This book addresses the process and principles of contract management in construction from an international perspective. It presents a well-structured, in-depth analysis of construction law doctrines necessary to understand the fundamentals of contract management. The book begins with an introduction to contract management and contract law and formation. It then discusses the various parties to a contract and their relevant obligations, whether they are engineers, contractors or subcontractors. It also addresses standard practices when drafting and revising contracts, as well as what can be expected in standard contracts general clauses. Two chapters are dedicated to contract clauses, with one focused on contract administration such as schedules, payment certificates and defects liability, and the other focused on contract management, such as terminations, dispute resolutions and claims. This book provides a useful reference to engineers, project managers and students within the field of engineering and construction management.

In China the process of criminal reconciliation allows the alleged perpetrators and victims of certain crimes to resolve criminal cases through reconciliation or mediation. Based on empirical studies, which include case file examination and interviews with judges, prosecutors, lawyers and individual parties in three cities in mainland China, this important new book provides a comprehensive description and in-depth analysis of the operation. Criminal reconciliation has been a key feature in the reform of China's judicial system and as part of her analysis of it the author relates flaws in the criminal reconciliation programme to wider problems in the Chinese criminal justice system. Students and scholars of law and related subjects, especially those focussing on Asian studies, will find this book to be of interest. It will also be of use to associations and organisations working on restorative justice, mediation, and reconciliation.

This book presents a comprehensive and systematic study of the principal aspects of the modern law of international commercial transactions. Based on diverse sources, including legislative texts, case law, international conventions, and a variety of soft-law instruments, it highlights key topics such as the international sale of goods, international transport, marine insurance, international finance and payments, electronic commerce, international commercial arbitration, standard trade terms, and international harmonization of trade laws. In focusing on the private law aspects of international trade, the book closely analyzes the relevant statutes, case law and the European Union (EU) and international uniform law instruments like the Rome I Regulation, the UN Convention on the Contracts for the International Sale of Goods (CISG), UNCITRAL Model Laws; non-legislative instruments including restatements such as the UNIDROIT Principles on International Commercial Contracts, and rules of business practices codified by the ICC such as the Arbitration Rules, UCP 600 and different versions of the INCOTERMS. The book clearly explains the key concepts and nuances of the subject, offering incisive and vivid analyses of the major issues and developments. It also traces the evolution of the law of international trade and explores the connection between the lex mercatoria and the modern law. Comprehensively examining the issue of international harmonization of trade laws from a variety of perspectives, it provides a detailed account of the work of major players in the field, including UNCITRAL, UNIDROIT, ICC, and the Hague Conference on Private International Law (HCCH). Adopting the comparative law method, this book offers a critical analysis of the laws of two key jurisdictions-India and England-in the context of export trade. In order to stimulate discussion on law reform, it explains the similarities and differences not only between laws of the two countries, but also between the laws of India and England on the one hand, and the uniform law instruments on the other. Given its breadth of coverage, this book is a valuable reference resource not only for students in the fields of law, international trade, and commercial law, but also for researchers, practitioners and policymakers.

In the contemporary discipline of conflict resolution, adjudication and alternative dispute resolution (ADR) are often seen as antagonistic trends. This important book contends that, on the contrary, it is the bringing together of these trends that holds the most promise for an effective system of international justice. With great insight and passion, built firmly on a vast knowledge of the field, Lars Kirchhoff exposes the contemporary structural barriers to effective conflict resolution, defining where adjudication ends and ADR--and particularly the recent development of mediated third party intervention from an 'art' to a veritable 'science'--must come into play.The work starts by defining the challenges, potentials and shortcomings of different approaches to conflict resolution in an interdependent world--where the multiplicity of actors, topics and interests involved even in seemingly bilateral conflict situations is clearly manifest--and goes on to define useful models and connect the various elements relevant for the resolution of conflicts in a transparent way. In the course of its investigation the book accomplishes the following:* illustrates the various departure points and perspectives scholars of conflict resolution have taken as the basis for their work;* discusses who should become involved in conflicts as a third party and by which techniques this should occur;* systematically conveys the nature and consequences of intervention through mediation, focusing on the method's critical challenges; and * clarifies the particular model of international mediation under development through UN initiatives.In approaching these intertwined topics, the author draws concrete conclusions for the realms of international law and related disciplines as well as for the organizational context of the United Nations. He explores such diverse scenarios as conflicts between States, conflicts involving international organizations, and--in accordance with the changing parameters of international law--even conflicts involving individuals, clarifying which constellations can be tackled by international mediation and which conflicts should be dealt with by other forms of diplomacy or adjudication.It is the conviction of many intermediaries and scholars that the considerable potential inherent in resolving conflicts peacefully is rarely put into practice. Although some of the reasons for this phenomenon are beyond the influence of scholarly debate, in many instances the reasons for failure of peaceful resolution processes are more structural or systemic in nature. It is the great virtue of this book that it establishes enough clarity in an unclear and complex field to make concrete and workable recommendations in these instances, and for that reason it will be of immeasurable value and benefit to all scholars, policymakers, and activists dedicated to the pursuit of peace.

