This book looks at how international treaties can be used to establish successful national programmes. It is concerned specifically with national mine action programmes, focusing on the capacity of the national governments (also referred to as "the state") to implement the "Convention on the prohibition of the use, stockpiling, production and transfer of anti-personnel mines and on their destruction." The Convention, which is also referred to as the Mine Ban Treaty (MBT) or "Treaty," was finalised on September 18, 1997 in Oslo. Ten years after its creation, the Treaty has proven a successful tool to address the humanitarian disaster caused by landmines, yet most of the mine affected country signatories to the MBT have not been able to meet their clearance deadline. This book examines the underlying reasons for the discrepancy between the terms of the Treaty and the reality of its implementation, exploring its successes and shortcomings. In doing so, the book sets out to answer the research question: considering the disparate levels of success among countries committed to implementing the Mine Ban Treaty, what are the key functions of governments and governance structures in ensuring the successful implementation of the Treaty?

Mediators assisting divorcing parties face many challenges not found in mediations of other types of cases. Never do emotions run higher than when children are involved. Who gets primary custody? How will visitation be determined or divided? How will support amounts be decided? Then there are the marital assets that need to be divided, the tax consequences to be considered, etc. There is a long list of items to be negotiated and then memorialized in a separation agreement. Non-lawyer mediators need to know what they can and cannot do to assist clients with these agreements. This guide will help them be able to assess the risks and to navigate more safely as they practice their craft. The goal is to maximize their effectiveness as practitioners, and by all means, to assist them in avoiding a charge of the unauthorized practice of law. b has given the current state of the art a gift. He takes us on an "Bob has given the current state of the art a gift. He takes us on an important walk through history, shares the current "standards" and makes some wise observations about where we are, where we might go and how to navigate while the field matures. Your understanding, awareness and comfort will definitely increase. Although there will still be uncertainty you will have the basis to make sound assessments about the edges of what is acceptable. If you are a beginner or a full time mediator working in the trenches this book is a must read." - Stewart Levine, Esq. Founder of www.ResolutionWorks.com Author of Getting to Resolution and The Book of Agreement

A must read for everyone involved in or affected by conflict. The Crossroads of Conflict: A Journey into the Heart of Dispute Resolution argues that all conflicts are "cross-roads" and catalysts for learning, evolution, growth, and wisdom. It shows how to locate the root sources of conflict and remove the barriers to reconciliation, collaboration, and community. Ken Cloke's unified theory for resolving conflict is ground-breaking and destined to become a cornerstone of the future of dispute resolution.

Conflict resolution manual that combines contemporary approaches with the peacemaking legacy of Saint Francis of Assisi.

Tony English wrote Tug of War for negotiation experts and others who might be interested in a fresh analytical method which draws on the literature of negotiation but delves into many other disciplines, including international relations, fine arts, philosophy, management, anthropology and psychology. The book focuses on international negotiation but is relevant to negotiation in general. Tony interviewed many veteran negotiators in diplomacy, hostage release and business. He weaves the rich character, skills and experience of individual veterans into the book, and presents two cases in fine detail. The informants include: Hugh Davies, lead British negotiator for the return of Hong Kong to China; Sir Alan Donald, British Ambassador to China and several other countries; Terry Waite, of Beirut kidnap fame; Meg McDonald, Australian Ambassador for the Environment and team leader for the greenhouse gas negotiations at Kyoto; Malcolm Lyon, Australia's lead negotiator for the Torres Strait Treaty with Papua New Guinea; Don Kenyon, Australian Ambassador to Belgium, Luxembourg and the European Union, and former Chairman of the WTO's Dispute Settlement Body; Doug Anderson, Managing Director of P & O Ports; Sam Passow, Research Director of London's Centre for Dispute Resolution; Geo Goon, a major exporter of fruit and vegetables from Australia to the Middle East; Steven Hochman and Kirk Wolcott, dispute resolution advisers to President Jimmy Carter; and a few others who needed anonymity. Tony also draws on his own experience in several countries. At the core of the book is the tension, which comprises complementary phenomena, both physical and abstract, that compete for influence over our behaviour. Profuse forces generate tensions. Tony presents a model of negotiation context that comprises tensions and the forces generating them. Expert negotiators are expert tension managers and therefore have high 'contextual intelligence', a variation on Robert Sternberg's concept of Successful Intelligence in cognitive psychology. Tony links contextual intelligence with seven traits identified in his veterans. Some writers refer to the tension but neglect its nuances and miss its generic value in analyzing negotiations and other human activity as people try to impose manageable order on chaotic information. We are all tension managers, whether or not we are aware of it.

