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Books > Law > Laws of other jurisdictions & general law > Courts & procedure > Arbitration procedure

Third Party Funding - Law, Economics and Policy (Paperback): Gian Marco Solas Third Party Funding - Law, Economics and Policy (Paperback)
Gian Marco Solas
R894 Discovery Miles 8 940 Ships in 12 - 19 working days

In Third Party Funding, Gian Marco Solas, for the first time, describes third party funding (TPF) as stand-alone practice within the wider litigation and legal services' markets. The book reports on legal issues related to TPF in both common law and civil law jurisdictions, and in the international context. It then discusses the incentives and economics of TPF transactions in different legal contexts while explaining how the practice emerged and how it is likely to develop. In addition, the book offers practical insights into TPF transactions and analyzes a number of regulatory proposals that could affect its use and desirability. This work should be read by scholars, practitioners, policymakers, and anyone else interested in how TPF is changing the practice of law.

The American Influence on International Commercial Arbitration - Doctrinal Developments and Discovery Methods (Paperback, 2nd... The American Influence on International Commercial Arbitration - Doctrinal Developments and Discovery Methods (Paperback, 2nd Revised edition)
Pedro J. Martinez-Fraga
R978 Discovery Miles 9 780 Ships in 12 - 19 working days

As in its first edition, this book traces the contours of select US common law doctrinal developments concerning international commercial arbitration. This new edition supplements the foundational work contained in the first edition in order to produce a broader and deeper work. The author explores how the US common law may help bridge cross-cultural legal differences by focusing on the need to address these contrasting approaches through the nomenclature and goal of securing equality between party-autonomy and arbitrator discretion in international commercial arbitration. This book thus focuses on the common law development of arbitrator immunity, as well as the precepts of party-initiative and -autonomy forming part of the US common law discovery rubric that may contribute to promoting expediency, efficiency and transparency in international commercial arbitration proceedings. It does so by carefully analyzing, among other things, the International Bar Association (IBA) Rules on Evidence Gathering, the Prague Rules, and the role of 28 USC. 1782 in international arbitration.

Annotated Guide to the 1988 ICC Arbitration Rules with Commentary (Hardcover, Annotated Ed): Laurence Craig, William Park, Jan... Annotated Guide to the 1988 ICC Arbitration Rules with Commentary (Hardcover, Annotated Ed)
Laurence Craig, William Park, Jan Paulsson
R4,590 Discovery Miles 45 900 Ships in 12 - 19 working days

This indispensable volume provides a complete and authoritative discussion of the ICC rules and their application. Organized by arbitration rules, it contains an article-by-article analysis of the rules, including a comparison with the text of the relevant section of the 1975 rules, along with comprehensive indexes for tracking the rules of the court, and advice for arbitrators. Each annotation contains an explanation of the rationale that drove the revision or incorporation, as well as the expected effect on ICC arbitration practice. Where the rules are influenced by other established arbitration rules, appropriate cross-references appear.
Contents summary:
- Overview of the 1998 rules
- Annotated text with commentary
- Arbitral tribunal and proceedings
- Awards
- Costs
- Conversion tables
- Appendices to the 1998 rules
- Index

The WTO Transit Regime for Landlocked Countries and its Impacts on Members' Regional Transit Agreements - The Case of... The WTO Transit Regime for Landlocked Countries and its Impacts on Members' Regional Transit Agreements - The Case of Afghanistan's Transit Trade with Pakistan (Paperback, 1st ed. 2021)
Suhailah Akbari
R4,095 Discovery Miles 40 950 Ships in 10 - 15 working days

This book assesses Afghanistan's transit trade with Pakistan in the context of WTO transit regime for landlocked countries and its impacts on Members' regional transit agreements. The key questions this book seeks to answer are the extent Afghanistan can benefit from WTO transit rules in demanding freedom of transit through the territory of Pakistan, how these rules influence the transit agreement concluded between Afghanistan and Pakistan, and finally how useful it would be to challenge Pakistan under the WTO dispute settlement system for its failure to provide Afghanistan freedom of transit and free access to and from the sea.