Nowhere in the world has the process of investment treaty arbitration been more volatile or unpredictable than in Latin America. Although the rush of bilateral investment treaties (BITs) entered into by Latin American countries during the 1990s seemed to promise stable guarantees and security for investors, recent years have produced an ever increasing number of arbitrations before international tribunals involving claims by foreign investors amounting to millions and even billions of dollars. In many cases, the disputes have arisen from regulatory measures involving matters of public interest, including the general welfare, health, environment, security, or economy. In five deeply informative and challenging essays by well-known authorities in various aspects of Latin American and/or international investment legal practice, this book investigates the issues affecting arbitration of disputes invoking Latin American BITs. In-depth coverage includes the following:A { emerging controversies and conflicts, as well as the serious academic debates regarding varying interpretations of treaty terms by different arbitral tribunals; A { ICSID cases concluded to date against Latin American States and cases that have been dismissed on jurisdictional grounds; A { detailed analysis of non-precluded measures provisions, the state of necessity defence, and State liability for investor harms in exceptional circumstances (particularly in connection with water rights); A { a guide for government officials managing investment treaty obligations and investor-State disputes; A { procedural and substantive issues that States should consider in connection with their investment obligations and the handling of claims; andA { options available to address investment treaty provisions that States find troubling and the utility and effectiveness of the recommendations presented.The book demonstrates that there is a compelling need for States to develop greater awareness of their investment treaty obligations with a view to both diminishing the likelihood of claims and properly managing those that are submitted to arbitration. It describes the stocktaking process that should form part of any State A|s efforts to manage its investment treaty obligations and claims by investors that the State has breached those obligations. With specific recommendations for the effective administration of State obligations and investor-State disputes, the book offers eminently practical utility in addition to its penetrating theoretical analysis, and as such constitutes an enormously valuable resource for all parties concerned in Latin American investment.

In this highly informative and very useful book, thirty-three local experts describe the ongoing process of adopting and adapting modern techniques of dispute resolution for economic and commercial matters in Algeria, Egypt, Israel, Jordan, Lebanon, Morocco, Syria, Tunisia, Turkey, and the West Bank and Gaza Strip. Each chapter illustrates multiple techniques, including court processes as well as arbitration and mediation processes, against the backdrop of economic and legislative changes that have occurred region-wide since the late twentieth century.
The country-by-country presentations are especially valuable for their emphasis on how local ADR practices deal with, or are affected by, such factors as the following:
- civil procedure codes
- international conventions
- international enforcement of awards
- appeals
- qualifications of arbitrators and mediators
- rules of local, regional, and international ADR institutions
- costs
- involvement of the judiciary
- cultural aspects
- regional and international trade agreements

