Most books on international commercial arbitration approach the subject through legal theory supported by anecdotal evidence. This remarkable book is distinguished by its focus on the application of quantitative empirical research to the study of international arbitration. It collects, together with commentary, the existing empirical literature on the subject, and also presents several studies published here for the first time. Written in an easily accessible, non-technical manner, Towards a Science of International Arbitration provides the starting point for future empirical research on international arbitration by collecting the existing empirical literature in one place and by suggesting possible topics for research.

This book provides answers to the following questions. Is there a bright future aheadfor a European Public Prosecutor's Office? If so, is the regulation establishing the officesufficiently clear and balanced to attain that goal? Moreover, will the office be able toeffectively fight fraud now damaging the EU's budget and will it respect the fundamentalrights of the parties involved? Included are issues ranging from EU substantive and procedural criminal law, combattingEU fraud, the distribution of competences in European law enforcement,EU fundamental rights, to forum choice. The book's aim is to inform academics,policy-makers and criminal law practitioners about key issues surrounding theattribution of prosecutorial powers to an entirely remodelled European Union body. Indoing so, it sheds light on this body, as fundamentally changed by the Council, whichwill undoubtedly have a greater impact on the European criminal justice system thanthe European Arrest Warrant ever did. Dr. Willem Geelhoed is Assistant Professor in criminal law and criminal procedureat the University of Groningen, The Netherlands, and Drs. Leendert H. Erkelensand Prof. Mr. Arjen W.H. Meij are both Visiting Research Fellow at the T.M.C. AsserInstituut in The Hague in The Netherlands, while the latter is also Honorary Professorat the University of Luxembourg.

The 1964 Civil Rights Act confirmed the central role of the Department of Justice in the national battle against racial discrimination. Congress had established the department's Civil Rights Division in 1957 with a staff of a dozen to combat racial discrimination in voting; its current staff of 500 now prosecutes many forms of discrimination in employment, housing, education, and other areas.

"In Enforcing Civil Rights," a former member of the CRD focuses on the role of that agency in combating the racial caste system in America. Brian Landsberg's overview of civil rights enforcement reveals the political realities and national priorities that shaped it; the moral, practical, and political forces that have influenced it; and the roles of the federal government, executive branch, and Attorney General in implementing it.

Drawing on case law, legislative histories, Justice Department archives, and his own years of service, Landsberg provides a reflective insider's view of how the CRD has enforced civil rights. He tells how Congress broadened its mandate-from authority to sue state and local governments to jurisdiction over individuals and companies-and how the CRD weathered Washington's shifting political winds. He also conveys the challenges that came with the responsibility of enforcing legislation for an entire nation and describes the roles of law, politics, and historical forces in the CRD's setting of priorities and litigation policy.

In addition, Landsberg addresses conflicts between career civil servants and political appointees, studies the consequences of its litigation positions, and considers whether the structure of enforcement should be changed. He offers some sensible recommendations for rationalizing and strengthening the federal civil rights enforcement structure.

The CRD has done much to eliminate America's racial caste system, but Landsberg cautions that we must take care to ensure that it does not become a tool of narrow interests. His book provides the understanding we need to safeguard against that risk, while offering a new perspective on the civil rights movement in America.

The book provides a comprehensive analysis of the advisory role of the International Court of Justice in light of its jurisprudence and overall contribution over a period of more than 55 years. The author highlights the "organic connection" between UN organs and the Court and the Court 's contribution as one of the UN 's principal organs to the Organisation. The basic argument of this study is that the advisory function should be understood as a two-sided process involving the interplay between UN organs and the ICJ. The request for and the giving of an advisory opinion is a collective coordinated process, involving more than one organ or part of the Organisation.