Procurement by International Organizations - A Global Administrative Law Perspective (Paperback): Elisabetta Morlino Procurement by International Organizations - A Global Administrative Law Perspective (Paperback)
Elisabetta Morlino
R1,025 Discovery Miles 10 250 Ships in 12 - 19 working days

How do international organizations procure goods, services and works to carry out their institutional mission? How does this procurement activity affect individuals? Does the procurement relationship between international organizations and private subjects bring an even distribution of rights and duties? Are international organizations accountable to private subjects and states when allocating their resources through procurement? The book explores the complex phenomenon of procurement by international organizations from the point of view of the relationship between international organizations and private subjects. It provides, for the first time, a systematization and conceptualization of the emerging rules and practices of procurement by international organizations. It also identifies the international political dynamics and interplay of interests underlying these rules and practices. In doing so, it shows how these dynamics shape the exercise of international public authority over private subjects, and the scope of private subjects' rights vis-a-vis international organizations.

Discourse, Media, and Conflict - Examining War and Resolution in the News (Hardcover, New edition): Innocent Chiluwa Discourse, Media, and Conflict - Examining War and Resolution in the News (Hardcover, New edition)
Innocent Chiluwa
R3,123 Discovery Miles 31 230 Ships in 12 - 19 working days

Bringing together contributions from a team of international scholars, this pioneering book applies theories and approaches from linguistics, such as discourse analysis and pragmatics, to analyse the media and online political discourses of both conflict and peace processes. By analysing case studies as globally diverse as Germany, the USA, Nigeria, Iraq, Korea and Libya, and across a range of genres such as TV news channels, online reporting and traditional newspapers, the chapters collectively show how news discourse can be powerful in mobilizing public support for war or violence, or for conflict resolution, through the linguistic representation of certain groups. It explores the consequences of this 'framing' effect, and shows how peace journalism can be achieved through a non-violent approach to reporting conflict. It will therefore serve as an essential resource for students, scholars and experts in media and communication studies, conflict and peace studies, international relations, linguistics and political science.

The WTO Anti-Dumping Agreement - A Detailed Commentary (Hardcover): Philippe De Baere, Clotilde du Parc, Isabelle Van Damme The WTO Anti-Dumping Agreement - A Detailed Commentary (Hardcover)
Philippe De Baere, Clotilde du Parc, Isabelle Van Damme
R5,967 Discovery Miles 59 670 Ships in 12 - 19 working days

A unique article-by-article commentary on the WTO Anti-Dumping Agreement, offering an essential and comprehensive insight into WTO case-law. This commentary is an indispensable reference tool for government officials, practitioners and academics working on anti-dumping issues. The commentary's structure allows the reader to identify immediately which disputes are relevant for the interpretation of each provision. It offers a clear analysis of the applicable rules and a comprehensive explanation of what, as a result of the WTO case-law, those rules mean. This commentary has been written by practitioners who have all been directly involved in a large number of WTO disputes and who have extensive experience in anti-dumping investigations and in challenging anti-dumping determinations before the WTO and before national courts.

Politics of Impunity - Torture, the Armed Forces and the Failure of Transitional Justice in Brazil (Hardcover): Henrique... Politics of Impunity - Torture, the Armed Forces and the Failure of Transitional Justice in Brazil (Hardcover)
Henrique Tavares Furtado
R3,431 Discovery Miles 34 310 Ships in 10 - 15 working days

Politics of Impunity investigates the failure of the anti-impunity agenda in Brazil, from the release of the truth commission report denouncing the crimes of the military regime (1964-1985) in 2014, to the election of the former-paratrooper and far-Right leader Jair Bolsonaro in 2018. Connecting debates on critical military studies, transitional justice and memory studies, the book moves beyond the conditions of implementation of accountability measures. It examines the conditions of possibility of the global anti-impunity agenda: when, how and why the question of impunity came to dominate debates on large-scale political violence. Drawing lessons from the Brazilian case, the book provides a new reading of transitional justice, investigating alternative ways of understanding militarism in the absence of warfare. It reveals the ways in which narratives of accountability and the memory of militarism work to demarcate and restrict what counts as unacceptable violence, who counts as victims/perpetrators and what counts as reasonable forms of justice and resistance.

