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 INTERNATIONAL BUSINESS LAW JOURNAL written by and published by . This book was released on 2021 with total page pages. Available in PDF, EPUB and Kindle. Book excerpt:

Download or read book Primitive Government written by Lucy Mair and published by . This book was released on 1973 with total page 288 pages. Available in PDF, EPUB and Kindle. Book excerpt:

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 Weak Courts Strong Rights written by Mark Tushnet and published by Princeton University Press. This book was released on 2009-07-20 with total page 288 pages. Available in PDF, EPUB and Kindle. Book excerpt: Unlike many other countries, the United States has few constitutional guarantees of social welfare rights such as income, housing, or healthcare. In part this is because many Americans believe that the courts cannot possibly enforce such guarantees. However, recent innovations in constitutional design in other countries suggest that such rights can be judicially enforced--not by increasing the power of the courts but by decreasing it. In Weak Courts, Strong Rights, Mark Tushnet uses a comparative legal perspective to show how creating weaker forms of judicial review may actually allow for stronger social welfare rights under American constitutional law. Under "strong-form" judicial review, as in the United States, judicial interpretations of the constitution are binding on other branches of government. In contrast, "weak-form" review allows the legislature and executive to reject constitutional rulings by the judiciary--as long as they do so publicly. Tushnet describes how weak-form review works in Great Britain and Canada and discusses the extent to which legislatures can be expected to enforce constitutional norms on their own. With that background, he turns to social welfare rights, explaining the connection between the "state action" or "horizontal effect" doctrine and the enforcement of social welfare rights. Tushnet then draws together the analysis of weak-form review and that of social welfare rights, explaining how weak-form review could be used to enforce those rights. He demonstrates that there is a clear judicial path--not an insurmountable judicial hurdle--to better enforcement of constitutional social welfare rights.

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 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 The Deepest South written by Gerald Horne and published by NYU Press. This book was released on 2007-03-01 with total page 348 pages. Available in PDF, EPUB and Kindle. Book excerpt: During its heyday in the nineteenth century, the African slave trade was fueled by the close relationship of the United States and Brazil. The Deepest South tells the disturbing story of how U.S. nationals - before and after Emancipation -- continued to actively participate in this odious commerce by creating diplomatic, social, and political ties with Brazil, which today has the largest population of African origin outside of Africa itself. Proslavery Americans began to accelerate their presence in Brazil in the 1830s, creating alliances there—sometimes friendly, often contentious—with Portuguese, Spanish, British, and other foreign slave traders to buy, sell, and transport African slaves, particularly from the eastern shores of that beleaguered continent. Spokesmen of the Slave South drew up ambitious plans to seize the Amazon and develop this region by deporting the enslaved African-Americans there to toil. When the South seceded from the Union, it received significant support from Brazil, which correctly assumed that a Confederate defeat would be a mortal blow to slavery south of the border. After the Civil War, many Confederates, with slaves in tow, sought refuge as well as the survival of their peculiar institution in Brazil. Based on extensive research from archives on five continents, Gerald Horne breaks startling new ground in the history of slavery, uncovering its global dimensions and the degrees to which its defenders went to maintain it.

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 The New Constitutional Order written by Mark Tushnet and published by Princeton University Press. This book was released on 2009-02-09 with total page 277 pages. Available in PDF, EPUB and Kindle. Book excerpt: In his 1996 State of the Union Address, President Bill Clinton announced that the "age of big government is over." Some Republicans accused him of cynically appropriating their themes, while many Democrats thought he was betraying the principles of the New Deal and the Great Society. Mark Tushnet argues that Clinton was stating an observed fact: the emergence of a new constitutional order in which the aspiration to achieve justice directly through law has been substantially chastened. Tushnet argues that the constitutional arrangements that prevailed in the United States from the 1930s to the 1990s have ended. We are now in a new constitutional order--one characterized by divided government, ideologically organized parties, and subdued constitutional ambition. Contrary to arguments that describe a threatened return to a pre-New Deal constitutional order, however, this book presents evidence that our current regime's animating principle is not the old belief that government cannot solve any problems but rather that government cannot solve any more problems. Tushnet examines the institutional arrangements that support the new constitutional order as well as Supreme Court decisions that reflect it. He also considers recent developments in constitutional scholarship, focusing on the idea of minimalism as appropriate to a regime with chastened ambitions. Tushnet discusses what we know so far about the impact of globalization on domestic constitutional law, particularly in the areas of international human rights and federalism. He concludes with predictions about the type of regulation we can expect from the new order. This is a major new analysis of the constitutional arrangements in the United States. Though it will not be received without controversy, it offers real explanatory and predictive power and provides important insights to both legal theorists and political scientists.

