Download or read book Obligation Entitlement and Dispute under the English Poor Laws written by Peter Jones and published by Cambridge Scholars Publishing. This book was released on 2015-11-25 with total page 365 pages. Available in PDF, EPUB and Kindle. Book excerpt: With its focus on poverty and welfare in England between the seventeenth and later nineteenth centuries, this book addresses a range of questions that are often thought of as essentially “modern”: How should the state support those in work but who do not earn enough to get by? How should communities deal with in-migrants and immigrants who might have made only the lightest contribution to the economic and social lives of those communities? What basket of welfare rights ought to be attached to the status of citizen? How might people prove, maintain and pass on a sense of “belonging” to a place? How should and could the poor navigate a welfare system which was essentially discretionary? What agency could the poor have and how did ordinary officials understand their respective duties to the poor and to taxpayers? And how far was the state successful in introducing, monitoring and maintaining a uniform welfare system which matched the intent and letter of the law? This volume takes these core questions as a starting point. Synthesising a rich body of sources ranging from pauper letters through to legal cases in the highest courts in the land, this book offers a re-evaluation of the Old and New Poor Laws. Challenging traditional chronological dichotomies, it evaluates and puts to use new sources, and questions a range of long-standing assumptions about the experience of being poor. In doing so, the compelling voices of the poor move to centre stage and provide a human dimension to debates about rights, obligations and duties under the Old and New Poor Laws.
Download or read book The Public Order Exception in International Trade Investment Human Rights and Commercial Disputes written by Zena Prodromou and published by Kluwer Law International B.V.. This book was released on 2020-08-12 with total page 313 pages. Available in PDF, EPUB and Kindle. Book excerpt: In the process of resolving disputes, it is not uncommon for parties to justify actions otherwise in breach of their obligations by invoking the need to protect some aspect of the elusive concept of public order. Until this thoroughly researched book, the criteria and factors against which international dispute bodies assess such claims have remained unclear. Now, by providing an in-depth comparative analysis of relevant jurisprudence under four distinct international dispute resolution systems – trade, investment, human rights and international commercial arbitration – the author of this invaluable book identifies common core benchmarks for the application of the public order exception. To achieve the broadest possible scope for her analysis, the author examines the public order exception’s function, role and application within the following international dispute resolution systems: relevant World Trade Organization (WTO) agreements as enforced by the organization’s Dispute Settlement Body and Appellate Body; international investment agreements as enforced by competent Arbitral Tribunals and Annulment Committees under the International Center for Settlement of Investment Disputes; provisions under the Inter-American Convention of Human Rights and the European Convention of Human Rights as enforced by the Inter-American Court of Human Rights and the European Court of Human Rights, respectively; and the New York Convention as enforced by national tribunals across the world. Controversies, tensions and pitfalls inherent in invoking the public order exception are elucidated, along with clear guidelines on how arguments may be crafted in order to enhance prospects of success. Throughout, tables and graphs systematize key aspects of the relevant jurisprudence under each of the dispute resolution systems analysed. As an immediate practical resource for lawyers on any side of a dispute who wish to invoke or strengthen a public order exception claim, the book’s systematic analysis will be welcomed by lawyers active in WTO disputes, international investment arbitration, human rights law or enforcement of foreign arbitral awards. Academics and policymakers will find a signal contribution to the ongoing debate on the existence, legal basis, content and functions of the transnational public order.
Download or read book Dispute Settlement in the UN Convention on the Law of the Sea written by Natalie Klein and published by Cambridge University Press. This book was released on 2005-01-06 with total page 457 pages. Available in PDF, EPUB and Kindle. Book excerpt: The United Nations Convention on the Law of the Sea is one of the most important constitutive instruments in international law. Not only does this treaty regulate the uses of the world's largest resource, but it also contains a mandatory dispute settlement system - an unusual phenomenon in international law. While some scholars have lauded this development as a significant achievement, others have been highly sceptical of its comprehensiveness and effectiveness. This book explores whether a compulsory dispute settlement mechanism is necessary for the regulation of the oceans under the Convention. The requisite role of dispute settlement in the Convention is determined through an assessment of its relationship to the substantive provisions. Klein firstly describes the dispute settlement procedure in the Convention. She then takes each of the issue areas subject to limitations or exceptions to compulsory procedures entailing binding decisions, and analyses the interrelationship between the substantive and procedural rules.
Download or read book The Private Public Law Divide in International Dispute Resolution written by Burkhard Hess and published by BRILL. This book was released on 2018-08-21 with total page 336 pages. Available in PDF, EPUB and Kindle. Book excerpt: This course addresses dispute resolution in international cases from the classical perspective of the private-public divide. The main focus relates to overlapping remedies available under private international and public international law. Nowadays, a multitude of courts and arbitral tribunals at different levels (domestic, international and transnational) is accessible to litigants in cross-border settings.
Download or read book Designing Systems and Processes for Managing Disputes written by Nancy H. Rogers and published by Aspen Publishing. This book was released on 2018-12-03 with total page 651 pages. Available in PDF, EPUB and Kindle. Book excerpt: Designing Systems and Processes for Managing Disputes features a hands-on, interdisciplinary approach with wide-ranging practical applications. Seven real-life case studies and numerous examples have students designing and implementing a process for resolving and preventing disputes where traditional processes have failed. This is a must-read for students and practitioners alike. New to the Second Edition: A chapter-long focus on facilitation skills for designers The addition of a seventh central case study related to processes following the Trayvon Martin shooting in Sanford, Florida A new appendix with an overview of mediation for students who have not taken a prior course in mediation An interesting new story by a Brazilian judge who used Designing Systems and Processes for Managing Disputes to create new processes to resolve multiple cases, some pending over 20 years, arising from lands taken to create a new national park A new question focusing on the issues related to designing court-connected mediation programs Updates throughout all chapters and the appendix Professors and students will benefit from: Focus on skills development for dispute systems designers A multidisciplinary approach Biographies of designers, providing students with a sense of how to get into dispute systems design work An appendix assisting students who have no background in dispute resolution, with brief overviews of negotiation, mediation, and arbitration Problems and exercises to help students apply their learning Examples of complex disputes Featured disputes including eBay, a child abuse claims tribunals, court-related mediation, intra-institutional disputes, and community and post-violence conflicts
Download or read book Under dispute written by Agnes Repplier and published by BEYOND BOOKS HUB. This book was released on 2023-09-12 with total page 133 pages. Available in PDF, EPUB and Kindle. Book excerpt: The literature of the dog is limitless. A single shelf would hold all that has been written about the cat. A library would hardly suffice for the prose and verse dedicated to the dog. From “Gêlert” to “Rab” and “Bob, Son of Battle,” he has dominated ballad and fiction. Few are the poets and few the men of letters who have not paid some measure of tribute to him. Goethe, indeed, and Alfred de Musset detested all dogs, and said so composedly. Their detestation was temperamental, and not the result of an unfortunate encounter, such as hardened the heart of Dr. Isaac Barrow, mathematician, and Master of Trinity College. Sidney Smith tells us with something akin to glee that this eminent scholar, when taking an early stroll in the grounds of a friend and host, was attacked by a huge and unwarrantably suspicious mastiff. Barrow, a fighter all his life (a man who would fight Algerine pirates was not to be easily daunted), hurled the dog to the ground, and fell on top of him. The mastiff could not get up, but neither could Barrow, who called loudly for assistance. It came, and the combatants were separated; but a distaste for morning strolls and an aversion for dogs lingered in the Master’s mind. There was one less enthusiast in the world....FROM THE BOOKS.
Download or read book Dispute Processes written by Michael Palmer and published by Cambridge University Press. This book was released on 2020-07-09 with total page 433 pages. Available in PDF, EPUB and Kindle. Book excerpt: This new edition considers a wide range of materials dealing with dispute processes and current debates on civil justice.
Download or read book Arbitration of International Business Disputes written by William W. Park and published by OUP Oxford. This book was released on 2012-09-20 with total page 1096 pages. Available in PDF, EPUB and Kindle. Book excerpt: Arbitration of International Business Disputes 2nd edition is a fully revised and updated anthology of essays by Rusty Park, a leading scholar in international arbitration and a sought-after arbitrator for both commercial and investment treaty cases. This collection focuses on controversial questions in arbitration of trade, financial, and investment disputes. The essays address some of the most interesting topics in cross-border business dispute resolution, many of which have endured over several decades and remain subject to radically different views. Examples include the proper role of judicial review, the allocation of jurisdictional tasks, evolution of arbitration's statutory and treaty framework, free trade and bilateral investment agreements, and the balance between fixed rules and arbitral discretion. The book is structured around three themes: arbitration's legal framework; the conduct of arbitral proceedings; and a comparison of arbitration in specific fields such as finance, intellectual property, and taxation. In each of these areas, analysis includes the tensions between fairness and efficiency, and the accurate application of substantive law as well as the implications of mandatory procedural norms. Augmented by more than a dozen new contributions and a revised introduction, this 2nd edition retains all of its earlier practical and scholarly relevance, and includes a Foreword by V. V. (Johnny) Veeder QC.
Download or read book Model Rules of Professional Conduct written by American Bar Association. House of Delegates and published by American Bar Association. This book was released on 2007 with total page 216 pages. Available in PDF, EPUB and Kindle. Book excerpt: The Model Rules of Professional Conduct provides an up-to-date resource for information on legal ethics. Federal, state and local courts in all jurisdictions look to the Rules for guidance in solving lawyer malpractice cases, disciplinary actions, disqualification issues, sanctions questions and much more. In this volume, black-letter Rules of Professional Conduct are followed by numbered Comments that explain each Rule's purpose and provide suggestions for its practical application. The Rules will help you identify proper conduct in a variety of given situations, review those instances where discretionary action is possible, and define the nature of the relationship between you and your clients, colleagues and the courts.
Download or read book A Handbook on the WTO Dispute Settlement System written by World Trade Organization and published by Cambridge University Press. This book was released on 2017-09-14 with total page 417 pages. Available in PDF, EPUB and Kindle. Book excerpt: This handbook offers a detailed explanation of the rules and procedures of the WTO dispute settlement system.
Download or read book Multi Tier Approaches to the Resolution of International Disputes written by Anselmo Reyes and published by Cambridge University Press. This book was released on 2021-12-16 with total page 545 pages. Available in PDF, EPUB and Kindle. Book excerpt: Provides a comprehensive global survey on multi-tier dispute resolution, examining its trends, its strengths and weaknesses, and the way forward.
Download or read book Flexibility in International Dispute Settlement written by Christian Tomuschat and published by . This book was released on 2020 with total page 291 pages. Available in PDF, EPUB and Kindle. Book excerpt: "In recent years, the tendency has been to settle international disputes by informal methods. Among those methods conciliation has seen a successful revival, after many years of decline, in the case of Timor Leste v. Australia while inter-State complaint proceedings under the UN-sponsored human rights treaties have unexpectedly reached their merits stage of conciliation. The present book takes stock of these developments by portraying, at the same time, the potential of the OSCE Court of Conciliation and Arbitration which still remains to be fully activated. Additionally, the contributions reach out to geographical areas in Africa and Asia. An analysis of the relevant procedural mechanisms completes the study to which 14 authors from nine different countries have contributed"--
Download or read book International Dispute Settlement in an Evolving Global Society written by Francisco Orrego Vicuña and published by Cambridge University Press. This book was released on 2004-11-25 with total page 188 pages. Available in PDF, EPUB and Kindle. Book excerpt: "Lauterpacht Research Centre for International Law, University of Cambridge."--T.p.
Download or read book Under Dispute Essays written by Agnes REPPLIER and published by . This book was released on 1924 with total page 0 pages. Available in PDF, EPUB and Kindle. Book excerpt:
Download or read book Discussions in Dispute Resolution written by Art Hinshaw and published by Oxford University Press. This book was released on 2021 with total page 443 pages. Available in PDF, EPUB and Kindle. Book excerpt: Negotiation -- Mediation -- Arbitration -- Dispute resolution public policy.
Download or read book Beyond Dispute written by Stafford Beer and published by John Wiley & Sons. This book was released on 1994-09-20 with total page 392 pages. Available in PDF, EPUB and Kindle. Book excerpt: Over the last forty years, Stafford Beer has published a steady stream of books and papers in which he has applied cybernetic science to organizational problems. In all of these he has explained underlying principles and developed new theories and recorded a great variety of practical applications. He has now invented and demonstrated Team Syntegrity. Syntegrity is a powerful invention in the organization of normative, directional, and strategic planning, and other creative decision processes. The underlying model is a regular icosahedron (20 sides). This has 30 edges, each of which represents a person. An internal network of interactions is created by a set of protocols. A group organized like this is an ultimate statement of participatory democracy, since each role is indistinguishable from any other. There is no hierarchy, no top, no bottom, no sideways. Beer illustrates how continued dynamic interaction between persons causes ideas and resolutions to hum around the sphere, which reverberates into a kind of group consciousness. Mathematical analysis of the structure shows how the process is determined by the even spread of synergy. The aim of the book is to provide managers and their advisors with a new planning method that captures the native genius of the organization in a non-political and non-hierarchical way. The book includes an enquiry into Beer?s concept of recursive consciousness, based on this model, that is relevant to both neurocybernetics and the social systems sciences.
Download or read book International Economic Dispute Settlement written by Manfred Elsig and published by Cambridge University Press. This book was released on 2021-07-22 with total page 520 pages. Available in PDF, EPUB and Kindle. Book excerpt: The post-Cold War era has seen an unprecedented move towards more legalization in international cooperation and a growth of third-party dispute settlement systems. WTO panels, the Appellate Body and investor-state dispute settlement cases have received increasing attention beyond the core trade and investment constituencies within governments. Scrutiny by business, civil society, academia, and trade and investment experts has been on the rise. This book asks whether we observe a transformation or a demise of existing institutions and mechanisms to adjudicate disputes over trade or investment. It makes a contribution to the question in which direction international economic dispute settlement is heading in times of change, uncertainty and increasing economic nationalism. In order to do so, it brings together chapters written by leading researchers and experts in law and political science to address the challenges of settling disputes in the global economy and to sketch possible scenarios ahead of us.
