Download or read book Civil and Commercial Mediation in Europe set Vols 1 2 written by Carlos Esplugues Mota and published by . This book was released on 2014-03-27 with total page 0 pages. Available in PDF, EPUB and Kindle. Book excerpt: Originally available as two separate volumes, Intersentia's Civil and Commercial Mediation in Europe is now available as a two volume set. *** About Volume I on National Mediation Rules and Procedures: Mediation is becoming an increasingly important tool for resolving civil and commercial disputes. Although it has been long since recognized in many legal systems, in recent years it has received an important boost and is currently one of the most topical issues in the field of dispute resolution. The European Directive 2008/52/EC of the European Parliament and of the Council of 21.5.2008 on certain aspects of mediation in civil and commercial matters, prescribes a set of minimum common rules on mediation for all EU Member States, with the exception of Denmark. This book examines the current legal framework in every EU Member State regarding mediation in civil and commercial matters, as well as the way in which the Directive has been, or is expected to be, implemented in the near future. It is written by renowned specialists on mediation in Europe and provides an exhaustive account for both scholars and practitioners in Europe and beyond the continent. Every chapter on national law analyzes: both out-of-court and court-annexed mediation in the existing legal framework * the areas of law covered by mediation * the value and formal requirements of the agreement to submit any dispute to mediation * personal features and requirements for mediators * procedural requirements in the mediation procedure * the relationship between the mediator and public authorities * the outcome of the mediation procedure * in the scenario in which a mediation settlement is reached, its requirements and effects. *** About Volume II on Cross-Border Mediation: Mediation plays a leading role within the movement of Alternative Dispute Resolution after centuries in which for several reasons the State and State courts were regarded as the only available instrument to ensure access to justice to citizens. In the European Union the institution of mediation has received much support in the form of Directive 2008/52/EC which sets forth a minimum common legal framework for mediation in the Member States. The 2008 Directive has finally been implemented in the Member States and this book provides the much needed in-depth analysis of the status of the mediation regimes in the European Union. The analysis covers the legal regimes of the Member States set up for cross-border and national mediation. This volume includes national reports on cross-border mediation including in-depth information on all the relevant aspects of cross-border mediation: the notion of cross-border mediation, the law applicable to the mediation clause, the mediation proceedings and the content of the settlement reached by the parties. Special attention is of course given to the recognition and enforcement in the European Union of settlements reached in other Member States and outside Europe. In addition the role of mediators and requirements to become a mediator are examined. This book provides a unique picture of the legal situation in the European Union for cross-border mediation. It is an invaluable instrument for those who want to know more about this complex topic or want to become a mediator in Europe themselves.

Download or read book Writing Off Ideas written by Randall G. Holcombe and published by Transaction Publishers. This book was released on 2000 with total page 214 pages. Available in PDF, EPUB and Kindle. Book excerpt: In the 20th century tax-exempt charitble foundations in the US have grown substantially, both in their financial importance, and in the scope of their activties. This book examines the economic, cultural, and intellectual implications of these organizations.

Download or read book The Oxford Handbook of International Organizations written by Jacob Katz Cogan and published by Oxford University Press. This book was released on 2016-11-10 with total page 1345 pages. Available in PDF, EPUB and Kindle. Book excerpt: Virtually every important question of public policy today involves an international organization. From trade to intellectual property to health policy and beyond, governments interact with international organizations in almost everything they do. Increasingly, individual citizens are directly affected by the work of international organizations. Aimed at academics, students, practitioners, and lawyers, this book gives a comprehensive overview of the world of international organizations today. It emphasizes both the practical aspects of their organization and operation, and the conceptual issues that arise at the junctures between nation-states and international authority, and between law and politics. While the focus is on inter-governmental organizations, the book also encompasses non-governmental organizations and public policy networks. With essays by the leading scholars and practitioners, the book first considers the main international organizations and the kinds of problems they address. This includes chapters on the organizations that relate to trade, humanitarian aid, peace operations, and more, as well as chapters on the history of international organizations. The book then looks at the constituent parts and internal functioning of international organizations. This addresses the internal management of the organization, and includes chapters on the distribution of decision-making power within the organizations, the structure of their assemblies, the role of Secretaries-General and other heads, budgets and finance, and other elements of complex bureaucracies at the international level. This book is essential reading for scholars, practitioners, and students alike.