Transnational Actors in International Investment Law (Paperback, 1st ed. 2021): Anastasios Gourgourinis Transnational Actors in International Investment Law (Paperback, 1st ed. 2021)
Anastasios Gourgourinis
R4,322 Discovery Miles 43 220 Ships in 10 - 15 working days

This book reviews for the first time some of the less frequently addressed actors in international investment law. Traditional studies concerning actors in international investment law have tended to focus on arbitrators, claimant investors and respondent states. This book explores transnational actors, such as UNCITRAL, the EU, international standardizing bodies, domestic and international courts and tribunals, etc., shedding light on their transnational activity and pluralistic role in international investment law.

Between Interests and Law - The Politics of Transnational Commercial Disputes (Hardcover): Thomas Hale Between Interests and Law - The Politics of Transnational Commercial Disputes (Hardcover)
Thomas Hale
R3,416 Discovery Miles 34 160 Ships in 12 - 19 working days

We could not have a global economy without a system to resolve commercial disputes across borders, but the international regime that performs this key role bears little resemblance to other institutions underpinning the global economy. A hybrid of private arbitral institutions, international treaties, and domestic laws and courts, the regime for commercial dispute resolution shows that effective transborder institutions can take a variety of forms. This book offers the first comprehensive social scientific account of this surprisingly effective regime. It maps and explains its evolution since the Industrial Revolution, both at the global level and in the United States, Argentina, and China. The book shows how both political economy approaches and socio-legal theories have shaped institutional outcomes. While economic interests have been the chief determinants, legal processes have played a key role in shaping the form institutions take. The regime for commercial dispute resolution therefore remains between interests and law.

Multi-Tier Approaches to the Resolution of International Disputes - A Global and Comparative Study (Paperback): Anselmo Reyes,... Multi-Tier Approaches to the Resolution of International Disputes - A Global and Comparative Study (Paperback)
Anselmo Reyes, Weixia Gu
R1,570 Discovery Miles 15 700 Ships in 12 - 19 working days

Multi-tier dispute resolution (MDR) entails an early attempt at mediation followed by arbitration or litigation if mediation is unsuccessful. Seemingly, everyone acknowledges MDR's attractiveness as a means of resolving disputes due to its combination of the flexibility and informality of mediation with the rigour and formality of arbitration or litigation. Yet, the question is why, except in China and some Asian jurisdictions, MDR is not resorted to around the world and MDR clauses in commercial contracts remain relatively uncommon. This book responds to that question by (1) surveying global regulatory approaches frameworks for MDR, (2) comparing MDR trends in Asia and the wider world, (3) identifying MDR's strengths and weaknesses, and (4) prescribing ways to address MDR's weaknesses (the enforceability of MDR clauses, the difficulties arising when the same person acts as mediator and decision-maker in the same dispute, and the enforcement of mediated settlement agreements resulting from MDR).

Multi-Tier Approaches to the Resolution of International Disputes - A Global and Comparative Study (Hardcover): Anselmo Reyes,... Multi-Tier Approaches to the Resolution of International Disputes - A Global and Comparative Study (Hardcover)
Anselmo Reyes, Weixia Gu
R4,405 Discovery Miles 44 050 Ships in 12 - 19 working days