A concise presentation of the authors' first-hand experience with the procedural history of the Iran-United States Claim Tribunal in The Hague. The authors' analysis can be divided into three major themes, the first being the examination of the establishment of an arbitral tribunal. It investigates the first intent of the UNICITRAL framers, as evident from the travaux preparatories, and then inspects how the rules were interpreted, changed and applied in the Tribunal. Part Two includes the Arbitral Proceedings, including but not limited to pleadings, rulings, interim measures of protection, and default and waiver. The concluding section comprises awards and decisions, applicable law, motions and costs.

This extraordinary book, the first thorough analysis of the current state of commercial mediation practice in Europe, is based on face-to-face interviews and responses to questionnaires involving the participation of 25 renowned European mediators, with complementary contributions by 20 business people who have used mediation extensively. Among the areas of interest that arise are the following: typical areas of application of commercial mediation; types of disputes where commercial mediation is most beneficial; reasons why companies opt for mediation; dispute stages at which mediation may be most useful; length of the mediation process; costs of the process; likely causes of the considerable guardedness of enterprises against mediation; the role lawyers play as gatekeepers; the power factor and other imbalances; the role of provider agencies; and various approaches to mediation style. Participants have been chosen from Austria, Germany, France, England, Scotland, Denmark, Norway, Sweden and Finland, with the aim of including all the dominant European legal traditions. There are numerous case studies, including the role of mediation in such major projects as the Vienna Airport, the Eurotunnel, and the A resund link bridge. The book contributes to the further professionalism of ADR in Europe by providing accurate information on the functionality of the process and its attainable results. In addition to describing the professional performance of European mediators working in the world of business, the author's analysis crystallizes the processes, models, and strategies that characterize the practice of commercial mediation in Europe. With this book potential clients, practicing mediators, lawmakers, and other decisionmakers can base their actions on reliable scientific findings proven by practical experience.

This book is concerned to explore the idea of imaginary penalities and to understand why the management of criminal justice and criminal justice systems has so often reached crisis point. Its underlying theme is that when political strategies of punitive populism are combined with managerialist techniques of social auditing, a new all-encompassing form of governance has emerged - powerless to deliver what it promises but with a momentum of its own and increasingly removed from proper democratic accountability. A highly distinguished international group of contributors explores this set of themes in a variety of different contexts taken from the UK, N. America, Europe and Australia. It will be essential reading for anybody seeking to understand some of the root causes of increasing prison populations, social harms such as recidivism and domestic violence and the increasingly important role of criminal justice within systems of governance.

The need to balance power between the Member States and the Union, and between public power and the market, has created powerful constitutional dilemmas for the European Union. This new book describes and analyzes the new Economic Constitution developed by the European Court of Justice. In doing so it discusses different constitutional models and forms of legitimacy and evaluates the limits to state and public intervention in the market, the division of competences between Member States and the EU, the principle of non-discrimination, and the notion of fundamental rights. This leads to a critical examination of the process of constitution-making in the EU, and the role of the Court of Justice in this process.

This book traces the rise of contemporary populism in Western democracies, marked by the return of would-be 'strong men' politicians. It seeks to make sense of the resultant nature, origins, and consequences -as expressed, for example, in the startling rise of the social movement surrounding Trump in the US, Brexit in the UK and the remarkable spread of ideologies that express resistance to "facts," science, and expertise. Uniquely, the book shows how what began as a form of penal populism in the early 1990s transformed into a more wide ranging populist politics with the potential to undermine or even overthrow the democratic order altogether; examines the way in which the Covid-19 pandemic has impacted on these forces, arguing it threw the flailing democratic order an important lifeline, as Vladimir Putin has subsequently done with his war in Ukraine. The book argues that contemporary political populism can be seen as a wider manifestation of the earlier tropes and appeal of penal populism arising under neo-liberalism. The author traces this cross over and the roots of discontent, anxiety, anti-elites sentiment and the sense of being forgotten, that lie at the heart of populism, along with its effects in terms of climate denial, 'fake news', othering, nativism and the denigration of scientific and other forms of expertise. In a highly topical and important extension to the field the author suggests that the current covid pandemic might prove to be an 'antidote' to populism, providing the conditions in which scientific and medical expertise, truth telling, government intervention in the economy and in health policy, and social solidarity, are revalorised. Encompassing numerous subject areas and crossing many conventional disciplinary boundaries, this book will be of great interest to students and scholars of criminology and criminal justice, sociology, political science, law, and public policy.

