This book charts the historical and current interaction between lawyers and mediation in both the common law and civil law world and analyses a number of issues relevant to lawyers' part in the process. Lawyers have in the past and continue to play many roles in the context of mediation. While some are champions for the process, many remain on the fringes and apathetic, while others are openly sceptical or even anti-mediation in their stance. Yet others may have embraced mediation but, it is argued, for cynical, disingenuous reasons. By reviewing existing empirical evidence on lawyers' interactions with mediation and by examining historical and current trends in lawyers' dalliance with mediation, this book seeks to shed new light on a number of related issues, including: lawyers' resistance to mediation; lawyers' motives for involvement with mediation; the appropriateness of lawyers acting as mediators and party representatives; and the impact that both lawyers and the increasing institutionalisation of mediation have had on the normative form of the process, as well as the impact that mediation experience heralds for lawyers and legal systems in general.

This book examines the concept and purpose of joint development agreements of offshore hydrocarbon deposits from the perspective of public international law and the law of the sea, taking into consideration and extensively reviewing State practice concerning seabed activities in disputed maritime areas and when hydrocarbon deposits extend across maritime boundaries. It distinguishes between agreements signed before and after the delimitation of maritime boundaries and analyzes the relevance of natural resources or unitization clauses included in maritime delimitation agreements. It also takes into consideration the relation between these resources and maritime delimitation and analyzes all the relevant international jurisprudence. Another innovative aspect of this book is that it examines the possibility of joint development of resources that lay between the continental shelf and the Area, considering both theoretical and practical problems. As such, the book is a useful tool for scholars and experts on public international law and the law of the sea, but also for national authorities and practitioners of international disputes resolution, as well as public and private entities working in the oil and gas industry.

This is the authoritative textbook on family mediation. As well as mediators, this work will be indispensable for practitioners and scholars across a wide range of fields, including social work and law. It draws on a wide cross-disciplinary theoretical literature and on the author's extensive and continuing practice experience. It encompasses developments in policy, research and practice in the UK and beyond. Roberts presents mediation as an aid to joint decision-making in the context of a range of family disputes, notably those involving children. Mediation is seen as a process of intervention distinct from legal, social work and therapeutic practice, drawing on a distinctive body of knowledge across disciplinary fields including anthropology, psychology and negotiation theory. Incorporating empirical evidence, the book emphasises the value of mediation in mitigating the harmful effects of family breakdown and conflict. First published in 1988 as a pioneering work, this fourth edition has been fully updated to incorporate legal and policy developments in the UK and in Europe, new sociological and philosophical perspectives on respect, justice and conflict, and international research and practice innovations.

The Dispute Settlement Reports of the World Trade Organization (WTO) include Panel and Appellate Body reports, as well as arbitration awards, in disputes concerning the rights and obligations of WTO Members under the provisions of the Marrakesh Agreement Establishing the World Trade Organization. These are the only authorized paginated reports in English. As such, they are an essential addition to the library of every practising and academic trade lawyer, and will be widely consulted by students taking courses in international economic or trade law. The WTO authorized printed DSR volumes commenced publication with DSR, 1996: I. Publication of the Cambridge printed edition follows the WTO website publication of all new reports, which will continue in the three working languages of English, French and Spanish. Once a report has been released on the WTO website it will be published in the next Cambridge printed volume

FIFA has accepted the jurisdiction of the CAS as from 11 November 2002. This date does not mark the beginning of the arbitration of the CAS in football matters, however it has to be stated, that from this date on football disputes in front of the CAS increased enormously. This book is dedicated to the most important decisions of the CAS in football disputes. These awards are analyzed by experts, practicing all over the world. Most of the authors have been directly involved in the proceedings before the CAS. The commentaries cover a broad spectrum of disputes, inter alia, disputes concerning the contractual stability, protection of young football players, doping, football hooliganism, match fixing, players release, multiple club ownership, player agents and the stays of execution. This book provides a wide range of valuable information and is a useful tool for those whose main concern is professional football, such as sports lawyers, sports managers and sports agents, but also academics and researchers. The book appears in the ASSER International Sports Law Series, under the editorship of Dr. Robert Siekmann, Dr. Janwillem Soek and Marco van der Harst LL.M.

