Download or read book International Dispute Resolution and the Public Policy Exception written by Farshad Ghodoosi and published by Routledge. This book was released on 2016-06-10 with total page 165 pages. Available in PDF, EPUB and Kindle. Book excerpt: Despite the unprecedented growth of arbitration and other means of ADR in treaties and transnational contracts in recent years, there remains no clearly defined mechanism for control of the system. One of the oldest yet largely marginalized concepts in law is the public policy exception. This doctrine grants discretion to courts to set aside private legal arrangements, including arbitration, which might be considered harmful to the "public". The exceptional and vague nature of the doctrine, along with the strong push of actors in dispute resolution, has transformed it, in certain jurisdictions, to a toothless doctrine. At the international level, the notion of transnational public policy has been devised in order to capture norms that are "truly" transnational and amenable for application in cross-border litigations. Yet, despite the importance of this discussion—a safety valve and a control mechanism for today’s international and domestic international dispute resolution— no major study has ventured to review and analyze it. This book provides a historical, theoretical and practical background on public policy in dispute resolution with a focus on cross-border and transnational disputes. Farshad Ghodoosi argues that courts should adopt a more systemic approach to public policy while rejecting notions such as transnational public policy, which limits the application of those norms with mandatory nature. Contrary to the current trend, the book invites the reader to re-conceptualize the role of public policy, and transnational dispute resolution, in order to have more sustainable, fair and efficient mechanisms for resolving disputes outside of national courts. The book sheds light on one of the most important yet often-neglected control mechanisms of today’s international dispute resolution and will be of particular interest to students and academics in the fields of International Investment Law, International Trade Law, Business and Economics.
Download or read book Frame Reflection written by Donald A. Schon and published by Basic Books. This book was released on 1995-06-29 with total page 272 pages. Available in PDF, EPUB and Kindle. Book excerpt: Why are controversies about such issues as abortion, welfare, persistent poverty, and environmental destruction so intractable? As anyone who has ever engaged in or tried to settle an argument on highly charged issues knows, facts rarely persuade in such situations. This innovative approach to intractable policy controversies shows how "reframing" the issues can succeed where simply appealing to facts often fails. In Frame Reflection, two of his country's leading organizational theorists and policy analysts show how disputes that in abstract debate or negotiation seem insoluble can sometimes be resolved pragmatically by those who actually have to design and implement the specific programs. The authors illustrate their theory through a detailed examination of three specific programs: the evolution of early retirement programs in Germany; a statewide project for the homeless in Massachusetts; and the development of Project Athena, a large-scale experiment in the use of computers in undergraduate education at MIT. Policy stalemates are inevitable. Yet we know that people sometimes do change their minds, even in situations that at first appeared hopeless. How that happens is the subject of this pathbreaking book.
Download or read book Congressional Record written by United States. Congress and published by . This book was released on 1964 with total page 1356 pages. Available in PDF, EPUB and Kindle. Book excerpt: The Congressional Record is the official record of the proceedings and debates of the United States Congress. It is published daily when Congress is in session. The Congressional Record began publication in 1873. Debates for sessions prior to 1873 are recorded in The Debates and Proceedings in the Congress of the United States (1789-1824), the Register of Debates in Congress (1824-1837), and the Congressional Globe (1833-1873)
Download or read book Robert s Rules of Order Newly Revised 12th edition written by Henry M. Robert III and published by PublicAffairs. This book was released on 2020-08-25 with total page 848 pages. Available in PDF, EPUB and Kindle. Book excerpt: The only current authorized edition of the classic work on parliamentary procedure--now in a new updated edition Robert's Rules of Order is the recognized guide to smooth, orderly, and fairly conducted meetings. This 12th edition is the only current manual to have been maintained and updated since 1876 under the continuing program established by General Henry M. Robert himself. As indispensable now as the original edition was more than a century ago, Robert's Rules of Order Newly Revised is the acknowledged "gold standard" for meeting rules. New and enhanced features of this edition include: Section-based paragraph numbering to facilitate cross-references and e-book compatibility Expanded appendix of charts, tables, and lists Helpful summary explanations about postponing a motion, reconsidering a vote, making and enforcing points of order and appeals, and newly expanded procedures for filling blanks New provisions regarding debate on nominations, reopening nominations, and completing an election after its scheduled time Dozens more clarifications, additions, and refinements to improve the presentation of existing rules, incorporate new interpretations, and address common inquiries Coinciding with publication of the 12th edition, the authors of this manual have once again published an updated (3rd) edition of Robert's Rules of Order Newly Revised In Brief, a simple and concise introductory guide cross-referenced to it.