This book results from the Herculean task of gathering, evaluating and analyzing criminological data for a period in the history of Japan, the Showa Era, during which even the recording of data was dramatically affectedby change. This book is an essential, exemplary tool for everyone intersted in criminological topics.

The Inner Temple is many things to many people: a community of highly motivated and highly trained professionals; a cluster of fine buildings in the heart of London; an honourable society with its own etiquette, rules and traditions; an institution proud of more than six centuries of history.This richly illustrated celebratory volume published on the occasion of the institution's 400th anniversary, will reflect the distinctively collegiate life in the Inner Temple through stimulating and entertaining individual memories, anecdotes and stories of members of the Society.Themes and topics in the book include: The Temple of the Knights; the coming of the lawyers; Lord Robert Dudley; the pegasus and the revels; from Chaucer to Mortimer - the Inn's literary connections; learning the law; architectural heritage' the Inn's treasures; Lord Chancellors; illustrious and notorious members; life at the Bar and in chambers; the Inner Temple and the wider world and, a day in the life of the Inn.

International Arbitration in Latin America features:
- a comprehensive and thorough overview of commercial arbitration in Latin America;
- a detailed analysis of the law and insight from local practitioners from Argentina, Brazil, Chile, Colombia, Ecuador, Mexico, Peru and Venezuela;
- a brief look at the rules and peculiarities of the proposed Mercosur International Commercial Arbitration Agreements entered into by Argentina, Brazil, Paraguay, Uruguay, Bolivia and Chile, whose eventual ratification and coming into force is contemplated;
- an examination of the adoption of arbitration as a method of dispute resolution for investors against states under bilateral investment treaties, over 300 of which have now been signed in the region;
- the text of the key sections of the international conventions to which reference is made (Panama Convention, NAFTA, Mercosur); and,
- a description of the increasing use of alternative dispute resolution in Latin America and how it might be bes used as a complement for arbitration proceedings, with an emphasis on complex projects where staged dispute resolution might be appropriate.

A revealing examination of the Supreme Court's justices and their "cautiously moderate" jurisprudence during the ten-year tenure of Chief Justice Salmon Portland Chase. The Chase Court: Justices, Rulings, and Legacy examines the workings and legacies of the Supreme Court during the tenure of Chief Justice Salmon Portland Chase. Accompanying an in-depth analysis of the Chase Court's landmark rulings on Civil War and Reconstruction issues that shaped U.S. history-such as military commissions and the status of seceding states-are detailed discussions of the Court's rulings on government-issued paper currency "greenbacks" and the newly ratified 14th Amendment. Salmon Portland Chase's role as the first chief justice to preside over the impeachment of a president is carefully examined. Profiles of the 13 Chase Court justices describe their rise to prominence, controversies surrounding their nominations, work on the court, judicial philosophies, important decisions, and overall impacts. A-Z entries include the significant rulings involving Reconstruction and restoration of the Union such as Ex parte Milligan (1866), the Test Oath Cases (1867), Ex parte McCardle (1868), and Texas v. White (1869) An analysis of the historical impact and continuing legacy of decisions such as the Court's narrow interpretation of the 14th Amendment in the famous Slaughterhouse Cases

Social movements provide the engine of legal change and law itself spurs social movement activity. This issue of "Studies in Law, Politics and Society" examines the legal life of social movements and their impact on law. The articles collected here take up social movements in several different nations, including France, South Africa and Canada, asking us to consider the way context is reflected in movement activities.