The classic advocacy guide for trial lawyers, Common Sense Rules of Advocacy for Lawyers has been hailed by attorneys, mediators and professors nationwide. It's the practical advocacy guide designed for anyone who must persuade others, including attorneys, lobbyists, negotiators, account executives, law students, sales professionals, and parents.

"Reading this book would profit any advocate of any experience level. Judicious application of the advice contained in the book will make anyone a better advocate."
-- George R. (Bob) Dekle, Legal Skills Professor, University of Florida, Retired Assistant State Attorney, Third Judicial Circuit of Florida (successfully prosecuted Ted Bundy)

"Keith Evans, the author of Common Sense Rules of Advocacy for Lawyers, is an experienced trial lawyer. He has studied the game from the inside and he has seen things others have missed. He has distilled his experience and offers it up in the brisk aphoristic style that brought him his success in the courtroom. The book is a valuable review for the old timers and an excellent primer for those who are starting the climb."
-- Jacob A. Stein, Stein, Mitchell & Mezines, Washington, DC

"This is a terrific guidebook that should be followed by all young trial lawyers. While it is true that these rules are based upon common sense and that most seasoned trial lawyers will figure them out over time, this book will allow young advocates to benefit from all the painful lessons learned by inexperienced lawyers before them."
-- Philip H. Corboy, Corboy & Demetrio, Chicago, IL

"Down to earth advice for the advocate. Keith Evans' book provides important, down-to-earth advice and guidance for both the novice and experienced advocate. Having adjudicated many, many cases, I wish every advocate would review these practical rules for effective advocacy. All advocates will benefit from this helpful book."
-- Jay Grenig, Arbitrator

"Common Sense Rules of Advocacy for Lawyers is a superb how-to book for the trial lawyer. The author, Keith Evans, walks the reader through the essentials of effective trial advocacy, teaching every step of the way while at the same time never sounding the slightest bit like a lecturer. The scope of the book -- everything from what to wear in the courtroom to writing a trial brief -- is truly impressive, yet the author maintains a tone that is refreshingly readable. The author never loses sight of the underlying rules of evidence, procedure, and ethics, but his real genius is translating those rules into -- as the title says -- common sense rules of advocacy. I wish I had had this book when I was a young lawyer. I highly recommend it."
-- Karl Tegland, author, "Courtroom Handbook on Washington Evidence"

"Advocacy is an art as well as a skill, and Keith Evans presents the rules of mastering that art in a very down to earth manner. Filled with humor and eminently readable, his book is a great introduction for the new lawyer and a wonderful learning tool for the advocate with experience."
-- Sherman L. Cohn, Professor, Georgetown University Law Center (first national President of American Inns of Court)

"Even the most experienced trial lawyer can pick up some new techniques here. I will heartily recommend it to my Trial Advocacy students."
-- Frederick C. Moss, Professor, Dedman School of Law, Southern Methodist University

Complete Table of Contents available online at www.RulesOfAdvocacy.com

Cross Cultural Management and Negotiation Practices is about managing cultural differences throughout a country or organization, according to some basic principles of professionalism and open communication. One has to understand each individual and let people freely voice their opinion in order to maximize their efficiency and productivity toward the complex solutions we all face in today's cross-cultural work environments. Likewise, professionals need to have great management and negotiation skills while working toward the objectives of maximizing shareholder benefits in the organization. Cross Cultural Management and Negotiation Practices is divided into four parts and includes subjects that each can be a specialization of study in itself. Part I provides information on culture and management as well as ethical challenges that managers and expatriates face across the globe; Part II provides an overview of negotiation fundamentals, negotiation model, and negotiation steps which can be used by expatriates in international assignments; Part III discusses practical skills such as communication and conflict management along with expatriate, as well as repatriate, training and development strategies; and Part IV offers a variety of cases to emphasize specific concepts and reflect upon real world challenges that can be used to facilitate various topics and reflect upon their learning outcomes. Overall, this book attempts to shed some light, albeit briefly, on specific area by introducing the reader to the major topics and issues in cross-cultural management and negotiations. Understanding these subjects require examining one's own beliefs and values as well as learning the skills of dealingappropriately with those whose beliefs and values may be very different. The author and contributors have used the concepts discussed in this book both nationally and internationally with academic and practitioner audiences to help increase their awareness of management, international management, negotiations, communication, and different cultures. The concepts, cases and exercises have been gleaned from a variety of sources and professionals in the United States and others around the globe. As such, these are very relevant to today's work environment, and thus can easily fit most management, international management, or cultural competency courses, seminars, and employee development workshops. Management trainers, corporate universities, colleges or professors wishing to adopt this book or any of its chapters may contact the publisher or the author to request the available supplementary facilitator's materials such as the electronic Power Point files for presentation, chapter summaries for usage with lectures and online postings, test questions for discussions or exams, and/or other supplementary material for exercises. The Instructor's CD (resources) come electronically using Microsoft Power Point, Word, and Excel files; as such, they can be adjusted by each educator and facilitator for his or her lectures, training and presentations.