Pakistan has recently reformed its arbitration laws and laws on the recognition and enforcement of foreign arbitration agreements and awards. These reforms relate to both international commercial and investment arbitration. This book highlights the changes brought about by the recent enactments and explains the relationships between the old and new legislation. It provides a detailed and up-to-date analysis of Pakistani case law on foreign arbitration agreements and awards. Part I describes the background of arbitration laws in Pakistan. Part II explains the applicable substantive and procedural rules for the recognition and enforcement of foreign arbitration agreements and awards and other important issues, such as the severability of arbitration clauses from main agreements, questions of public policy, and interim measures supporting foreign arbitration. Part III analyses the recent enactments that implement the New York and the ICSID Conventions in Pakistan.

The World Court Digest continues the Fontes Iuris Gentium, a series that presents the decisions of the Permanent Court of International Justice, up to 1990. The new volume covers the period from 1996 to 2000. All important pronouncements of the Court in its judgments and advisory opinions, are systematically arranged under specific topics taken from substantive and procedural international law. The World Court Digest provides reliable access to the decisions of the most significant international judicial organ on questions as important as the aerial incident at Lockerbie, the crimes of genocide in Bosnia and Herzegovina, as well as the use of nuclear weapons and the use of force in the Yugoslavian context.

The book provides a comprehensive analysis of the advisory role of the International Court of Justice in light of its jurisprudence and overall contribution over a period of more than 55 years. The author highlights the "organic connection" between UN organs and the Court and the Court 's contribution as one of the UN 's principal organs to the Organisation. The basic argument of this study is that the advisory function should be understood as a two-sided process involving the interplay between UN organs and the ICJ. The request for and the giving of an advisory opinion is a collective coordinated process, involving more than one organ or part of the Organisation.

Everyone condemns what they perceive as 'abuse of rights', and some would elevate it to a general principle of law. But the notion seldom suffices to be applied as a rule of decision. When adjudicators purport to do so they expose themselves to charges of unpredictability, if not arbitrariness. After examining the dissimilar origins and justification of the notion in national and international doctrine, and the difficulty of its application in both comparative and international law, this book concludes that except when given context as part of a lex specialis, it is too nebulous to serve as a general principle of international law.

Das Praxishandbuch zum Mediationsgesetz orientiert sich am neuen Mediationsgesetz, das erstmals einen rechtlichen Rahmen fur alle Mediatoren unterschiedlichster Ursprungsberufe vorgibt. So werden mit dem neuen Gesetz verbindliche Regeln zur Struktur des Verfahrens, zu seinem Ablauf und zur Rolle des Mediators geschaffen. Ferner normiert das Gesetz klare Regeln zu Verschwiegenheitspflichten und -rechten der Mediatoren aus unterschiedlichen Berufsgruppen. Das Mediationsgesetz gibt nun auch Standards fur die Aus- und Fortbildung des Mediators vor, so dass das Berufsbild des Mediators gescharft und damit die Qualitat gesichert wird. Im Zuge der Neuregelungen wurde die Gerichtsmediation durch die Einfuhrung eines neuen "Guterichterverfahrens" ersetzt und folgerichtig AEnderungen in der ZPO und anderen Verfahrensvorschriften vorgenommen. Das Praxishandbuch greift diese Regelungen klarend auf, geht aber noch vertiefend auf praxisrelevante Themen ein (wie Haftung des Mediators, Abgrenzung der Mediation zu anderen Verfahren, Verschwiegenheitspflichten der Ursprungsberufe) und liefert an geeigneter Stelle praxistaugliche Formulare und Muster (wie Mediationsvereinbarung, Abschlussvereinbarung, Verschwiegenheitsklauseln, Klageantrag). Die Autoren Franziska Geier (M.A. phil., Ass. jur.), Mediatorin/Lehrtrainerin BMWA; Ulrike Hinrichs, (M.B.A.), Rechtsanwaltin und Mediatorin (BMWA/BM); Lutz Ropeter (LL.M.), Rechtsanwalt und Mediator; Martina Stoldt (LL.M.), Rechtsanwaltin und Wirtschaftsmediatorin; Dr. Felix Wittern, Rechtsanwalt (Fachanwalt fur IT-Recht) und Mediator; Sebastian Zukunft, Rechtsanwalt und Mediator (BM).