Multi-tier dispute resolution (MDR) entails an early attempt at mediation followed by arbitration or litigation if mediation is unsuccessful. Seemingly, everyone acknowledges MDR's attractiveness as a means of resolving disputes due to its combination of the flexibility and informality of mediation with the rigour and formality of arbitration or litigation. Yet, the question is why, except in China and some Asian jurisdictions, MDR is not resorted to around the world and MDR clauses in commercial contracts remain relatively uncommon. This book responds to that question by (1) surveying global regulatory approaches frameworks for MDR, (2) comparing MDR trends in Asia and the wider world, (3) identifying MDR's strengths and weaknesses, and (4) prescribing ways to address MDR's weaknesses (the enforceability of MDR clauses, the difficulties arising when the same person acts as mediator and decision-maker in the same dispute, and the enforcement of mediated settlement agreements resulting from MDR).

The Court of Arbitration for Sport and Its Jurisprudence - An Empirical Inquiry into Lex Sportiva (Hardcover, 1st ed. 2019):... The Court of Arbitration for Sport and Its Jurisprudence - An Empirical Inquiry into Lex Sportiva (Hardcover, 1st ed. 2019)
Johan Lindholm
R3,793 R3,580 Discovery Miles 35 800 Save R213 (6%) Ships in 9 - 17 working days

This book takes a close look at the Court of Arbitration for Sport (CAS), challenging existing claims and answering previously unanswered questions, by considering all of its publicly available decisions, both in its entirety as a body of jurisprudence and on a case-by-case level. It also investigates the actors involved in adjudication before the CAS, both the parties that bring disputes before the CAS and the arbitrators that resolve them, and in so doing establish precedents that govern sports generally. While the book relies upon and includes more traditional legal theory and analysis, it combines this with an empirical analysis of a large portion of the CAS's decisions. Hereby it relies upon and relates to the theory of the development of a transnational legal order in sports, the lex sportiva. The publication is targeted at and will benefit those professionally working in or interested in the fields of sports law, arbitration law, transnational law, or empirical legal studies. Johan Lindholm is a Professor of Law at Umea University in Sweden.

Full Protection and Security in International Investment Law (Paperback, 1st ed. 2019): Sebastian Mantilla Blanco Full Protection and Security in International Investment Law (Paperback, 1st ed. 2019)
Sebastian Mantilla Blanco
R4,717 Discovery Miles 47 170 Ships in 10 - 15 working days

This book provides a comprehensive study of the standard of 'full protection and security' (FPS) in international investment law. Ever since the Germany-Pakistan BIT of 1959, almost every investment agreement has included an FPS clause. FPS claims refer to the most diverse factual settings, from terrorist attacks to measures concerning concession contracts. Still, the FPS standard has received far less scholarly attention than other obligations under international investment law. Filling that gap, this study examines the evolution of FPS from its medieval roots to the modern age, delimits the scope of FPS in customary international law, and analyzes the relationship between FPS and the concept of due diligence in the law of state responsibility. It additionally explores the interpretation and application of FPS clauses, drawing particular attention to the diverse wording used in investment treaties, the role ascribed to custom, and the interplay between FPS and other treaty-based standards. Besides delivering a detailed analysis of the FPS standard, this book also serves as a guide to the relevant sources, providing an overview of numerous legal instruments, examples of state practice, arbitral decisions, and related academic publications about the standard.

The Essentials of Contract Negotiation (Paperback, 1st ed. 2019): Stefanie Jung, Peter Krebs The Essentials of Contract Negotiation (Paperback, 1st ed. 2019)
Stefanie Jung, Peter Krebs
R2,382 Discovery Miles 23 820 Ships in 10 - 15 working days

This book focuses on the tactics and strategies used in business-to-business contract negotiations. In addition to outlining general negotiation concepts, techniques and tools, it provides insight into relevant framework conditions, underlying mechanisms and also presents generally occurring terms and problems. Moreover, different negotiating styles are illustrated using an exemplary presentation of negotiation peculiarities in China, the USA and Germany. The presented tactics and strategies combine interdisciplinary psychological and economic knowledge as well as findings from the field of communication science. The application scope of these tactics and strategies covers business-to-business negotiations as well as company-internal negotiations. The fact that this book does not necessarily stipulate any prior knowledge of the subject of negotiations also makes it highly suitable for nonprofessionals with a pronounced interested in negotiations. Nonetheless, it provides proficient negotiators with a deeper understanding for situations experienced in negotiations. This book also helps practioners to identify underlying mechanisms and on this basis sustainably improve their negotiation skills.