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 Constitution of Deliberative Democracy written by Carlos Santiago Nino and published by Yale University Press. This book was released on 1996-01-01 with total page 268 pages. Available in PDF, EPUB and Kindle. Book excerpt: In this important and wide-ranging book, a leading political theorist and activist considers the question: What justifies democracy? Carlos Santiago Nino critically examines answers others have given and then develops his own distinctive theory of democracy, emphasizing its deliberative character. In Nino's view, democracy resembles a moral conversation and is valued because of its capacity to generate an impartial perspective, one that takes into account the interests of all citizens. Nino's conception of deliberative democracy bears on the way power is organized under a constitution. Drawing on a variety of constitutional traditions, he criticizes the presidential system and calls for citizens to participate more directly in the political life of their country. He also envisions a revitalized role for political parties. Nino shows how deliberative democracy can be combined with, and supported by, other constitutional practices, such as the specific wording of the text and the protection of individual rights. The complex constitution that emerges from his analysis consists of a historical constitution, an ideal constitution of rights, and an ideal constitution of power. Nino's goal is to explain how these three dimensions of constitutionalism can reinforce rather than conflict with each other. In a final chapter, he argues that the deliberative conception of democracy requires a more limited role for judicial review than is usually contemplated.

Download or read book A Short History of Africa written by and published by . This book was released on 1990 with total page 0 pages. Available in PDF, EPUB and Kindle. Book excerpt: Includes text, vocabulary lists, and comprehension questions designed to acquaint students with the history of Africa.

Download or read book Imperial Migrations written by E. Morier-Genoud and published by Springer. This book was released on 2012-12-15 with total page 358 pages. Available in PDF, EPUB and Kindle. Book excerpt: This volume investigates what role colonial communities and diaspora have had in shaping the Portuguese empire and its heritage, exploring topics such as Portuguese migration to Africa, the Ismaili and the Swiss presence in Mozambique, the Goanese in East Africa, the Chinese in Brazil, and the history of the African presence in Portugal.

Download or read book International Humanitarian Law and Human Rights Law written by Roberta Arnold and published by BRILL. This book was released on 2008-07-31 with total page 608 pages. Available in PDF, EPUB and Kindle. Book excerpt: The book addresses the current issue of the applicability and application of international human rights law and international humanitarian law in times of armed conflict. Scholars chronologically argued that only international humanitarian law was applicable, that both legal regimes were applicable, and eventually that international humanitarian law was the lex specialis of human rights law. The most recent trend is to state that international humanitarian law and human rights law are merging into a single set of rules, a proposition that is the focus of the investigations carried out in this book. The book examines general issues relating to applicability and the implementation of the two legal regimes as well as provides case studies focusing on specific rights or persons. [The cover of this publication displays a patchwork symbolizing the merger between international humanitarian law and human rights. Neither the publisher nor the editors intended the design to reproduce the protected Red Cross emblem. Any resemblance to the Red Cross emblem is purely coincidental]

Download or read book The Legal Foundations of Inequality written by Roberto Gargarella and published by Cambridge University Press. This book was released on 2010-04-12 with total page 287 pages. Available in PDF, EPUB and Kindle. Book excerpt: The long revolutionary movements that gave birth to constitutional democracies in the Americas were founded on egalitarian constitutional ideals. They claimed that all men were created equal with similar capacities and also that the community should become self-governing. Following the first constitutional debates that took place in the region, these promising egalitarian claims, which gave legitimacy to the revolutions, soon fell out of favor. Advocates of a conservative order challenged both ideals and favored constitutions that established religion and created an exclusionary political structure. Liberals proposed constitutions that protected individual autonomy and rights but established severe restrictions on the principle of majority rule. Radicals favored an openly majoritarian constitutional organization that, according to many, directly threatened the protection of individual rights. This book examines the influence of these opposite views during the 'founding period' of constitutionalism in countries including the United States, Argentina, Colombia, Chile, Ecuador, Mexico, Peru, and Venezuela.