Download or read book New Developments in Civil and Commercial Mediation written by Carlos Esplugues and published by Springer. This book was released on 2015-09-11 with total page 785 pages. Available in PDF, EPUB and Kindle. Book excerpt: By means of the analysis of more than 20 national jurisdictions of different legal and geographical origin this book provides a general understanding of the developments that civil and commercial mediation is currently undertaking across the world. The book combines 25 national reports with a General Report analyzing the major trends in civil and commercial mediation worldwide. A number of the key variables that make mediation so effective are studied in depth in the book. The concept of mediation, that varies from country to country. Its legal framework and the branches of public and private law in which it is used. The legal condition of the mediation agreement and its relevant conditions of form and content, the responsibilities of the parties in the event that they violate this agreement and the effects of this agreement on potential recourse to the courts or to arbitration, as well as with regard to pending cases. As well as the role played by the mediator, his or her appointment or designation, legal and ethical responsibilities, and the role of institutions in mediation. As well as the mediation process, its applicable rules and principles and its costs are analyzed on comparative basis. The book also pays special attention to the outcome of mediation. The enforceability of the settlement reached both in domestic and cross-border mediations constitutes a basic element for the success of the institution and is thoroughly studied. This volume constitutes a unique instrument for those interested on mediation, either practitioners, judges or academics.

Download or read book Mediation in Collective Labor Conflicts written by Martin C. Euwema and published by Springer. This book was released on 2019-05-28 with total page 337 pages. Available in PDF, EPUB and Kindle. Book excerpt: This open access book opens up the black box of mediation in collective conflicts through the analyses and comparisons of various systems. Mediation and related third party interventions such as conciliation and facilitation are discussed as effective prevention and regulation tools for different types of collective labor conflicts. These interventions fit in a new developed five-phase model of collective conflicts in organizations, going from capacity building in latent conflicts, through conciliation, mediation and arbitration in escalating phases, to rebuilding of trust after hot conflicts. The authors promote understanding and discussion with regards to labor mediation systems, presenting comparative research on the perspectives of mediators and users of mediation. This book describes and analyses laws, regulations and practices of mediation in seventeen countries, with a relative strong emphasis on Europe. Part 1 presents theoretical frameworks on conciliation and mediation in collective labor conflicts. Part 2 presents regulations and practices in 12 European countries: Belgium, Denmark, Estonia, France, Italy, Poland, Portugal, Spain, The Netherlands, and the United Kingdom. Part 3 discusses mediation in these collective conflicts in Australia, China, India, South Africa and the USA. Part 4 offers conclusions and ways forward. This book offers analyses, good practices and developments for third party intervention in collective labor conflicts in global and local changing environments. This book is a must-read for policy makers, , social partners at different levels, as well as scholars and practitioners in industrial relations, human resources management and conflict management, particularly conciliators and mediators.

Download or read book International Arbitration Law and Practice in Switzerland written by Gabrielle Kaufmann-Kohler and published by Oxford University Press. This book was released on 2015-10-22 with total page 732 pages. Available in PDF, EPUB and Kindle. Book excerpt: This book expounds the theory of international arbitration law. It explains in easily accessible terms all the fundamentals of arbitration, from separability of the arbitration agreement to competence-competence over procedural autonomy, finality of the award, and many other concepts. It does so with a focus on international arbitration law and jurisprudence in Switzerland, a global leader in the field. With a broader reach than a commentary of Chapter 12 of the Swiss Private International Law Act, the discussion contains numerous references to comparative law and its developments in addition to an extensive review of the practice of international tribunals. Written by two well-known specialists - Professor Kaufmann-Kohler being one of the leading arbitrators worldwide and Professor Rigozzi one of the foremost experts in sports arbitration - the work reflects many years of experience in managing arbitral proceedings involving commercial, investment, and sports disputes. This expertise is the basis for the solutions proposed to resolve the many practical issues that may arise in the course of an arbitration. It also informs the discussion of the arbitration rules addressed in the book, from the ICC Arbitration Rules to the Swiss Rules of International Arbitration, the CAS Code, and the UNCITRAL Rules. While the book covers commercial and sports arbitrations primarily, it also applies to investment arbitrations conducted under rules other than the ICSID framework.