Labour Dispute Resolution in Turkey (Paperback, 1st ed. 2019): Tankut Centel Labour Dispute Resolution in Turkey (Paperback, 1st ed. 2019)
Tankut Centel
R1,748 Discovery Miles 17 480 Ships in 10 - 15 working days

The book provides a comprehensive overview of recent developments in Turkey's labour dispute resolution system, and helps compare the Turkish system especially with those in European countries. Turkey passed a new Labour Courts Act in 2017, which changed Turkish labour law practice by introducing mandatory mediation for all labour disputes. The main objective behind this measure was to ensure that labour disputes are resolved more quickly and less expensively. The book was written specifically for lawyers around the globe who have to deal with Turkish law, especially those who are seeking to become specialists in dispute resolution law. In addition, it provides stimulating reading for laypersons who wish to learn what 'mediation and arbitration law are all about' in Turkey. Above all, it was prepared with a view to providing foreign investors and companies in Turkey with basic information on Turkish labour legislation.

Investor-State Dispute Settlement and National Courts - Current Framework and Reform Options (Paperback, 1st ed. 2020):... Investor-State Dispute Settlement and National Courts - Current Framework and Reform Options (Paperback, 1st ed. 2020)
Gabrielle Kaufmann-Kohler, Michele Potesta
R1,350 Discovery Miles 13 500 Ships in 10 - 15 working days

This open access book examines the multiple intersections between national and international courts in the field of investment protection, and suggests possible modes for regulating future jurisdictional interactions between domestic courts and international tribunals. The current system of foreign investment protection consists of more than 3,000 international investment agreements (IIAs), most of which provide for investment arbitration as the forum for the resolution of disputes between foreign investors and host States. However, national courts also have jurisdiction over certain matters involving cross-border investments. International investment tribunals and national courts thus interact in a number of ways, which range from harmonious co-existence to reinforcing complementation, reciprocal supervision and, occasionally, competition and discord. The book maps this complex relationship between dispute settlement bodies in the current investment treaty context and assesses the potential role of domestic courts in future treaty frameworks that could emerge from the States' current efforts to reform the system.The book concludes that, in certain areas of interaction between domestic courts and international investment tribunals, the "division of labor" between the two bodies is not always optimal, producing inefficiencies that burden the system as a whole. In these areas, there is a need for improvement by introducing a more fruitful allocation of tasks between domestic and international courts and tribunals - whatever form(s) the international mechanism for the settlement of investment disputes may take.Given its scope, the book contributes not only to legal analysis, but also to the policy reflections that are needed for ongoing efforts to reform investor-State dispute settlement.

From Bilateral Arbitral Tribunals and Investment Courts to a Multilateral Investment Court - Options Regarding the... From Bilateral Arbitral Tribunals and Investment Courts to a Multilateral Investment Court - Options Regarding the Institutionalization of Investor-State Dispute Settlement (Paperback, 2nd ed. 2020)
Marc Bungenberg, August Reinisch
R1,521 Discovery Miles 15 210 Ships in 10 - 15 working days

This open access book considers the potential setup for a future Multilateral Investment Court (MIC). The option of an MIC was first discussed by the EU Commission in 2016 and has since been made an official element of the EU Common Commercial Policy. In 2017, UNCITRAL also decided to discuss the possibility of an MIC, and on 20 March 2018, the Council of the EU gave the EU Commission the mandate to negotiate the creation of an MIC. The "feasibility study" presented here is intended to contribute to a broader discussion on the options for a new international court specialized in investment protection. The cornerstones of such a new permanent court are a strict orientation on the rule of law, reduced costs of investment protection, transparency considerations, aspects of consistency in case law, and the effective enforceability of MIC decisions.