Investment arbitration is at the cutting edge of international law and dispute resolution, and is predicted to be a major factor in the development of the global economic system in years to come. This one-volume monograph contains contributions from leading experts on a wide range of topics of both theoretical importance and practical implication that will affect the future of investment arbitration. The highly innovative chapters combine to form a constructive and valuable discussion for all in the arbitration field. The contributors, chosen to represent the full spectrum of perspectives, are leading arbitration experts from all over the world, including ICSID insiders, US government officials, UNCTAD research personnel, seasoned investment arbitrators and counsel, and renowned legal scholars.
The book is divided into three themes, with the first centering on the adequacy of UNCITRAL and ICSID arbitration rules, with particular attention to recent and proposed changes. The second theme focuses on the future of bilateral investment treaties, discussing trends in the interpretation of treaty provisions and the debate concerning the efficacy of the treaties in benefiting developing countries. The third theme revolves around the public function of investment arbitration decisions, including the use of arbitration to resolve disputes between sovereigns and the arbitrators' role as a guardian of international public policy.
The Future of Investment Arbitration is unique in its outstanding range of topics and the expertise of the contributors. It previews and guides future directions in the field, as well as discussing the larger policy implications of specific rules. It includes cutting-edge analysis of empirical research regarding BITS that is essential to evaluating many assumptions about investment law and arbitration. Finally, the book takes a broad perspective, examining the rules discussed within the larger structural context of investment arbitration, and drawing investment arbitration into the wider setting of international law and corporate governance.

What do nudges and choice architecture have to do with encouraging mediation?What should one consider when drafting enforceable mediation clauses?Does negotiating with children hold the secret to becoming better mediators?The signing of the Singapore Convention on 7 August 2019 heralds a new milestone in mediation. Contemporary Issues in Mediation Volume 4 examines the draft Convention of International Settlement Agreements resulting from mediation and provides some answers to guide the drafting of enforceable mediation clauses. Practitioners would be especially interested in the new section 'Mediation Obligations and Ethics', featuring discussions on mediator's neutrality and confidentiality, as well as a mediation advocate's ethical duty of honesty. A traditionally well-received category 'Mediation Skills' is also expanded with new entries, with one essay on crisis negotiation skills and another that examines how learning from children can help mediators better deal with emotions or difficult parties. Socially conscious readers will no doubt enjoy the research and views presented on an increasingly popular topic, how gender roles shape the power balance in family mediation. As the world heads into a new era with mediation given prominence on the global stage, the valuable insights in this edition will undoubtedly equip you with the necessary knowledge to navigate this space.

Over the past few years the European Community has been active in establishing rules of civil jurisdiction. This book provides a comprehensive treatment of the three main instruments for implementing these rules: Brussels I (covering jurisdiction in civil and commercial matters), Brussels IIbis (jurisdiction in matters of divorce and parental responsibility) and the Insolvency Regulation. The Regulations were drawn up from the point of view of the European Community and the facilitation of co-operation between the Member States. However, legal practice shows that disputes, whether of a commercial or family nature, are not always neatly restricted to being either within the competence of the EU, or entirely outside the EU. When a single dispute might fall into the jurisdiction of either EU Member States or third States, the exact scope of application of the Regulations is uncertain. This book covers the background and development of civil jurisdiction rules in the European Union, analysing the three main regulations on civil jurisdiction, and the effect that the application of these rules has on parties domiciled or habitually resident outside the EU, particularly with regard to the recognition and enforcement of judgments made within the EU in external jurisdictions. There is analysis of case law and practical problems which have arisen, or might arise, in disputes where there is a conflict of laws between an EU Member State and a third State, for example involving the rules of the domicile of the defendant, exclusive jurisdiction, forum clauses, and procedural rules such as forum non conveniens and lis pendens. It will also examine the external competences of the European Community in the field of civil jurisdiction with regard to the ECJ Lugano Opinion and the far-reaching implications of this ruling for possible future conventions, both for the EU and for third states who will now have to negotiate with the European Community as a whole, and not with a collection of states.