Download or read book Access to Justice written by Ellie Palmer and published by Bloomsbury Publishing. This book was released on 2016-01-28 with total page 406 pages. Available in PDF, EPUB and Kindle. Book excerpt: Building on a series of ESRC funded seminars, this edited collection of expert papers by academics and practitioners is concerned with access to civil and administrative justice in constitutional democracies, where, for the past decade governments have reassessed their priorities for funding legal services: embracing 'new technologies' that reconfigure the delivery and very concept of legal services; cutting legal aid budgets; and introducing putative cost-cutting measures for the administration of courts, tribunals and established systems for the delivery of legal advice and assistance. Without underplaying the future potential of technological innovation, or the need for a fair and rational system for the prioritisation and funding of legal services, the book questions whether the absolutist approach to the dictates of austerity and the promise of new technologies that have driven the Coalition Government's policy, can be squared with obligations to protect the fundamental right of access to justice, in the unwritten constitution of the United Kingdom.

Download or read book International cooperation in criminal matters written by Wolfgang Schomburg and published by . This book was released on 2006 with total page 2449 pages. Available in PDF, EPUB and Kindle. Book excerpt:

Download or read book Fundamentals of Public International Law written by Giovanni Distefano and published by BRILL. This book was released on 2019-05-07 with total page 991 pages. Available in PDF, EPUB and Kindle. Book excerpt: Fundamentals of Public International Law, by Giovanni Distefano, provides an overview of public international law’s main principles and fundamental institutions. By introducing the foundations of the legal reasoning underlying public international law, the extensive volume offers essential tools for any international lawyer, regardless of the specific field of specialization. Dealing expansively with subjects, sources and guarantees of international law, university students, scholars and practitioners alike will benefit from the book’s treatment of what has been called the “Institutes” of public international law.

Download or read book Mediation als alternative Konfliktl sungsm glichkeit written by and published by . This book was released on 1992 with total page 394 pages. Available in PDF, EPUB and Kindle. Book excerpt:

Download or read book The Language of Law and Food written by Salvatore Mancuso and published by Routledge. This book was released on 2021-04-27 with total page 172 pages. Available in PDF, EPUB and Kindle. Book excerpt: This book reconsiders the use of food metaphors and the relationship between law and food in an interdisciplinary perspective to examine how food related topics can be used to describe or identify rules, norms, or prescriptions of all kinds. The links between law and food are as old as the concept of law. Many authors have been using such links in creative ways to express specific features of law. This is because the language of food and cooking offers legal thinkers and teachers mouth-watering metaphors, comparing rules to recipes, and their combination to culinary processes. This collection focuses on this relationship between law and food and takes us far beyond their mere interaction, to explore different ways of using these two apparently so diverse elements to describe different phenomena of the legal reality. The authors use the link between food and law to describe different aspects of the legal landscape in different areas and jurisdictions. Bringing together metaphors and indirect correlations between law and food, the book explores different models of approaching legal issues and considering different legal challenges from a completely new perspective, in line with the multidisciplinary approach that leads comparative legal studies today and, to a certain extent, revisiting and enriching it. With contributions in English and French, the book will be of interest to academics and researchers working in the areas of law and food, law and language, and comparative legal studies.