At times during our lives we all experience conflict leading to dispute where direct negotiations are failing. Follow the stories of ordinary people in dispute and the role of mediation as facilitated negotiation succeeding in reaching agreement. Save money, time, and stay in control of decision making by mediating and not litigating.

For over twenty-five years, Author Mary Greenwood has been resolving disputes in her professional career as an Attorney, Mediator, Human Resources Director, Union Negotiator, and Labor Arbitrator. Her book "How to Negotiate Like a Pro," Which has won six book awards, was based on her experience as a Union Negotiator. The sequel "How to Mediate Like a Pro" is based on her experience as a Mediator in over 7000 cases. Greenwood noticed that there were certain Rules or characteristics of The cases that settled that were not present in the cases that did not settle. Among those Rules you will find the following: Be A Devil's Advocate You Can Mediate With A Lunatic Everyone Makes Mistakes Let The Parties Tell Their Story Know When To Fold Greenwood lists each Rule and Script and offers a concise explanation on how and when to use it in Mediation. "How to Mediate Like a Pro" presents strategies and practical tips for the Mediation process. It will give you insight on how to deal with difficult parties, how to break an impasse and how to close the deal. After you read this book, you will be able to Mediate Like A Pro.

Daniel Malacara, PhD, is a Professor at the Centro de Investigaciones en Optica, Leon, Gto, Mexico. A designer and constructor of optical instruments, including telescopes, he is well known for his books, including Optical Shop Testing, which has been translated into several languages. Dr. Malacara is a Fellow of the Optical Society of America and of SPIE, the International Society of Optical Engineering.

The second edition of International Investment, Political Risk and Dispute Resolution explores the multi-layered legal framework for the protection of foreign investment against political risk. The authors expertly analyse some of the key issues surrounding this subject, such as structuring transactions to minimize political risk, political risk insurance, state responsibility, treaties protecting foreign investment, and international arbitration between states and investors. Since the previous edition was released in 2005, far more attention has been paid to these issues, in particular investor-state arbitration. All chapters have been revised to take into account the number of new arbitration awards that have come to light and the massive volume of commentary on the subject of international investment arbitration since the first edition. The authors have carefully considered the latest theoretical approaches to foreign investment protection and the most intellectually challenging awards issued in the intervening decade, as well as the most recent practical guidance on the procedural recourse available to investors who face political risks. This book is addressed to a wide audience, and is suitable as a primer for non-specialist practitioners seeking to familiarize themselves with international law pertaining to political risk. While appropriate for practitioner use, this book is also suitable for undergraduate students or for graduates who intend to specialize in international investment law.

Osler is internationally known as one of Canada's leading corporate/commercial law firms. In this incomparable guide for practitioners, three experienced Osler lawyers - one each in Ontario, Quebec, and Alberta - provide an easy-to-use practical overview of the law of domestic and international arbitrations in Canada. With lucid clarification of applicable legislation, both federal and provincial, and analysis of relevant case law, the guide offers great assistance in the preparation, negotiation, process, and conclusion of arbitration agreements in Canada. Among the topics covered are the following: important issues and key cases in all Canadian provinces and territories and under federal legislation; practical reasons to use arbitration and what to consider in preparing arbitration agreements; drafting arbitration clauses to manage risk; protection of confidential information; staying court proceedings in favour of arbitration; and appealing and enforcing awards. Emphasizing the major jurisdictions of Ontario, Quebec, Alberta, and British Columbia, the guide will be of immeasurable value to in-house and external corporate counsel, litigation lawyers, international lawyers, and business people, as well as to students of dispute resolution.

