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Books > Law > Laws of other jurisdictions & general law > Courts & procedure > Arbitration procedure
Written by a distinguished team with extensive experience in the
area, this key analytical commentary on the competition procedures
of the EU provides in-depth coverage of the relevant rules. The
work discusses in detail the Commission's package of regulations
and guidelines and their interaction in practice. This fourth
edition fully updates the work to reflect recent legislative
developments and a wealth of recent case law. Coverage also
includes discussion of the fining practice of the European
Commission and the judicial review of this practice by the
Community Courts. As a practical guide to procedure, focusing on
the implementation of the regulatory framework by the Commission
and the relevant case law of the European Courts, this is an
indispensable resource for all practitioners involved in
competition proceedings before the European Commission and national
competition authorities.
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.
This book advances the idea that in order to address some of the
criticisms against investor-state dispute settlement, a large
majority of states have taken a 'normative' strategy, negotiating
or amending investment treaties with provisions that potentially
give more control and greater involvement to the contracting
parties, and notably the home state. This is particularly true of
agreements concluded in the past fifteen years. At the same time,
there is a potential revival of the 'remnants' of diplomatic
protection that are embedded in investment treaties since the
beginning of the system. But why is the home state being brought
back into a domain from which it was expressly excluded several
decades ago? Why would a home state be interested in intervening in
these conflicts? Is this 'new' role of the home state in foreign
investment disputes a 'return' to diplomatic protection of its
nationals, or are we witnessing something different?
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