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The assumption that only humans can engage in politics—that only
humans are 'zoon politikon'—is foundational to the Western tradition of
political philosophy. While there is increasing recognition of animals'
moral status (both within moral philosophy and at the level of public
opinion), animals are not recognized as political subjects. This
carefully researched but accessibly written volume—following on from the
authors' earlier book Zoopolis—argues that animals too have a
right to politics: a right to be recognized as political subjects and
agents, and as members of political communities entitled to collective
self-determination. ⁠Animals and the Right to Politics⁠
(Oxford University Press, 2026) draws on recent scientific work on
animal societies, cultures, and decision-making, as well as recent work
by political theorists rethinking ideas of agency and
community—especially the significance of emplaced and embodied
encounters and relationships to the activity of politics. Sue Donaldson
and Will Kymlicka draw a picture of what it would mean to create spaces
and practices, not only for politics conducted by humans on behalf of
animals, but also politics with and by animals on their own terms. It
then explores how this approach could inform a wide range of
contemporary debates in human-animal relations, including wildlife
conservation, urban planning, and animal labour.

⁠Sue Donaldson⁠
is a Canadian author and animal advocate. She has published more than
40 academic articles, and is the co-author, with Will Kymlicka, of Zoopolis: A Political Theory of Animal Rights
(Oxford University Press, 2011) which won the Canadian Philosophical
Association Book Prize in 2013, and has been translated into 11
languages. She is co-convenor of the Animals in Philosophy, Politics,
Law and Ethics research group at Queen's University, Kingston, Canada.

⁠Will Kymlicka⁠ is the author of seven books published by Oxford University Press, including Contemporary Political Philosophy (2nd ed., 2001), Multicultural Citizenship (1996), and Zoopolis: A Political Theory of Animal Rights
(co-authored with Sue Donaldson; 2011). He is currently the Canada
Research Chair in Political Philosophy at Queen's University, a Fellow
of the Royal Society of Canada and of the Canadian Institute for
Advanced Research, an Officer of the Order of Canada, and a
Corresponding Fellow of the British Academy. His works have been
translated into 34 languages.

⁠Kyle Johannsen⁠ is Sessional Faculty Member in the Department of Philosophy at Trent University. His most recent authored book is Wild Animal Ethics: The Moral and Political Problem of Wild Animal Suffering (Routledge, 2021).
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In 1914 the British-built and Japanese-owned steamship Komagata Maru
left Hong Kong for Vancouver carrying 376 Punjabi migrants. Chartered
by railway contractor and purported rubber planter Gurdit Singh, the
ship and its passengers were denied entry into Canada and two months
later were deported to Calcutta.

In Across Oceans of Law: The Komagata Maru and Jurisdiction in the Time of Empire (Duke University Press, 2018) Renisa Mawani retells this well-known story of the Komagata Maru.
Drawing on "oceans as method"—a mode of thinking and writing that
repositions land and sea—Mawani examines the historical and conceptual
stakes of situating histories of Indian migration within maritime
worlds.

Through close readings of the ship, the manifest, the trial, and the
anticolonial writings of Singh and others, Mawani argues that the Komagata Maru's
landing raised urgent questions regarding the jurisdictional tensions
between the common law and admiralty law, and, ultimately, the legal
status of the sea. By following the movements of a single ship and
bringing oceans into sharper view, Mawani traces British imperial power
through racial, temporal, and legal contests and offers a novel method
of writing colonial legal history.

The conversation also covers how the book, published in 2018, has
shaped the author’s more recent work as well as how historical methods
and approaches have evolved in the years since publication.

Helen Dewar is an historian of the Atlantic World and French
colonization in North America in the 17th and 18th centuries. She is a
professor of history at the Université de Montréal (Québec, Canada) and
the author of Disputing New France: Companies, Sovereignty and Law in the French Atlantic, 1598-1663 (McGill-Queen’s University Press, 2022).

Helen’s institutional website
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