The book examines principles of arbitration law as they apply to many common law and civil law jurisdictions. In many countries, the use of alternative dispute resolution to resolve matters in areas relating to, say, foreign direct investment and industrial unrest has been heralded by many as a cost-effective way of settling disputes. Chapters in the book cover, among other things: the efficacy of the legal framework for arbitration in Zambia under the Arbitration Act 1933; the efficacy of the legal framework for arbitration under Zambia's Arbitration Act 2000; aspects of international law applicable to the legal framework for arbitration; and efforts to develop international and regional frameworks for arbitration.

This superb Digest now provides the most accurate, comprehensive and dependable source for the entire case-law of the Supreme Court on the subject of Arbitration since the inception of the Supreme Court till date. Several cases covered herein will not be found anywhere else. The analysis is detailed and thorough to bring out more points from each case. The arrangement and plan of the Digest enables easy and quick access and enables the reader to reach the relevant rulings more conveniently by whatever route he may begin his search for the relevant rulings, be it the Topic approach, Statute approach or the Case-method approach. Additionally, the work provides the text of the important statutes dealing with Arbitration and Conciliation: The Arbitration and Conciliation Act, 1996; The Arbitration Act, 1940; The Arbitration (Protocol and Convention) Act, 1937; The Foreign Awards (Recognition and Enforcement) Act, 1961; UNCITRAL Model Law and its Rules on Arbitration and Conciliation; and, Convention on Recognition and Enforcement of Foreign Arbitral Award. Outstanding features include: the most thorough and comprehensive Digest on Arbitration Law Cross-citations of all important law reports provided; topic and Statute-wise arrangement - easy and quick access; elaborate cross-references; bench strength and coram; date of decision; both reported and unreported judgments covered; most comprehensive coverage of case-law; valuable editorial notes; annotations; and, unique time saving features give value for money. This is the only authoritative and accurate digest on Arbitration law Excellent paper, printing and binding Top-class publication. Additional features include: case-law now updated till January, 2003; a detailed subject-index at the end enables quick reference to the various topics and the sub-topics; the Table of cases digested is another useful feature of the work in as much as from any known case one can reach other digest notes on the same point naturally placed near the digest note(s) of the known case. It is an indispensable work for Arbitrators, the Judiciary and the learned members of the Bar and all others who need to know the law enunciated by the Hon'ble Supreme Court of India, the relevant statutory law and international documents upon which the law of Arbitration and Conciliation is based.

Legal systems in the Caribbean still reflect those of the original European host countries. However, current commercial practice pays no respect to historic boundaries. Inevitably, disputes will arise. The use of arbitration as a method of settling commercial disputes in the Caribbean is gaining ground. Arbitration as an alternative to our over-stressed court system has the potential to result in the speedy, economic and equitable settlement of commercial disputes. In this layman's guide, Stoppi addresses the tremendous and urgent need for a basic understanding of the process of alternative dispute settlement in the Caribbean. He draws together the various practical and, to a lesser extent, legal aspects of the regional laws, procedures and rules of arbitration and its offshoots: adjudication, mediation and conciliation. Stoppi also takes a comparative look at the different but analogous practices of alternative dispute resolution entrenched in the legal and commercial environments in Europe and the United States. This book will be of practical use to all people seeking to enhance their understanding of the process of arbitration in the Caribbean.

The third volume in The Permanent Court of Arbitration/Peace Palace Papers series, published by Kluwer Law International, reproduces the papers presented at the Third International Law Seminar, held at the Peace Palace on February 23, 2001. This seminar, which was organized in cooperation with the European Organization for the Safety of Air Navigation (EUROCONTROL), addressed a topic of pressing interest to private practitioners, governments, and international organizations: the role of dispute resolution mechanisms in the fields of air and space law and telecommunications activities. In this publication, prominent experts examine the international instruments in air, space, and telecommunications law and the need for a mandatory supranational dispute settlement mechanism. The EUROCONTROL draft Arbitration Policy is dealt with in great depth by various authors, and the experiences of the European Space Agency and the International Telecommunications Union with respect to dispute settlement are also reviewed. More general issues of pre-arbitration procedures, expedited arbitration, enforcement, and the need for specialist expertise are also considered. This volume also features a French language summary of the seminar papers, and reproduces texts of the 1997 EUROCONTROL Revised Convention, the EUROCONTROL draft Arbitration Policy, and the Final Draft of the Revised Convention on the Settlement of Disputes Related to Space Activities.