This book charts the work of the Iran-US Claims Tribunal which was established in the wake of the breakdown of relations between the United States and Iran after the Iranian revolution in 1979. The seizure of the US Embassy and US assets in Iran created a rift between the US and Iran which led to the expulsion and expropriation of US property. The US retaliated by freezing all Iranian assets in America including funds held in US banks. The Tribunal which was created after extensive international negotiations involving other governments was funded by the Iranian Government to settle all outstanding claims between Government and Government, US nationals against the Iranian Government and Iranian nationals against the US Government. The tribunal was divided into three chambers in the Hague: US, Iran and a neutral judge sat on each of the Tribunals. The work of the Tribunal is of great interest to international lawyers and arbitrators because it is a large scale international Tribunal trying to deal with the settlement of large claims against governments on behalf of other governments and domestic citizens. The application of the principles developed by the Tribunal to other areas of international law is considerable so the book will be of general interest to a wide range of international lawyers.

This publication is the product of the 25th Annual Africa and Diaspora Conference in 2016, organized by the Center for African Peace and Conflict Resolution at California State University, Sacramento, on the theme of "Peace and Conflict Resolution in Africa 25 Years Later: Lessons, Best Practices and Opportunities". It brings together reflections on both historical and contemporary or recurring conflicts in Africa, especially on issues of ethno-religious conflicts, corruption, land, and leadership. The chapters include case studies and some theoretical perspectives on the persistent search for the right size and scope of visioning and programming on peace and conflict resolution in Africa. Understandably, this collection of ideas, thoughts and proposals will resonate with the field of Peace and Conflict Studies. Arguably, Africa is "rising" in the 21st century, with declining violent conflicts and an increase in stable democracies and economies. However, there are still the significant challenges of extremism, climate change, poor governance, ineffective leadership, widening wealth gaps, and weak institutions of moderation. The essays collected here also document areas of progress in legitimizing democracy and conceptualizing social justice, and suggest the need for building the next generation of peace leaders in Africa.

Das deutsche Verfassungsrecht erkennt an, dass der U.S. Supreme Court Vorbild fur die Errichtung des Bundesverfassungsgerichts war. Eine rechtsvergleichende und -historische Analyse zeigt aber, dass auch die Verfassung der USA das deutsche Verfassungs- und Verfassungsprozessrecht massgeblich pragte. Gesichert ist, dass der U.S. Supreme Court das Bundesverfassungsgericht und seine zugrunde liegenden Rechtsvorschriften am starksten beeinflusste."

The Yearbook of International Sports Arbitration is the first academic publication aiming to offer comprehensive coverage, on a yearly basis, of the most recent and salient developments regarding international sports arbitration, through a combination of general articles and case notes. The present volume covers decisions rendered by the Court of Arbitration for Sport (CAS) and national courts in 2017. It is a must have for sports lawyers and arbitrators, as well as researchers engaged in this field. It provides in-depth articles on current issues raised by international sports arbitration, and commentaries by esteemed academics and experienced practitioners on the most important decisions of the year by the CAS and national courts. Dr. Antoine Duval is Senior Researcher at the T.M.C. Asser Instituut in The Hague and heads the Asser International Sports Law Centre. Prof. Antonio Rigozzi teaches international arbitration and sports law at the University of Neuchatel, Switzerland, and is the partner in charge of the sports arbitration practice at Levy Kaufmann-Kohler, a Geneva-based law firm specializing in international arbitration.