Download or read book Arbitration ADR written by and published by Universal Law Publishing. This book was released on 2009 with total page 132 pages. Available in PDF, EPUB and Kindle. Book excerpt:

Download or read book Dangerous Sanctuaries written by Sarah Kenyon Lischer and published by Cornell University Press. This book was released on 2015-07-22 with total page 222 pages. Available in PDF, EPUB and Kindle. Book excerpt: Since the early 1990s, refugee crises in the Balkans, Central Africa, the Middle East, and West Africa have led to the international spread of civil war. In Central Africa alone, more than three million people have died in wars fueled, at least in part, by internationally supported refugee populations. The recurring pattern of violent refugee crises prompts the following questions: Under what conditions do refugee crises lead to the spread of civil war across borders? How can refugee relief organizations respond when militants use humanitarian assistance as a tool of war? What government actions can prevent or reduce conflict?To understand the role of refugees in the spread of conflict, Sarah Kenyon Lischer systematically compares violent and nonviolent crises involving Afghan, Bosnian, and Rwandan refugees. Lischer argues against the conventional socioeconomic explanations for refugee-related violence—abysmal living conditions, proximity to the homeland, and the presence of large numbers of bored young men. Lischer instead focuses on the often-ignored political context of the refugee crisis. She suggests that three factors are crucial: the level of the refugees' political cohesion before exile, the ability and willingness of the host state to prevent military activity, and the contribution, by aid agencies and outside parties, of resources that exacerbate conflict.Lischer's political explanation leads to policy prescriptions that are sure to be controversial: using private security forces in refugee camps or closing certain camps altogether. With no end in sight to the brutal wars that create refugee crises, Dangerous Sanctuaries is vital reading for anyone concerned with how refugee flows affect the dynamics of conflicts around the world.

Download or read book Intellectual Property Overlaps written by Estelle Derclaye and published by Hart Pub Limited. This book was released on 2011 with total page 345 pages. Available in PDF, EPUB and Kindle. Book excerpt: Intellectual property rights, conventionally seen as quite distinct, are increasingly overlapping with one another. This book's aim is to find appropriate rules to regulate overlaps and thereby avoid regime conflicts and undue unstructured expansion of IPRs.

Download or read book Postanarchism written by Saul Newman and published by John Wiley & Sons. This book was released on 2015-12-02 with total page 0 pages. Available in PDF, EPUB and Kindle. Book excerpt: What shape can radical politics take today in a time abandoned by the great revolutionary projects of the past? In light of recent uprisings around the world against the neoliberal capitalist order, Saul Newman argues that anarchism - or as he calls it postanarchism - forms our contemporary political horizon. In this book, Newman develops an original political theory of postanarchism; a form of anti-authoritarian politics which starts, rather than finishes, with anarchy. He does this by asking four central questions: who are we as subjects; how do we resist; what is our relationship to violence; and, why do we obey? By drawing on a range of heterodox thinkers including La Boétie, Sorel, Benjamin, Stirner and Foucault, the author not only investigates the current conditions for radical political thought and action, but proposes a new form of politics based on what he calls ontological anarchy and the desire for autonomous life. Rather than seeking revolutionary emancipation or political hegemony, we should affirm instead the non-existence of power and the ever-present possibilities of freedom. As the tectonic plates of our time are shifting, revealing the nihilism and emptiness of our political and economic order, postanarchisms disdain for power in all its forms offers us genuine emancipatory potential.