New arbitration legislation throughout the world is based on the highly successful UNCITRAL Model Law on International Commercial Arbitration, and an ever-increasing body of arbitration specialists in the legal community have all contributed to improving the relationship of national courts and arbitration. Yet many issues still remain in this "never-ending story". These issues are explored in this text, which contains the proceedings of the ICCA Conference 2000 held in New Delhi, India, in March 2000. This conference, hosted by the Indian Council of Arbitration, explored four topics covering the full range of the arbitral process: the contract, the arbitral proceedings, interim relief, and enforcement. These issues are addressed both from a global point of view and with a particular focus on the recent Indian Arbitration and Conciliation Act 1996, the text of which is reproduced in the Annex.

The contents of number 26 of the Forum International Series are related to procedural law. The first lecture has been written by Klaus Peter Berger. It deals with the new German Arbitration Act. He provides a brief account of the drafting history of the new law, highlights six important areas of international arbitration law and practice, and explains the solutions chosen by the German legislator. He treats, among other topics, arbitrability, arbitral interim relief and conflict of laws. An English translation of the German Arbitration Act can be found at the end of the text. The second lecture is written by Catherine Kessedjian and has as its topic the future Hague Convention on International Jurisdiction and Recognition and Enforcement. As deputy Secretary-General of the Hague Conference on Private International Law, Mrs. Kessedjian is heavily involved in the activities concerning this convention. The lecture discusses the need for such a convention and the structure such a convention could adapt (single, double or mixed). Furthermore, some grounds for jurisdiction, such as those for disputes relating to contracts and torts, the forum non conveniens and provisional measures, are discussed in more depth, as are the basic requirements for enforcement. At the end the question is raised as to which mechanism can be devised to create a forum in which questions of interpretation can be solved in an easy and quick manner and against low costs, and how uniform interpretation can be guaranteed.

The many and varied recent developments in the field of international commercial arbitration in 1999, are brought together in this volume of the Yearbook Commercial Arbitration. As in previous volumes, the accent lies on cases in the form of arbitral awards and court decisions, 80 in total. They are selected for inclusion for their general interest and relevance to international practice, presented in a uniform style and translated into English from Arabic, Dutch, French, German, Italian, Japanese, Russian, Swedish and Spanish, as the case may be. The selection of arbitral awards covers a broad spectrum of commercial sectors: finance, maritime, commodities and manufacturing, as well as a variety of contract types such as consultancy, distributorship, foreign investment and sales. The awards also examine many aspects of procedure such as assignment and succession, jurisdiction, determination of the applicable law (including lex mercatoria), interim measures and the powers of arbitrators. ICSID, ICC and Iran-US Claims Tribunal awards are included as well as awards from German, Italian, Japanese and Russian arbitral institutions. The North American Free Trade Agreement (NAFTA) has a place in the Yearbook for the first time in the form of a Decision on the place of arbitration and Award on jurisdiction by an ad hoc tribunal constituted under this Agreement and applying the UNCITRAL Rules. Prominence is given to the reporting on the 1958 New York Convention where 42 decisions from 15 jurisdictions comprising 13 countries, the Court of Justice of the European Communities and the Full Tribunal of the Iran-US Claims Tribunal are included. Common themes are the requirement of an arbitration agreement in writing, the binding effect of arbitral awards, the role of EU procedural and substantive law in arbitration, procedural flaws in the arbitration which may constitute a violation of public policy, sovereign immunity, and the balance of interests between finality of awards and the illegality of the underlying contract. Several decisions applying the 1961 European Convention and the 1975 Panama Convention are also published. The Yearbook additionally publishes a selection of leading court decisions from various countries which will impact arbitration practice in general. This year's selection includes decisions for eight countries and the Court of Justice of the European Communities on such topics as interim measures, the role of EU law, confidentiality, public policy and illegality, and "unconscionable" arbitral clauses. Other features of the Yearbook are the newest rules from the American Arbitration Association (AAA), the China International Economic and Trade Arbitration Commission (CIETAC) and the Stockholm Chamber of Commerce (SCC) and the recently amended Supplementary Rules Governing the Taking of Evidence in International Commercial Arbitration of the International Bar Association with an Introduction by David Rivkin. New or amended arbitration legislation is announced in Recent Developments in Arbitration Law and Practice, with references to the Yearbook's sister publication, the International Handbook on Commercial Arbitration, where the full text of the legislation will be published in English, along with a National Report setting out the law and practice of arbitration in that country. The Yearbook also provides a Bibliography, listing journals and announcing the newest publications in the field of arbitration, including ADR.