Konflikt und Streit - Wie wir konstruktiv mit ihnen umgehen (German, Paperback, 1. Aufl. 2017): Rainer Sachse Konflikt und Streit - Wie wir konstruktiv mit ihnen umgehen (German, Paperback, 1. Aufl. 2017)
Rainer Sachse
R697 R614 Discovery Miles 6 140 Save R83 (12%) Ships in 10 - 15 working days

In diesem Ratgeber macht Rainer Sachse Ihnen - auf Basis der klarungsorientierten Psychotherapie - Mut, bei Konflikt und Streit privat wie beruflich zu gegenseitigem Verstehen und tragfahigen Kompromissen beizutragen. Konflikte spielen im Leben jedes Menschen eine zentrale Rolle: Sie treten auf zwischen Arbeitskollegen, zwischen Mitarbeiter und Chef, zwischen Freunden, in Familien, in Partnerschaften. Geschrieben fur alle, die in Alltag und Beruf Konflikte erleben und sie konstruktiv loesen wollen. Auch fur Streitschlichter, Mediatoren, Moderatoren. Aus dem Inhalt Was ist ein Konflikt? Wie geht man konstruktiv mit Konflikten um? Wie loest man Konflikte? Wie findet man tragfahige Kompromisse? Was koennen zwei Interaktionspartner tun, um zu einer guten Konfliktbewaltigung zu gelangen? Und wann hilft ein Moderator? Der Autor Prof. Dr. Rainer Sachse ist Psychologischer Psychotherapeut, Begrunder der "Klarungsorientierten Psychotherapie" und Leiter des Instituts fur Psychologische Psychotherapie (IPP) in Bochum. Er macht komplexe psychologische Sachverhalte allgemein verstandlich und stellt sie humorvoll und einfuhlsam dar.

Towards a Uniform Approach to Confidentiality of International Commercial Arbitration (Paperback, 1st ed. 2019): Elza... Towards a Uniform Approach to Confidentiality of International Commercial Arbitration (Paperback, 1st ed. 2019)
Elza Reymond-Eniaeva
R4,102 Discovery Miles 41 020 Ships in 10 - 15 working days

The book deals with confidentiality as one of the most controversial issues in international commercial arbitration. On the one hand, it is widely recognized that confidentiality is an important advantage of arbitration which contributes to its attractiveness. On the other hand, there is no uniform regulation in national legislations, arbitration rules, and other relevant sources as to the scope or even to the existence of a duty of confidentiality. A uniform approach to confidentiality of international commercial arbitration is possible. The best way to achieve it would be through harmonization of national arbitration laws which should impose a confidentiality obligation subject to certain exceptions. The purpose of maintaining confidentiality would be to protect primarily the parties from undesirable leaks that can be avoided and to protect arbitration as an institution. As to a systematic publication of arbitral awards without identifying the parties' identity, it is desirable and should be the goal.

Schiedsgerichtsbarkeit und Standiges Revisionsgericht des Mercosur - Integrationsfoerderung durch zwischenstaatliche... Schiedsgerichtsbarkeit und Standiges Revisionsgericht des Mercosur - Integrationsfoerderung durch zwischenstaatliche Streitbeilegung und Rechtsprechung im Mercosur (German, Hardcover, 2013 ed.)
Marianne Klumpp
R2,900 Discovery Miles 29 000 Ships in 12 - 19 working days

Die Autorin untersucht in ihrem Werk den Beitrag des Streitbeilegungsmechanismus des Mercosur zum regionalen Integrationsprozess in Sudamerika. Ihre Darstellung bettet Schiedsgerichtsbarkeit und Standiges Revisionsgericht in den besonderen integrationspolitischen und okonomischen Hintergrund des Mercosur sowie in dessen institutionellen und rechtlichen Rahmen ein. Dabei wird sowohl die Umgrenzung der Handlungsmoglichkeiten der Streitbeilegungsorgane durch diesen Rahmen, als auch deren Einfluss auf Recht und Institutionen beschrieben.