Download or read book Documents Working Papers Council of Europe Parliamentary Assembly written by Council of Europe. Parliamentary Assembly and published by . This book was released on 2002 with total page 716 pages. Available in PDF, EPUB and Kindle. Book excerpt:

Download or read book A Common Justice written by Uriel I. Simonsohn and published by University of Pennsylvania Press. This book was released on 2011-09-07 with total page 318 pages. Available in PDF, EPUB and Kindle. Book excerpt: In A Common Justice Uriel I. Simonsohn examines the legislative response of Christian and Jewish religious elites to the problem posed by the appeal of their coreligionists to judicial authorities outside their communities. Focusing on the late seventh to early eleventh centuries in the region between Iraq in the east and present-day Tunisia in the west, Simonsohn explores the multiplicity of judicial systems that coexisted under early Islam to reveal a complex array of social obligations that connected individuals across confessional boundaries. By examining the incentives for appeal to external judicial institutions on the one hand and the response of minority confessional elites on the other, the study fundamentally alters our conception of the social history of the Near East in the early Islamic period. Contrary to the prevalent scholarly notion of a rigid social setting strictly demarcated along confessional lines, Simonsohn's comparative study of Christian and Jewish legal behavior under early Muslim rule exposes a considerable degree of fluidity across communal boundaries. This seeming disregard for religious affiliations threatened to undermine the position of traditional religious elites; in response, they acted vigorously to reinforce communal boundaries, censuring recourse to external judicial institutions and even threatening transgressors with excommunication.

Download or read book Arabic Literature to the End of the Umayyad Period written by A. F. L. Beeston and published by Cambridge University Press. This book was released on 1983-11-03 with total page 567 pages. Available in PDF, EPUB and Kindle. Book excerpt: The History provides an invaluable source of reference of the intellectual, literary and religious heritage of the Arabic-speaking and Islamic world.

Download or read book Free and Fair Elections written by Guy S. Goodwin-Gill and published by Inter-Parliamentary Union. This book was released on 2006 with total page 230 pages. Available in PDF, EPUB and Kindle. Book excerpt:

Download or read book Collection of Essays by Legal Advisers of States Legal Advisers of International Organizations and Practitioners in the Field of International Law written by United Nations. Office of Legal Affairs and published by United Nations Publications. This book was released on 1999 with total page 544 pages. Available in PDF, EPUB and Kindle. Book excerpt: The world has changed radically since 1989, when the General Assembly declared the period from 1990 to 1999 as the United Nations Decade of International Law. During that time, the international community claimed some major achievements as reflected by the adoption of conventions and treaties. This publication presents a collection of essays from legal advisers of States and international organizations, all of whom are among those committed to promoting respect for international law. Their contribution provides a practical perspective on international law, viewed from the standpoint of those involved in its formation, application and administration.

Download or read book EAccess to Justice written by Karim Benyekhlef and published by . This book was released on 2016-10-14 with total page 412 pages. Available in PDF, EPUB and Kindle. Book excerpt: How can we leverage digitization to improve access to justice without compromising the fundamental principles of our legal system? eAccess to Justice describes the challenges that come with the integration of technology into our courtrooms, and explores lessons learned from digitization projects from around the world.

Download or read book General Principles for Business and Human Rights in International Law written by Ludovica Chiussi Curzi and published by BRILL. This book was released on 2020-10-26 with total page 404 pages. Available in PDF, EPUB and Kindle. Book excerpt: In General Principles for Business and Human Rights in International Law Ludovica Chiussi Curzi offers a critical analysis of the relevance of general principles of law in the multifaceted business and human rights field.

Download or read book Dispensing Justice in Islam written by Muḥammad K̲ālid Masud and published by BRILL. This book was released on 2006 with total page 609 pages. Available in PDF, EPUB and Kindle. Book excerpt: Dispensing Justice is designed to serve as a sourcebook of Islamic judicial practice and qadi judgments from the rise of Islam to modern times, drawing upon court records and qadi court records, in addition to literary sources. The volume fills a large gap in Islamic legal history. "Dispensing Justice" is designed to serve as a source book of Islamic judicial practice from the rise of Islam to modern times, drawing upon legal documents, qadi court records, archival marerials and literary souces. The volume fills a large ap in our understanding of Islamic legal history. (modified by Powers).

Download or read book The Origins and Evolution of Islamic Law written by Wael B. Hallaq and published by Cambridge University Press. This book was released on 2005 with total page 250 pages. Available in PDF, EPUB and Kindle. Book excerpt: The history of Islamic law from pre-Islamic times across three centuries.