Download or read book New Frontiers in Asia Pacific International Arbitration and Dispute Resolution written by Shahla Ali and published by Kluwer Law International B.V.. This book was released on 2020-12-10 with total page 313 pages. Available in PDF, EPUB and Kindle. Book excerpt: International Arbitration Law Library Volume 59 The eastward shift in international dispute resolution has already involved initiatives not only to improve support for international commercial arbitration (ICA) and investor-state dispute settlement (ISDS) but also to develop alternatives such as international commercial courts and mediation. Focusing on these initiatives and their accompanying case law and trends in the Asia-Pacific region, this invaluable book challenges existing procedures and frameworks for cross-border dispute resolution in both commercial and treaty arbitration. Specially assembled for this project, an outstanding team of experienced and insightful arbitrators and scholars describes pertinent developments including: ICA and ISDS in the context of China’s Belt and Road Initiative; the Singapore Convention on Mediation; the shift to virtual hearings and other challenges from the COVID-19 pandemic; mistrust of the application of the rule of law in certain East Asian jurisdictions; growing public concern over ISDS arbitration; tensions between confidentiality and transparency; and potential regional harmonisation of the public policy exception to arbitral enforcement. The contributors chart evolving practices and high-profile cases to make informed observations about where changes are needed, as well as educated guesses about the chances of reforms being successful and the consequences if they are not. The main jurisdictions covered are China, Hong Kong, Japan, Malaysia, India, Australia and Singapore. The first in-depth study of recent trends in dispute resolution practice related to business in the Asia-Pacific region, the book’s practical analysis of new resources for dealing with the increasing competition among countries to become credible regional dispute resolution hubs will prove to be of great value to specialists in the international business law sector. Lawyers will be enabled to make informed decisions on which venue and dispute resolution methods are the most suitable for any specific dispute in the region, and policymakers will confidently assess emerging trends in international dispute resolution policy development and treaty-making.
Download or read book International Conflict Resolution After the Cold War written by National Research Council and published by National Academies Press. This book was released on 2000-11-07 with total page 640 pages. Available in PDF, EPUB and Kindle. Book excerpt: The end of the Cold War has changed the shape of organized violence in the world and the ways in which governments and others try to set its limits. Even the concept of international conflict is broadening to include ethnic conflicts and other kinds of violence within national borders that may affect international peace and security. What is not yet clear is whether or how these changes alter the way actors on the world scene should deal with conflict: Do the old methods still work? Are there new tools that could work better? How do old and new methods relate to each other? International Conflict Resolution After the Cold War critically examines evidence on the effectiveness of a dozen approaches to managing or resolving conflict in the world to develop insights for conflict resolution practitioners. It considers recent applications of familiar conflict management strategies, such as the use of threats of force, economic sanctions, and negotiation. It presents the first systematic assessments of the usefulness of some less familiar approaches to conflict resolution, including truth commissions, "engineered" electoral systems, autonomy arrangements, and regional organizations. It also opens up analysis of emerging issues, such as the dilemmas facing humanitarian organizations in complex emergencies. This book offers numerous practical insights and raises key questions for research on conflict resolution in a transforming world system.
Download or read book Policy Network Ties in the Dynamic Process of Environmental Conflict Resolution written by Seunghoo Lim and published by Springer Nature. This book was released on 2021-05-17 with total page 141 pages. Available in PDF, EPUB and Kindle. Book excerpt: Extensive previous research has investigated environmental conflict management issues in networked settings and the design of policy networks, but the emergence and evolution of self-organizing policy networks are still not fully understood. Especially misunderstood is the problem of how the multiple motivations or incentives of competing policy actors in conflictual situations affect their structures of interaction, as this issue has not been studied systematically. This book aims to address the following research questions: how do policy stakeholders cope strategically with collective action or environmental conflict resolution? How do they utilize or maintain formal and informal policy networks to resolve problems effectively? What motivates them to engage or be involved in collaborative or conflictual networks? What influences their networking or their decisions on partner selection for conflict resolution? This book consists of four studies. The goal of the first study is to examine the form of a policy network by focusing on how policy networks emerge and evolve at the micro-level to solve collective action dilemmas endemic to decentralized and democratized policy decision-making processes, particularly in the environmental conflict resolution arena. The goal of the second study is to examine the main policy actors and structural characteristics of network governance evolution in the dynamic process of environmental conflict resolution. The goal of the third study is to highlight the role of policy tie formality in the evolution of multiplex ties in the environmental conflict resolution process. The goal of the fourth study is to demonstrate the relationships between patterns of interactions among policy actors and their modified and adjusted strategic behaviours within policy networks and across advocacy coalitions.