ADR is not merely a substitute for court proceedings or arbitration, but a method of dispute settlement in its own right. In ADR proceedings, the parties call upon a third party not for a decision, but for assistance in reaching an agreement. As a result, ADR is not only less expensive and usually quicker than other methods, but it is capable of giving both parties some degree of satisfaction. The purpose of this book is precisely to look at ADR on its own terms as a way of resolving business disputes, particularly at the international level. Drawing upon diverse approaches, ADR experts from a variety of countries explore the situations to which ADR lends itself and the different permutations it offers to allow each dispute to be handled in the manner most fitting to the circumstances. The contributors also show how ADR serves such important considerations as the interests involved, the need to avoid a public display of differences, and the wish to anticipate problems. By throwing new light on the achievements of ADR and the possibilities it offers, this book will help to situate ADR amongst the panoply of dispute resolution methods now available to the international business community. Practitioners faced with drafting a dispute resolution clause in a contract, or dealing with a dispute which has arisen, will find expert guidance here when deciding which method of resolution to adopt, or whether a combination of procedures would be appropriate. Academics will discover a very useful volume which not only deals with many of the issues raised by ADR, in particular its relationship with arbitration, but also provides material for comparative study of how these issues have been approached and treated until now in various regions of the world, cultures and backgrounds.

This text makes detailed analyses and comments on the MAI from the perspective of a Chinese scholar. The author believes that the "behind closed doors" process of MAI negotiations is unacceptable for developing countries, NGOs, and civil societies, and is inadvisable for any future negotiations on investment rules. The substantive contents of the MAI which include the definition of investor and investment, treatment of foreign investors and investments, treatment for investment protection, and the dispute settlement mechanism are of high standards that render them unreachable and unacceptable for developing countries. The nine chapters of the book include: an introduction; An analysis of the background of the MAI negotiations which briefly reviews the process and results of the negotiations and makes the author's comments on the negotiations; an analysis and evaluation of the main features of MAI provisions and the approaches adopted by the MAI; An exploration of the scope of application of the MAI through the analysis of the respective definition of investor and investment in the MAI, and points out that the purpose of broad definition is to broaden the MAI's scope of application; An analysis and comment on the MAI's general principles of treatment accorded to foreign investors and their investments, and points out that the MAI's provisions in this regard have negative impacts on developing countries; An introduction to the MAI's specific rules of treatment accorded to foreign investors and their investments in such new areas of international investment as performance requirements, investment incentives, key personnel, privatization, as well as monopoly, state enterprises and concessions. There is also: an analysis and commentary on the MAI's treatment provisions on investment protection, that is, the fair and equitable treatment and full and constant protection and security treatment as the general treatment, and the specific treatment with regard to expropriation and compensation, protection from strife and transfers; an introduction to and evaluation of the MAI's dispute settlement mechanism: the state-state procedure and the investor-state procedure, and; a conclusion.

This book analyzes how today's system of international trade law and international economic relations has evolved over the last six decades. Focusing on the major innovations that came with the inception of the World Trade Organization (WTO) with its various agreements in 1994, it also provides in-depth commentary on the intense debate over important matters that remain unsettled. Topics covered include the WTO dispute settlement mechanism; the General Agreement on Trade in Services (OATS); the Agreement on Trade-Related Investment Measures (TRIMS); intellectual property rights - the Agreement on Trade-Related Aspects of Intellectual Property Rights (TRIPS); areas still covered by the General Agreement on Tariffs and Trade (GATT) 1947; the Most Favoured Nation (MFN) concept; special provisions relating to agriculture and textiles; sanitary and phytosanitary measures; technical barriers to trade; pre-shipment inspection; and import licensing procedures. The book would be an excellent resource for scholars as well as practitioners working in the field of international arbitration and trade laws.

Extensive previous research has investigated environmental conflict management issues in networked settings and the design of policy networks, but the emergence and evolution of self-organizing policy networks are still not fully understood. Especially misunderstood is the problem of how the multiple motivations or incentives of competing policy actors in conflictual situations affect their structures of interaction, as this issue has not been studied systematically. This book aims to address the following research questions: how do policy stakeholders cope strategically with collective action or environmental conflict resolution? How do they utilize or maintain formal and informal policy networks to resolve problems effectively? What motivates them to engage or be involved in collaborative or conflictual networks? What influences their networking or their decisions on partner selection for conflict resolution? This book consists of four studies. The goal of the first study is to examine the form of a policy network by focusing on how policy networks emerge and evolve at the micro-level to solve collective action dilemmas endemic to decentralized and democratized policy decision-making processes, particularly in the environmental conflict resolution arena. The goal of the second study is to examine the main policy actors and structural characteristics of network governance evolution in the dynamic process of environmental conflict resolution. The goal of the third study is to highlight the role of policy tie formality in the evolution of multiplex ties in the environmental conflict resolution process. The goal of the fourth study is to demonstrate the relationships between patterns of interactions among policy actors and their modified and adjusted strategic behaviours within policy networks and across advocacy coalitions.