Download or read book Modern Brazil written by Herbert S. Klein and published by Cambridge University Press. This book was released on 2020-03-12 with total page 437 pages. Available in PDF, EPUB and Kindle. Book excerpt: The first social history examining all aspects of Brazil's radical transition from a predominantly rural society to an urban one.

Download or read book Intellectual Property and Agriculture written by B. Sherman and published by . This book was released on 2018-05-31 with total page 550 pages. Available in PDF, EPUB and Kindle. Book excerpt:

Download or read book Condemned to Repeat written by Fiona Terry and published by Cornell University Press. This book was released on 2013-04-12 with total page 299 pages. Available in PDF, EPUB and Kindle. Book excerpt: Humanitarian groups have failed, Fiona Terry believes, to face up to the core paradox of their activity: humanitarian action aims to alleviate suffering, but by inadvertently sustaining conflict it potentially prolongs suffering. In Condemned to Repeat?, Terry examines the side-effects of intervention by aid organizations and points out the need to acknowledge the political consequences of the choice to give aid. The author makes the controversial claim that aid agencies act as though the initial decision to supply aid satisfies any need for ethical discussion and are often blind to the moral quandaries of aid. Terry focuses on four historically relevant cases: Rwandan camps in Zaire, Afghan camps in Pakistan, Salvadoran and Nicaraguan camps in Honduras, and Cambodian camps in Thailand. Terry was the head of the French section of Medecins sans frontieres (Doctors Without Borders) when it withdrew from the Rwandan refugee camps in Zaire because aid intended for refugees actually strengthened those responsible for perpetrating genocide. This book contains documents from the former Rwandan army and government that were found in the refugee camps after they were attacked in late 1996. This material illustrates how combatants manipulate humanitarian action to their benefit. Condemned to Repeat? makes clear that the paradox of aid demands immediate attention by organizations and governments around the world. The author stresses that, if international agencies are to meet the needs of populations in crisis, their organizational behavior must adjust to the wider political and socioeconomic contexts in which aid occurs.

Download or read book Silent Theft written by David Bollier and published by Psychology Press. This book was released on 2003 with total page 276 pages. Available in PDF, EPUB and Kindle. Book excerpt: This text exposes the audacious attempts of companies to appropriate medical breakthroughs, public airwaves, outer space, state research, and even the DNA of plants and animals. It is an attempt to develop a new ethos of commonwealth in the face of a market ethic that knows no bounds.

Download or read book Stop Thief written by Peter Linebaugh and published by PM Press. This book was released on 2014-03-01 with total page 449 pages. Available in PDF, EPUB and Kindle. Book excerpt: In this majestic tour de force, celebrated historian Peter Linebaugh takes aim at the thieves of land, the polluters of the seas, the ravagers of the forests, the despoilers of rivers, and the removers of mountaintops. Scarcely a society has existed on the face of the earth that has not had commoning at its heart. “Neither the state nor the market,” say the planetary commoners. These essays kindle the embers of memory to ignite our future commons. From Thomas Paine to the Luddites, from Karl Marx—who concluded his great study of capitalism with the enclosure of commons—to the practical dreamer William Morris—who made communism into a verb and advocated communizing industry and agriculture—to the 20th-century communist historian E.P. Thompson, Linebaugh brings to life the vital commonist tradition. He traces the red thread from the great revolt of commoners in 1381 to the enclosures of Ireland, and the American commons, where European immigrants who had been expelled from their commons met the immense commons of the native peoples and the underground African-American urban commons. Illuminating these struggles in this indispensable collection, Linebaugh reignites the ancient cry, “STOP, THIEF!”