Download or read book The Belmont Report written by United States. National Commission for the Protection of Human Subjects of Biomedical and Behavioral Research and published by . This book was released on 1978 with total page 614 pages. Available in PDF, EPUB and Kindle. Book excerpt:
Download or read book How Our Laws are Made written by John V. Sullivan and published by . This book was released on 2007 with total page 72 pages. Available in PDF, EPUB and Kindle. Book excerpt:
Download or read book Managing California s Water written by Ellen Hanak and published by Public Policy Instit. of CA. This book was released on 2011 with total page 500 pages. Available in PDF, EPUB and Kindle. Book excerpt:
Download or read book Ripe for Resolution written by I. William Zartman and published by Oxford University Press on Demand. This book was released on 1989 with total page 302 pages. Available in PDF, EPUB and Kindle. Book excerpt: What causes local conflict in Africa and the rest of the Third World? What role, if any, can the U.S. play in helping to resolve these conflicts, and when is the time ripe for a response by an external power? This study, written by an internationally renowned Africanist and undertaken as part of the Africa Project of the Council on Foreign Relations, examines the causes and nature of African conflict and addresses the issue of how foreign powers can contribute productively to the management and resolution of such conflicts without resorting to the use of military force. Completely revised to incorporate up-to-the-minute information, the book focuses on four case studies of local conflict and external response--in the Western Sahara, the Horn of Africa, the Shaba province in Zaire, and Namibia--to assess various approaches to conflict management, and offers guidelines for identifying the critical moment for effective external response. The updated paper edition shows how the recommendations offered for conflict resoultion in the first edition have come to fruition, perhaps most dramatically with the recent withdrawal of Cuban troops from Angola. Zartman also evaluates U.S. policy toward Third World conflict and spells out a policy toward Africa and the Third World in general that is based on preemptive treatment rather than military intervention.
Download or read book International Investment Political Risk and Dispute Resolution written by Noah Rubins and published by Oxford University Press, USA. This book was released on 2020 with total page 656 pages. Available in PDF, EPUB and Kindle. Book excerpt: A vital text for practitioners and academics this book integrates the international law of political risk with the domestic, political, and economic considerations central to assessing risk. It offers a detailed analysis of pre-investment decisions that can reduce political risk, treaties protecting investment, and international dispute resolution.
Download or read book Political Discourse and Conflict Resolution written by Katy Hayward and published by Routledge. This book was released on 2010-10-04 with total page 522 pages. Available in PDF, EPUB and Kindle. Book excerpt: This book offers new insights into the close relationship between political discourses and conflict resolution through critical analysis of the role of discursive change in a peace process. Just as a peace process has many dimensions and stakeholders, so the discourses considered here come from a wide range of sources and actors. The book contains in-depth analyses of official discourses used to present the peace process, the discourses of political party leaders engaging (or otherwise) with it, the discourses of community-level activists responding to it, and the discourses of the media and the academy commenting on it. These discourses reflect varying levels of support for the peace process – from obstruction to promotion – and the role of language in moving across this spectrum according to issue and occasion. Common to all these analyses is the conviction that the language used by political protagonists and cultural stakeholders has a profound effect on progression towards peace. Bringing together leading experts on Northern Ireland’s peace process from a range of academic disciplines, including political science, sociology, linguistics, history, geography, law, and peace studies, this book offers new insights into the discursive dynamics of violent political conflict and its resolution.
Download or read book Tennessee Session Laws written by Tennessee and published by . This book was released on 2023-07-18 with total page 0 pages. Available in PDF, EPUB and Kindle. Book excerpt:
Download or read book United States Attorneys Manual written by United States. Department of Justice and published by . This book was released on 1988 with total page pages. Available in PDF, EPUB and Kindle. Book excerpt:
Download or read book Recognition of Foreign Bank Resolution Actions written by Guo, Shuai and published by Edward Elgar Publishing. This book was released on 2022-02-15 with total page 352 pages. Available in PDF, EPUB and Kindle. Book excerpt: This timely book offers a comprehensive study of the mechanism that gives effect to foreign bank resolution actions. In particular, it focuses on how the legal framework for the recognition of foreign bank resolution actions should be structured and proposes detailed legal principles on which effective frameworks should be based.
Download or read book Joint Resolution to Establish a National Policy on Permanent Papers written by United States and published by . This book was released on 1990 with total page 104 pages. Available in PDF, EPUB and Kindle. Book excerpt:
