|
|
Books > Law > Laws of other jurisdictions & general law > Courts & procedure > Arbitration procedure
Negotiation, understood simply as "working things out by talking
things through," is often anything but simple for Native nations
engaged with federal, state, and local governments to solve complex
issues, promote economic and community development, and protect and
advance their legal and historical rights. Power Balance builds on
traditional Native values and peacemaking practices to equip tribes
today with additional tools for increasing their negotiating
leverage. As cofounder and executive director of the Indian Dispute
Resolution Service, author Steven J. Haberfeld has worked with
Native tribes for more than forty years to help resolve internal
differences and negotiate complex transactions with governmental,
political, and private-sector interests. Drawing on that
experience, he combines Native ideas and principles with the
strategies of "interest-based negotiation" to develop a framework
for overcoming the unique structural challenges of dealing with
multilevel government agencies. His book offers detailed
instructions for mastering six fundamental steps in the negotiating
process, ranging from initial planning and preparation to hammering
out a comprehensive, written win-win agreement. With real-life
examples throughout, Power Balance outlines measures tribes can
take to maximize their negotiating power-by leveraging their
special legal rights and historical status and by employing
political organizing strategies to level the playing field in
obtaining their rightful benefits. Haberfeld includes a case study
of the precedent-setting negotiation between the Timbisha Shoshone
Tribe and four federal agencies that resolved disputes over land,
water, and other natural resource in Death Valley National Park in
California. Bringing together firsthand experience, traditional
Native values, and the most up-to-date legal principles and
practices, this how-to book will be an invaluable resource for
tribal leaders and lawyers seeking to develop and refine their
negotiating skills and strategies.
International Arbitration: Issues, Perspectives and Practice is a
three-part compendium of contributions annotated to reflect Neil
Kaplan’s over 40-year career as a Judge of the Supreme Court of
Hong Kong. Neil is widely referred to as the ‘father of arbitration
in Hong Kong’ who has gone on to become one of the members of the
upper echelons of the ‘great and the good’ of international
arbitration.
On the occasion of his 75th birthday, Neil Kaplan’s unparalleled
influence in the field of international arbitration is celebrated
in this book which comprises contributions from over twenty-five
renowned international arbitration practitioners, all of whom
credit Kaplan as having impacted the development of arbitration in
their respective jurisdictions or professionally.
This book presents a selection of the latest arbitration cases,
materials, and commentaries from China. It aims to provide
information on the theory and practice of arbitration combined. It
is intended to provide readers with a useful resource to guide them
when they encounter actual China-related arbitration cases. This
book is a valuable resource for all practitioners concerned with
international and foreign-related arbitration matters in China,
global law firms, companies engaged in multinational business,
jurists, and academics.
This book analyses actual and potential normative (whether
legislative or contractual) conflicts and complex transnational
disputes related to state-controlled enterprises (SCEs) operations
and how they are interwoven with the problem of foreign direct
investment. Moreover, SCEs also fall within the remit of
international political economy, international economics and other
SCE-related fields that go beyond purely legal or regulatory
matters. In this connection, research on such economic and
political determinants of SCE's operations greatly informs and
supplements the state of knowledge on how to best regulate
cross-border aspects of SCE's and is also be covered in this book.
The book also aims to analyse the "SCE phenomenon" which includes a
wide panoply of entities that have various structures with
different degrees of control by states at the central or regional
level, and that critically discuss the above-mentioned overlapping
legal economic and political systems which can emerge under various
shades of shadows casted by governmental umbrellas (i.e., the
control can be exercised through ownership, right to appoint the
management, and special-voting-rights). The chapters in this book
are grouped, so as to address cross-border investment by and in
SCE, into four coherent major parts, namely --- (i) the regulatory
framework of state capitalism: laws, treaties, and contracts; (ii)
economic and institutional expansion of state capitalism; (iii) the
accountability of state capitalism: exploring the forms of
liabilities; and (iv) regional and country perspectives.
