Download or read book The Plurality and Synergies of Legal Traditions in International Arbitration written by Nayla Comair Obeid and published by Kluwer Law International B.V.. This book was released on 2024-02-20 with total page 560 pages. Available in PDF, EPUB and Kindle. Book excerpt: The cultural diversity characterizing international arbitration today is as much a source of enrichment as it is sometimes a source of practical difficulties affecting both the arbitration procedure and the application of substantive law. Consequently, it is becoming clearer that the critical project for international arbitration in the immediate future will be how to best answer the fundamental question of cultural pluralism. This book presents an informative and well-argued discussion on many aspects of international arbitration, clarifying the main procedural and substantive similarities and differences between different legal systems around the world, focusing not only on common and civil law traditions but also the role played by regional legal traditions including Islamic law and African perspectives. With contributions from fifty arbitrators, counsel, and academics representing every region of the world where international arbitration has secured a foothold, the volume consolidates and synthesizes a series of discussions sponsored by the Chartered Institute of Arbitrators that took place in Dubai, Johannesburg, and Paris in 2017. The essays identify and address the cultural distinctions that affect the key ever-present factors which have forged the character of modern international arbitration, such as the following: the seat of the arbitration and the legal regime to which the arbitration is attached; due process, which has different and specific meanings in different national legal systems; international standards such as international public policy, illegality, arbitrability, and sanctions; the immunity of international arbitrators; form of presentation of evidence, production of documents, oral and written submissions, and expert evidence; the specific context of international investment arbitration; disputes in specific industries or legal areas (telecommunications, construction, mining, intellectual property); the role of national judges and the legal traditions they embrace throughout and after arbitration proceedings; how to incorporate more conciliatory cultural traditions, which are notably shared in many African and Asian countries; and training and opportunities for the next generation in international arbitration. The book is replete with tools and recommendations to ensure synergy and harmony between the different legal traditions that coexist in today’s arbitral proceedings. All users of arbitration, whether the arbitrators themselves, lawyers involved as counsel for parties, or judges applying arbitration law, will greatly appreciate this matchless elucidation of the different systems and alternative ways of presenting the divergent procedures and ways of conducting international arbitrations. The book’s immeasurable value to arbitration academics goes without saying.
Download or read book The Peaceful Resolution of Territorial and Maritime Disputes written by Emilia Justyna Powell and published by Oxford University Press. This book was released on 2023 with total page 289 pages. Available in PDF, EPUB and Kindle. Book excerpt: This book is about the peaceful resolution (PR) of territorial and maritime disputes and states' strategic behavior vis-à-vis methods of peaceful resolution: bilateral negotiations, good offices, inquiry, conciliation, mediation, arbitration, and adjudication. The authors argue that the high stakes associated with settlement of territorial and maritime disputes, the diversity of PR methods employed, and unpredictability of outcomes push states to strategize. Strategic considerations undergird states' choice of the particular PR methods, and states' behavior during the resolution once a particular method such as adjudication or negotiations, has been initiated. Uncertainty about the outcome drives states to pursue "strategic selection." The process of strategic selection occurs at two interrelated stages: the initial pursuit of a particular method and venue--choice-of-venue strategic selection, and decision-making once a PR method/venue has been identified--within-venue strategic selection. The driving force behind strategizing in these two settlement stages is the hope of reducing uncertainty and of increasing the chances of winning. Importantly, as the disputants progress through the settlement process, states reconsider and refine these strategies. For each stage of strategic selection, Powell and Wiegand identify several mechanisms that influence states' strategies, including past experiences with PR methods (winning/losing), the relationship between domestic law and international law, framing legal claims, and shaping the resolution procedures. This book embraces a multi-method approach and combines statistical analyses and in-depth qualitative interviews with states' legal counsel, judges, arbitrators, government officials, and other experts from multiple countries. The book also highlights numerous real-world instances of territorial and maritime disputes including the Philippines v. China arbitration case in the South China dispute.
