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Books > Law > Laws of other jurisdictions & general law > Courts & procedure > Arbitration procedure
Economic activity is more globally integrated than ever before, but
so is the scope of corporate misconduct. As more and more people
across the world are affected by such malfeasance, the differences
in legal redress have become increasingly visible. This
transparency has resulted in a growing convergence towards an
American model of robust private enforcement of the law, including
the class-action lawsuit. This handbook brings together scholars
from nearly two dozen countries to describe and assess the
class-action procedure (or its equivalent) in their respective
countries and, where possible, to offer empirical data on these
systems. At the same time, the work presents a variety of
multidisciplinary perspectives on class actions, from economics to
philosophy, making this handbook an essential resource to
academics, lawyers, and policymakers alike.
Redfern and Hunter on International Arbitration is an established
treatise on the law and practice of international arbitration, the
pre-eminent method for the peaceful resolution of disputes in
international trade, investment, and commerce. This book serves as
an introduction, following the chronology of an arbitration from
the drafting of the arbitration agreement right through to the
enforcement of the arbitral award. Written by an author team with
extensive experience as counsel and abitrators, the book has been
read and cited by international lawyers, arbitrators, and judges,
and has become a key learning text for teachers, students, and
potential arbitrators in colleges and universities across the
world. The seventh edition has been significantly revised to
incorporate the latest significant developments in the field,
includling changes in investor state dispute resolution, leading
court decisions on arbitration matters in a wider number of
jurisdictions, changes in the 'soft law' of leading international
arbitral institutions and of the International Bar Association, and
the impact of the COVID-19 pandemic on the practice of
international arbitration. This Pack edition includes a copy of the
hardback edition plus an access code for the digital edition, which
can be accessed via the LawReader app Companion website:
www.oup.com/redfernhunter.
Multilateral investment treaties (MITs) are international legal
instruments whose purpose is to facilitate social and economic
cooperation on a global scale. While there is abundant literature
and precedent on MITs generally, authors Kabir Duggal and Mohamed
Wahab provide some of the first analysis focusing on the execution
of MITs in the Arab and Muslim-majority worlds in this volume of
Brill Research Perspectives in Investment Arbitration. This book
focuses on two MITs: the Unified Agreement for the Investment of
Arab Capital in the Arab States (UAA) and the Organisation of
Islamic Cooperation Agreement for Promotion, Protection and
Guarantee of Investments Among Member States (OIC). The UAA and OIC
are among the oldest MITs in the world, enacted in 1980 and 1988,
respectively. But only recently have these two long-dormant
treaties acquired special significance. This book provides a
comprehensive, critical review of these two treaties.
A large amount of foreign direct investment (FDI) has been poured
into Africa in recent decades and these investments can come with
adverse effects on the environment, human rights, and development.
At the same time, investment treaties, entered into by African
states and aimed at promoting and protecting FDI, seriously limit
those states' ability to regulate such activities in the interests
of affected communities. Whilst these tensions have generated
global debate, little attention has been paid to the legal status
of many of these investment treaties, and whether - given their
constitutional and customary international law obligations to act
in the public interest - African states truly have the capacity to
conclude treaties which contain standards of investment protection
expressly preventing or unduly abridging the exercise of their
regulatory authority. Focusing on this question, The Investment
Treaty Regime and Public Interest Regulation in Africa presents The
Imperatives Theory: a legal, normative, and principled framework
for rethinking the legal status, making, and reform of investment
treaties and investment dispute settlement in Africa, with relevant
and significant implications for the global investment treaty
regime.
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.
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