Unter vergleichender Bezugnahmeauf europarechtliche und volkerrechtliche Vorbilder befasstsich die Arbeit mit den Verfahrensarten von Schiedsgerichtsbarkeit und Standigem Revisionsgericht einschliesslich dessen innovativen Verfahrens der Kooperation mit nationalen Gerichten. Die Autorin untersucht die gestalterische Einflussnahme der Rechtsprechung auf den Integrationsraum des Mercosur und beobachtet die richterliche Ausformung der Grundfreiheiten und deren Begrenzung. Wie der Europaische Gerichtshof nutzen auch die Schiedsgerichte und das Standige Revisionsgericht ihre Moglichkeiten zum gestalterischen Wirken im Integrationsraum.

The New Society (Paperback): Walther Rathenau The New Society (Paperback)
Walther Rathenau
R452 Discovery Miles 4 520 Ships in 10 - 15 working days
Yearbook on International Investment Law & Policy 2019 (Hardcover): Lisa Sachs, Lise Johnson, Jesse Coleman Yearbook on International Investment Law & Policy 2019 (Hardcover)
Lisa Sachs, Lise Johnson, Jesse Coleman
R7,829 Discovery Miles 78 290 Ships in 10 - 15 working days

The Yearbook on International Investment Law & Policy is an annual publication which provides a comprehensive overview of current developments in the international investment law and policy field, focusing on recent trends and issues in foreign direct investment (FDI), investment treaty practice, and investor-state arbitration. Edited by an Editorial Committee and overseen by an Advisory Board of esteemed global experts in the field of international investment law, the Yearbook is an essential tool for practitioners and academics looking for a resource of timely and authoritative information in this field.

Judicial Power in a Globalized World - Liber Amicorum Vincent De Gaetano (Paperback, 1st ed. 2019): Paulo Pinto De Albuquerque,... Judicial Power in a Globalized World - Liber Amicorum Vincent De Gaetano (Paperback, 1st ed. 2019)
Paulo Pinto De Albuquerque, Krzysztof Wojtyczek
R5,696 Discovery Miles 56 960 Ships in 10 - 15 working days

This book explores fundamental topics concerning the functioning of the judiciary. The authors - class scholars, international judges and jurists from a diverse range of countries - address general theoretical issues in connection with judicial power, the role and functioning of international courts, international standards concerning the organization of national judiciaries, and the role of domestic courts in international relations, as well as alternative means of settling disputes. The book contributes a novel and valuable global perspective on burning issues, especially on judicial power and independence in a time in which illiberal and authoritarian regimes are constantly seeking to diminish the role of the judiciary.

From Bilateral Arbitral Tribunals and Investment Courts to a Multilateral Investment Court - Options Regarding the... From Bilateral Arbitral Tribunals and Investment Courts to a Multilateral Investment Court - Options Regarding the Institutionalization of Investor-State Dispute Settlement (Paperback, Softcover reprint of the original 1st ed. 2018)
Marc Bungenberg, August Reinisch
R3,119 Discovery Miles 31 190 Ships in 10 - 15 working days

This book considers the potential setup for a future Multilateral Investment Court (MIC). The option of an MIC was first discussed by the EU Commission in 2016 and has since been made an official element of the EU Common Commercial Policy. In 2017, UNCITRAL also decided to discuss the possibility of an MIC, and on 20 March 2018, the Council of the EU gave the EU Commission the mandate to negotiate the creation of an MIC. The "feasibility study" presented here is intended to contribute to a broader discussion on the options for a new international court specialized in investment protection. The cornerstones of such a new permanent court are a strict orientation on the rule of law, reduced costs of investment protection, transparency considerations, aspects of consistency in case law, and the effective enforceability of MIC decisions.

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