Download or read book Arbitrability written by Loukas A. Mistelis and published by Kluwer Law International B.V.. This book was released on 2009-01-01 with total page 410 pages. Available in PDF, EPUB and Kindle. Book excerpt: It often seems today that no dispute is barred from resolution by arbitration. Even the fundamental question of whether a dispute falls under the exclusive jurisdiction of a judicial body may itself be arbitrable. Arbitrability is thus an elusive concept; yet a systematic study of it, as this book shows, yields innumerable guidelines and insights that are of substantial value to arbitral practice. Although the book takes the form of a collection of essays, it is designed as a comprehensive commentary on practical issues that emerge from the idea of arbitrability. Fifteen leading academics and practitioners from Europe and the United States each explore different facets of arbitrability always with a perspective open to international developments and comparative evaluation of standards. The presentation falls into two parts: in the first the focus is on the general features of arbitrability, its rationale and the laws applicable to it. In the second, arbitrability is specifically examined in the context of administrative, criminal, corporate, IP, financial, commercial, and criminal law This book has its origins in an International Conference on Arbitrability held at Athens in September 2005. Seven papers presented there are here reviewed and updated, and nine others are added. The subject of the book and arbitrability and is one that is much talked about, but seldom if ever given the in-depth treatment presented here. Arbitrators and other practitioners in the field will welcome the way the analysis moves logically from theory to practice regarding every issue, and academics will recognize a definitive treatment of arbitrability as understood and applied in the settlement of disputes today.
Download or read book Regime Interaction in International Law written by Margaret A. Young and published by Cambridge University Press. This book was released on 2012-01-12 with total page pages. Available in PDF, EPUB and Kindle. Book excerpt: This major extension of existing scholarship on the fragmentation of international law utilises the concept of 'regimes' from international law and international relations literature to define functional areas such as human rights or trade law. Responding to existing approaches, which focus on the resolution of conflicting norms between regimes, it contains a variety of critical, sociological and doctrinal perspectives on regime interaction. Leading international law scholars and practitioners reflect on how, in situations of diversity and concurrent activity, such interaction shapes and controls knowledge and norms in often hegemonic ways. The contributors draw on topical examples of interacting regimes, including climate, trade and investment regimes, to argue for new methods of regime interaction. Together, the essays combine approaches from international, transnational and comparative constitutional law to provide important insights into an issue that continues to challenge international legal theory and practice.
Download or read book The Oxford Handbook of Global Legal Pluralism written by Paul Schiff Berman and published by Oxford University Press, USA. This book was released on 2020-09-24 with total page 1133 pages. Available in PDF, EPUB and Kindle. Book excerpt: "Abstract Global legal pluralism has become one of the leading analytical frameworks for understanding and conceptualizing law in the twenty-first century"--
Download or read book The Internationalization of Law and Legal Education written by Jan Klabbers and published by Springer Science & Business Media. This book was released on 2009-01-29 with total page 229 pages. Available in PDF, EPUB and Kindle. Book excerpt: The internationalization of commerce and contemporary life has led to a globalization of legal standards and practices. The essays in this text explore this new reality and suggest ways in which the new legal order can be made more just and effective.
Download or read book International Law as a Profession written by Jean d'Aspremont and published by Cambridge University Press. This book was released on 2017-04-06 with total page 471 pages. Available in PDF, EPUB and Kindle. Book excerpt: International law is not merely a set of rules or processes, but is a professional activity practised by a diversity of figures, including scholars, judges, counsel, teachers, legal advisers and activists. Individuals may, in different contexts, play more than one of these roles, and the interactions between them are illuminating of the nature of international law itself. This collection of innovative, multidisciplinary and self-reflective essays reveals a bilateral process whereby, on the one hand, the professionalisation of international law informs discourses about the law, and, on the other hand, discourses about the law inform the professionalisation of the discipline. Intended to promote a dialogue between practice and scholarship, this book is a must-read for all those engaged in the profession of international law.