The establishment of a School of International Arbitration was a sufficiently important occurrence to have brought to London, for its inaugural conference, most of the world's leading experts on international arbitration. The three-day Symposium on March 25-27, 1985 sought to identify and consider the It was not the aim contemporary problems affecting international arbitration. of the Symposium to develop, propose or agree solutions to these problems, but rather to discuss the issues and alternative solutions. The success of the School will be measured in the future by its contribution, through research and teaching, to the development of solutions to the difficulties and uncertainties which reduce the effectiveness of international arbitration agreements and awards and the conduct of international arbitral proceedings. This book reproduces the papers presented at the Symposium (amended and varied by several contributors). It is not considered appropriate here to comment on or analyse paper by paper the ideas presented or discussions which ensued. However, it would be appropriate to make reference to specific developments in the short period since the Symposium directly relevant to the papers reproduced and the discussions which ensued. The pertinence of the subject-matter selected becomes clear from these subsequent developments.

Starting with the first substantial body of primary sources, the epics of Homer and Hesiod in the 7th century, and ending with the fall of Egypt to the Romans in 30BC, this volume describes and analyzes the development of mediation, arbitration and other ways of resolving disputes, other than litigation. New translations of more than three hundred primary sources allow you to decide for yourself whether the conclusions are valid. For the Greeks, mediation was the natural first step, the chosen third party taking the role of adjudicator only when efforts to produce a settlement had failed - and then swearing an oath and consciously adopting a different character. In some times and places, for example in Ptolemaic Egypt, the regular response of the authorities was to submit a claim to an administrative officer with the instructions: "Best to mediate; if not.." In Athens, too, in the 4th century BC, almost all civil claims went not to the courts but to public arbitrators, men who had just been relieved from military service in their 60th year. Inscriptions record their names and awards. Papyrus finds show private arbitration of construction disputes in 3rd century Egypt, with original documents startlingly like those in contemporary disputes.

Der Autor nimmt eine Bestandsaufnahme und kritische Analyse volkerrechtlicher Instrumente und Regeln fur nationale und internationale Verfahren zur Beilegung von Konflikten uber grenzuberschreitende Umweltprobleme vor. Er setzt sich mit den besonderen Anforderungen auseinander, die der grenzuberschreitende Umweltschutz an die Streitbeilegung stellt, und untersucht eingehend die herkommlichen Methoden der friedlichen Streitbeilegung, innovative Methoden der Normdurchsetzung durch Non-Compliance Mechanismen und volkerrechtliche Regeln fur die Einbeziehung der betroffenen Personen, Unternehmen und Organisationen in nationale wie internationale Verfahren. Im Mittelpunkt der Analyse stehen zum einen der Umgang mit Konflikten, die gemeinsame Interessen der Staatengemeinschaft betreffen, und zum anderen Mechanismen, die den Interessenausgleich unmittelbar zwischen den Betroffenen ermoglichen."

Daniel Malacara, PhD, is a Professor at the Centro de Investigaciones en Optica, Leon, Gto, Mexico. A designer and constructor of optical instruments, including telescopes, he is well known for his books, including Optical Shop Testing, which has been translated into several languages. Dr. Malacara is a Fellow of the Optical Society of America and of SPIE, the International Society of Optical Engineering.

This book is a volume in the Penn Press Anniversary Collection. To mark its 125th anniversary in 2015, the University of Pennsylvania Press rereleased more than 1,100 titles from Penn Press's distinguished backlist from 1899-1999 that had fallen out of print. Spanning an entire century, the Anniversary Collection offers peer-reviewed scholarship in a wide range of subject areas.

This book is a volume in the Penn Press Anniversary Collection. To mark its 125th anniversary in 2015, the University of Pennsylvania Press rereleased more than 1,100 titles from Penn Press's distinguished backlist from 1899-1999 that had fallen out of print. Spanning an entire century, the Anniversary Collection offers peer-reviewed scholarship in a wide range of subject areas.