Download or read book The Global Commons written by Susan J. Buck and published by Island Press. This book was released on 2012-06-22 with total page 241 pages. Available in PDF, EPUB and Kindle. Book excerpt: Vast areas of valuable resources unfettered by legal rights have, for centuries, been the central target of human exploitation and appropriation. The global commons -- Antarctica, the high seas and deep seabed minerals, the atmosphere, and space -- have remained exceptions only because access has been difficult or impossible, and the technology for successful extraction has been lacking. Now, technology has caught up with desire, and management regimes are needed to guide human use of these important resource domains. In The Global Commons, Susan Buck considers the history of human interactions with each of the global commons areas and provides a concise yet thorough account of the evolution of management regimes for each area. She explains historical underpinnings of international law, examines the stakeholders involved, and discusses current policy and problems associated with it. Buck applies key analytical concepts drawn from institutional analysis and regime theory to examine how legal and political concerns have affected the evolution of management regimes for the global commons. She presents in-depth case studies of each of the four regimes, outlining the historical evolution of the commons -- development of interest in exploiting the resource domain; conflicts among nations over the use of the commons; and efforts to design institutions to control access to the domains and to regulate their use -- and concluding with a description of the management regime that eventually emerged from the informal and formal negotiations. The Global Commons provides a clear, useful introduction to the subject that will be of interest to general readers as well as to students in international relations and international environmental law, and in environmental law and policy generally.

Download or read book Introduction to Animal Rights written by Gary Francione and published by Temple University Press. This book was released on 2010-07-29 with total page 276 pages. Available in PDF, EPUB and Kindle. Book excerpt: Argues that the way humans treat animals results from the contradiction between the ideas that animals have some rights, but that they are also property, and offers ways to resolve the conflict.

Download or read book International Organization and Global Governance written by Thomas G. Weiss and published by Routledge. This book was released on 2013-10-15 with total page 649 pages. Available in PDF, EPUB and Kindle. Book excerpt: Featuring a diverse and impressive array of authors, this volume is the most comprehensive textbook available for all interested in international organization and global governance. Organized around a concern with how the world is and could be governed, the book offers: in-depth and accessible coverage of the history and theories of international organization and global governance; discussions of the full range of state, intergovernmental, and nonstate actors; and examinations of key issues in all aspects of contemporary global governance. The book’s 50 chapters are arranged into 7 parts and woven together by a comprehensive introduction to the field, separate section introductions designed to guide students and faculty, and helpful pointers to further reading. International Organization and Global Governance is a self-contained resource enabling readers to better comprehend the role of myriad actors in the governance of global life as well as to assemble the many pieces of the contemporary global governance puzzle.

Download or read book The Enclosure and Recovery of the Commons written by and published by . This book was released on 1997 with total page 212 pages. Available in PDF, EPUB and Kindle. Book excerpt:

Download or read book Law and Ecology written by Andreas Philippopoulos-Mihalopoulos and published by Taylor & Francis. This book was released on 2011-03-03 with total page 257 pages. Available in PDF, EPUB and Kindle. Book excerpt: Law and Ecology: New Environmental Foundations contains a series of theoretical and applied perspectives on the connection between law and ecology, which together offer a radical and socially responsive foundation for environmental law. While its legal corpus grows daily, environmental law has not enjoyed the kind of jurisprudential underpinning generally found in other branches of law. This book forges a new ecological jurisprudential foundation for environmental law – where ‘ecological' is understood both in the narrow sense of a more ecosystemic perspective on law, and in the broad sense of critical self-reflection of the mechanisms of environmental law as they operate in a context where boundaries between the human and the non-human are collapsing, and where the traditional distinction between ecocentrism and anthropocentrism is recast. Addressing current debates, including the intellectual property of bioresources; the protection of biodiversity in view of tribal land demands; the ethics of genetically modified organisms; the redefinition of the 'human' through feminist and technological research; the spatial/geographical boundaries of environmental jurisdiction; and the postcolonial geographies of pollution – Law and Ecology redefines the way environmental law is perceived, theorised and applied. It also constitutes a radical challenge to the traditionally human-centred frameworks and concerns of legal theory.