Download or read book Contract Interpretation in Investment Treaty Arbitration written by Yuliya Chernykh and published by International Litigation in Press. This book was released on 2022 with total page 632 pages. Available in PDF, EPUB and Kindle. Book excerpt: "As the book clearly explains, there are situations in which questions of contract law need to be examined by investment tribunals - mainly as preliminary or incidental questions, to determine issues such as contract liability or breach of contract, that in turn are assumed as a basis for the issues of investment law in dispute"--
Download or read book Though All Things Differ written by Eva Wollenberg and published by CIFOR. This book was released on 2005-01-01 with total page 112 pages. Available in PDF, EPUB and Kindle. Book excerpt: Pluralism is a political belief that acknowledges individuals’ rights to pursue their interests, but requires society to resolve differences where they infringe upon each other. This guide shows how pluralism helps people to value social differences and provides clear principles and rules about how to coordinate those differences. The guide reviews pluralism’s origins, key elements and strengths and weaknesses. It examines how people think about differences, including the psychological obstacles that cause us to exclude or ignore others. Practices are examined with examples drawn from forest-related contexts: legal pluralism, multistakeholder processes and diversity in work teams. Questions are provided to help the reader assess and practice pluralism in their own settings. The guide concludes that understanding the political assumptions and principles of pluralism can enrich our understanding of current practices to develop fundamentally new approaches to forest decision-making.
Download or read book The Oxford Handbook of International Refugee Law written by Cathryn Costello and published by Oxford University Press. This book was released on 2021 with total page 1337 pages. Available in PDF, EPUB and Kindle. Book excerpt: This Handbook draws together leading and emerging scholars to provide a comprehensive critical analysis of international refugee law. This book provides an account as well as a critique of the status quo, setting the agenda for future research in the field.
Download or read book Working with Customary Justice Systems written by Erica Harper and published by . This book was released on 2011 with total page 203 pages. Available in PDF, EPUB and Kindle. Book excerpt: "Working with Customary Justice Systems: Post-conflict and Fragile States is a collection of articles from the 'Legal Empowerment and Customary Law Research Grants' program, where seven bursaries were awarded to scholar-practitioners to develop and conduct empirically grounded and evidence-based research programs to evaluate the impact of an empowerment-based initiative involving customary justice. The case studies illustrate that what is effective is situation-specific and contingent upon a variety of factors including, among others, social norms, the presence and strength of a rule of law culture, socioeconomic realities and national and geo-politics"--Provided by publisher.
Download or read book UNCITRAL Model Law on International Commercial Arbitration written by Ilias Bantekas and published by Cambridge University Press. This book was released on 2020-02-29 with total page 650 pages. Available in PDF, EPUB and Kindle. Book excerpt: This book provides a comprehensive commentary on the UNCITRAL Model Law on International Arbitration. Combining both theory and practice, it is written by leading academics and practitioners from Europe, Asia and the Americas to ensure the book has a balanced international coverage. The book not only provides an article-by-article critical analysis, but also incorporates information on the reality of legal practice in UNCITRAL jurisdictions, ensuring it is more than a recitation of case law and variations in legal text. This is not a handbook for practitioners needing a supportive citation, but rather a guide for practitioners, legislators and academics to the reasons the Model Law was structured as it was, and the reasons variations have been adopted.
Download or read book Definition and Development of Human Rights and Popular Sovereignty in Europe written by European Commission for Democracy through Law and published by Council of Europe. This book was released on 2011-01-01 with total page 236 pages. Available in PDF, EPUB and Kindle. Book excerpt: What role do the people play in defining and developing human rights? This volume explores the very topical issue of the lack of democratic legitimisation of national and international courts and the question of whether rendering the original process of defining human rights more democratic at the national and international level would improve the degree of protection they afford. The authors venture to raise the crucial question: When can a democratic society be considered to be mature enough so as to be trusted to provide its own definition of human rights obligations?
Download or read book Women and Social Change in North Africa written by Doris H. Gray and published by Cambridge University Press. This book was released on 2018-01-11 with total page 417 pages. Available in PDF, EPUB and Kindle. Book excerpt: A wide-ranging analysis of grass-roots activism, migration, legal, political and religious changes as basis for social transformation.