This book explores the transnational legal infrastructure for dispute resolution in transnational securities transactions. It discusses the role of law and dispute resolution in securities transactions, the types of disputes arising from them, and the institutional and legal aspects of dispute resolution, both generally and regarding aggregate litigation. It illustrates different dispute resolution systems and aggregate litigation methods, and examines the legal issues of dispute resolution arising from transnational securities transactions. In addition, the book proposes two systems of dispute resolution for transnational securities transactions depending on the type of dispute: collective redress through arbitration and a network of alternative dispute resolution systems.

The essentials of mergers and acquisitions (M & A) practice can best be examined from a buyer's perspective. In a corporate transaction, it is the buyer who typically faces the more substantial risks. In many instances, legal problems exist of which the buyer must be aware before deciding to purchase the target company. The book features a collection of reports by experienced young practitioners from seventeen different jurisdictions, along with a general report for a working session organised by the Corporate Acquisitions and Joint Ventures and Tax Law Commissions of l' Association international des jeunes avocats (AIJA) for the AIJA Annual Congress in Lisbon in August 2002. Each national report follows the same structure as the general report, but from a local perspective.

The book focuses, through multiple levels of international reality, on the pervasive and widespread effect of the Syrian civil war on the unravelling of established norms---both global or national--- which have determined international relations during the last seven decades. It postulates that since 2011, the Syrian situation has catalysed the breakdown of the international system based on the United Nations and the Bretton Woods institutions. The core international values fostered by that system now laid waste, among others, are sovereignty, non-interference, sanctity of UN Security Council approval for waging war, human rights, protection of civilian populations, and the right of people to choose their own governments/leaders. By making the UNSC powerless in providing humanitarian assistance or fostering cease-fire and peace-making it has called into question the principles which have been held immutable for seventy years. More importantly, these norms have been breached by their originators. The book takes a wider perspective melding together the civil war's international, regional and national consequences to understand how and why this one event has radiated profound consequences for the international system.

As the ultimate arbiter in the global trade regime, the dispute settlement system of the World Trade Organization (WTO) is a body whose workings should be known to business people and their counsel everywhere. Here is a book - reviewed for accuracy by the WTO but written independently - that provides an uncomplicated but thorough explanation of the system, its purpose, its rules, and the role it plays in the management of the international economy. Peter Gallagher, a former trade negotiator and a specialist in the Uruguay Round agreements, answers such questions as: what sort of disputes does the WTO deal with?; can business or citizens use the WTO dispute system?; is it possible to get a temporary injunction to stop some action?; how much does it cost a to bring a case?; how far can you keep on appealing a decision?; what processes does a Panel follow?; what does the Appellate Body review?; what process does the Appellate Body follow?; how does intervention by other parties affect a dispute? As a handy guide to "bringing a case" before the WTO, or responding to a case already in progress, this easy-to-use book should prove an ideal starting point for lawyers, business people, or government officials confronted with a disputable trade issue.

This book addresses current developments concerning the interpretation of the United Nations Convention on the Law of the Sea (UNCLOS) on the part of international courts and tribunals. It does so from different perspectives, by focusing on the jurisprudence of international and regional bodies, such as the International Court of Justice (ICJ), the International Tribunal for the Law of the Sea (ITLOS), the European Court of Justice (ECJ) and the European Court of Human Rights (ECtHR), as well as international arbitral tribunals and the World Trade Organization (WTO) Dispute Settlement Body. The various contributions offer in-depth analyses of issues ranging from the interaction between the sources of the International Law of the Sea, to various substantial, procedural and institutional aspects of the regulatory framework established by UNCLOS. The book also focuses on the reference by international courts and tribunals, in Law of the Sea cases, to both general principles and rules concerning interpretation codified in the Vienna Conventions on the Law of Treaties.