Contributions address the core theme from a broad range of SCE and
international economic regulations, including but not limited to
competition law, WTO law, investment law, and financial/monetary
law. They also cover the new emerging generation of Free Trade
Agreements (EU-Vietnam FTA, EU China investment treaty, Regional
Comprehensive Economic Partnership; and the coordination between
treaty systems). The book is a valuable addition and companion for
courses, such as international trade law, international law of
foreign investment, transnational law, international and economic
development, world politics, law of preferential trade agreements,
international economics, and economics of development.
The Executive Guide to Managing Disputes not only explains why
litigation is so costly, but also how to manage disputes sensibly
to avoid unnecessary litigation, reduce costs, and improve results.
The book shows how ADR (i.e., Alternative Dispute Resolution) can
short-cut disputes, and how to use often inexpensive dispute
management programs to contain costs and achieve favorable
outcomes.
Lauterpacht's influential study uses models drawn from private law
for the interpretation and development of international law.
Lauterpacht expounds upon this subject with a useful discussion of
international arbitration and international tribunals, and refers
to numerous cases. Sir Hersch Lauterpacht 1897-1960], one of the
greatest scholars of modern international law, was the Whewell
Professor of International Law at Cambridge and a judge of the
International Court of Justice. The Lauterpacht Centre for
International Law at Cambridge University is named in his honor.
"Dr. Lauterpacht has made a valuable and scholarly addition to the
literature on international law. There has been a good deal of
adverse criticism-some of it quite just-on the practice of
conducting the argument of a question of international law by pure
analogies to civil law. The learned author deprecates the rejection
of this mode of reasoning, and develops the thesis that in the
great majority of cases its employment has had a beneficial
influence on the development of international law. It seems to us
that Article 38 (3) of the Statute of the Permanent Court of
International Justice, by adopting 'general principles of law
recognized by civilized states' as ancillary sources of law for use
by the Court, made Dr. Lauterpacht's view not only correct but also
inevitable. A book of this kind was bound to come sooner or later,
and it is satisfactory that it has been written by one who is an
expert." --Percy H. Winfield, Cambridge Law Journal 3 (1927-1929)
322.
The next crisis might be here now, or it might be around the
corner. In The Prepared Leader: Emerge from Any Crisis More
Resilient Than Before, two history-making experts in crisis
leadership-James, dean of The Wharton School of the University of
Pennsylvania, and Wooten, president of Simmons
University-forcefully argue that the time to prepare is always. In
no other time in recent history have leaders in every industry and
on every continent grappled with so many changes that have
independently and simultaneously undermined their ability to lead.
The Prepared Leader encapsulates more than two decades of the
authors' research to convey how it has positioned them to navigate
through the distinct challenges of today and tomorrow. Their
insights have implications for every leader in every industry and
every worker at every level. In their fast-reading and actionable
book, James and Wooten provide tools and frameworks for addressing
and learning from crises, and they provide insight into what you
need to know to become a Prepared Leader, including: The five
phases of crisis management and the skills you need for each phase.
They examine how the National Basketball Association and its
commissioner, Adam Silver, responded to the COVID-19 pandemic.
Making the right decisions under pressure and how to avoid common
mistakes. They reveal how Burger King CEO Jose Cil began planning
for the aftermath of a crisis right in the middle of one. Building
a crisis leadership team and how to lead one that you've inherited.
They detail how Wonya Lucas, CEO and President of the Crown Media
Family Networks, aligned and mobilized an executive team during a
time of crisis. James and Wooten argue that-in addition to people,
profit, and the planet-prepared leadership should be the fourth "P"
in a company's bottom line. They bring decades of world-renowned
research on crisis leadership, diversity and inclusion, management
strategy, and positive leadership to the table to help leaders
better prepare themselves to lead through crises-and for whatever
lies around the corner.
|
|