Download or read book Arbitration in Africa written by Lise Bosman and published by Kluwer Law International B.V.. This book was released on 2021-09-02 with total page 693 pages. Available in PDF, EPUB and Kindle. Book excerpt: The Second Edition of this unprecedented volume assembles an updated and expanded country-by-country analysis – both practical and insightful – of how arbitration is conducted in forty-nine African countries, providing essential information about legislative provisions, treaty adherence, and arbitral procedure. Contributors include sought-after African arbitrators, distinguished practitioners, academics and institution-builders, all of whom are active in promoting the use of arbitration as a viable means of dispute resolution in Africa. Five sections representing the main regions of the continent, each with a substantive introductory chapter covering the major trends within that region, offer country overviews addressing issues such as the following: adherence to the key arbitration conventions; modernity of a State’s arbitration legislation and its compatibility with the UNCITRAL Model Law; particular features of arbitral practice in that jurisdiction (including responses to the COVID-19 pandemic); access to and (where available) statistics from local and regional arbitral institutions; significant arbitration-related national case law; and enforcement of foreign arbitral awards. A sixth section focuses on treaty-based investor-State arbitration against African States under the ICSID Convention, providing an empirical analysis of the experience and record of African States with investor-State arbitration in the period between 2010 and 2020. Useful tables and graphics of intra-African bilateral investment treaties, a list of ICSID proceedings involving African States, a list of treaty accession by African States, and other tabular features round out the volume. The first edition of this volume was welcomed by arbitration practitioners and legal academics everywhere as an essential guide to an emerging and important area of international arbitration practice. This second edition tracks the significant developments (in treaty accession, reform of arbitration legislation and developing case law) that have taken place over the past decade, and confirms that arbitration as a preferred method of dispute resolution is now firmly entrenched on the African continent.
Download or read book The Oxford Handbook of International Law in Asia and the Pacific written by Simon Chesterman and published by Oxford Handbooks. This book was released on 2019-04-28 with total page 904 pages. Available in PDF, EPUB and Kindle. Book excerpt: The growing economic and political significance of Asia has exposed a tension in the modern international order. Despite expanding power and influence, Asian states have played a minimal role in creating the norms and institutions of international law; today they are the least likely to be parties to international agreements or to be represented in international organizations. That is changing. There is widespread scholarly and practitioner interest in international law at present in the Asia-Pacific region, as well as developments in the practice of states. The change has been driven by threats as well as opportunities. Transnational issues such as climate change and occasional flashpoints like the the territorial disputes of the South China and the East China Seas pose challenges while economic integration and the proliferation of specialized branches of law and dispute settlement mechanisms have also encouraged greater domestic implementation of international norms across Asia. These evolutions join the long-standing interest in parts of Asia (notably South Asia) in post-colonial theory and the history of international law. The Oxford Handbook of International Law in Asia and the Pacific brings together pre-eminent and emerging specialists to analyse the approach to and influence of key states of the region, as well as whether truly 'Asian' trends can be identified and what this might mean for international order.
Download or read book The Oxford Handbook of Political Science written by Robert E. Goodin and published by OUP Oxford. This book was released on 2011-07-07 with total page 1558 pages. Available in PDF, EPUB and Kindle. Book excerpt: Drawing on the rich resources of the ten-volume series of The Oxford Handbooks of Political Science, this one-volume distillation provides a comprehensive overview of all the main branches of contemporary political science: political theory; political institutions; political behavior; comparative politics; international relations; political economy; law and politics; public policy; contextual political analysis; and political methodology. Sixty-seven of the top political scientists worldwide survey recent developments in those fields and provide penetrating introductions to exciting new fields of study. Following in the footsteps of the New Handbook of Political Science edited by Robert Goodin and Hans-Dieter Klingemann a decade before, this Oxford Handbook will become an indispensable guide to the scope and methods of political science as a whole. It will serve as the reference book of record for political scientists and for those following their work for years to come.
