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.

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.

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.

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

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.

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.

What does an athlete do when she is not allowed to take the start of the Olympic finals because of a positive doping test or he is not allowed to compete at the Games for reasons of nationality? He or she brings the case before the ad hoc Division of the Court of Arbitration for Sport, an arbitral body first created on the occasion of the 1996 Games in Atlanta, which is present on site and resolves all disputes within 24 hours. Written by its former President, who teaches and practices international dispute resolution in Geneva, Switzerland, this book tells the story of the ad hoc Division from Atlanta to Sydney over Nagano. It gives an account of the cases resolved, discusses the Arbitration Rules, and explains the practical operation of the Division. It also reviews all the main arbitration law issues which the Division faces, including jurisdiction, arbitrability, due process, the choice and proof of the applicable substantive rules, the remedies against the award, as well as some sports law issues, such as field of play rules or strict liability for doping offenses.

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.

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.

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.

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.

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.

Das Buch vermittelt praxisbezogen die grundlegenden Prinzipien, Methoden und den Ablauf der erfolgreichen Mediation. Im Mittelpunkt stehen bewahrte Kommunikations- und Gesprachstechniken, Beginn und Durchfuhrung der Mediation, der Mediationsvertrag und die Abschlussvereinbarung sowie ein historischer Abriss. UEbersichten veranschaulichen die Struktur des Gesprachs im Mediationsverfahren; zahlreiche Praxisbeispiele, Checklisten und Formulierungshilfen erleichtern die Umsetzung. Die klare und ubersichtliche Darstellung ermoeglicht das schnelle und gezielte Nachschlagen zentraler theoretischer und praktischer Aspekte der Mediation. Ein auf die Phasen der Mediation bezogenes Sachverzeichnis ermoeglicht das Nachschlagen von Techniken und Checklisten, die zum jeweiligen Verfahrenszeitpunkt hilfreich sind. Das Buch richtet sich an Mediatoren in der Ausbildung ebenso wie an erfahrene Praktiker. Die 2. Auflage enthalt die relevanten Erganzungen des Mediationsgesetzes durch die ZMediatAusbV und Hinweise zur (Selbst-) Zertifizierung. Ein zusatzliches Kapitel widmet sich u.a. der Konfliktklarung in interkulturellen Kontexten und der Mediation bei Beteiligungsprozessen bei Veranderungen im Unternehmen. Auch die Herausforderungen des "internen Mediators" sowie der Mediation in geschlossenen Systemen wie etwa auf (Kreuzfahrt-) Schiffen oder Justizvollzugsanstalten werden berucksichtigt. Das Buch endet mit einem Ausblick auf Mediation im Kontext der Digitalisierung