Expertly drawing on international examples and existing literature, Penal Populism closes a gap in the field of criminology. In this fascinating expose of current crime policy, John Pratt examines the role played by penal populism on trends in contemporary penal policy. Penal populism is associated with the public's decline of deference towards criminals and paranoia that crime is out of control. Pratt argues that new media technology is helping to spread national insecurities and politicians are not only encouraging such sentiments but are also being led on by them. Pratt explains it is having most influence in the development of policy on sex offenders, youth crime, persistent criminals and anti-social behaviour. Perhaps explaining why in many Western countries prisons rates have soared while crime rates have been declining. This topical resource also covers new dimensions of the phenomenon, including: the changing nature and structure of the mass media; less reliance on the more orthodox expertise of civil servants and academics; and, limitations to the impact of populism, bureaucratic resistance from judges, lawyers and academics and the restorative justice movement. in criminology and crime policy.

This fifty-first volume of annotated leading case law of international criminal tribunals contains decisions taken by the SCSL in the years 2012-2016. It is the last volume on the Special Court for Sierra Leone. It provides the reader with the full text of the most important decisions, identical to the original version and including concurring, separate and dissenting opinions. Distinguished experts in the field of international criminal law have commented the decisions. An index is included.Annotated Leading Cases of International Criminal Tribunals is useful for students, scholars, legal practitioners, judges, prosecutors and defence counsel who are interested in the various legal aspects of the law of the ICTY, ICTR, ICC and other forms of international criminal adjudication. The Annotated Leading Cases of International Criminal Tribunals are also available online. This service facilitates various search functions on all volumes of all international criminal tribunals. See for information on the online version of this series:http://www.annotatedleadingcases.com/about.aspx.

There is an urgent need to better understand the legal issues pertaining to alternative dispute resolution (ADR), particularly in relation to mediation clauses. Despite the promotion of mediation by dispute resolution providers, policy makers, and judges, use of mediation remains low. In particular, problems arise when parties lack certainty regarding the legal effect of a mediation clause, and the potential uncertainty regarding the binding nature of agreements to pursue mediation is problematic and threatens the growth of ADR. This book closely examines the importance and complexity of mediation clauses in commercial contracts to remedy this persistent uncertainty. Using comparative law methods and detailed empirical research, it explores the creation of a comprehensive framework for the mediation clause. Providing valuable insight into the process of ADR and mediation, this book will be of interest to academics, law makers, law students, in-house council, lawyers, as well as parties interesting in drafting enforceable mediation clauses.

The Evolving Protection of Prisoners' Rights in Europe explores the development of the framing of penal and prison policies by the European Court of Human Rights (ECHR), clarifying the European expectations of national authorities, and describing the various models existing in Europe, with a view to analysing their mechanisms and highlighting those that seem the most suitable. A new frame of penal and prison policies in Europe has been progressively established by the ECHR and the Council of Europe (CoE) to protect the rights of detainees in Europe. European countries have reacted very diversely to these policies. This book has several key benefits for readers: * A global and detailed overview of the ECHR jurisprudence on penal and prison policies through an analysis of its development over time. * An analysis of the interactions between the Strasbourg Court and the CoE bodies (Committee of Ministers, Committee for the Prevention of Torture ...) and their reinforced framing of domestic penal and prison policies. * A detailed examination of the impacts of the European case law on penal and prison policies within ten nation states in Europe (including Romania which is currently very underresearched). * A robust engagement with the diverse national reactions to this European case law as a policy strategy. This book will be of great interest to scholars and students of Law, Criminal Justice, Criminology and Sociology. It will also appeal to civil servants (judges, lawyers, etc.), professionals and policymakers working for the CoE, the European Union, and the United Nations; Ministries of Justice; prison departments; and human rights institutions, as well as activists working for INGOs and NGOs.

This book provides a comprehensive account of the imprisonment of women for politically motivated offences in Northern Ireland between 1972 and 1999. Women political prisoners were engaged in a campaign to obtain formal recognition as political prisoners, and then to retain this status after it was revoked. Their lengthy involvement in a prison conflict of international significance was notable as much because of its longevity as the radical aspects of their prison protests, which included hunger strikes, dirty-protests and campaigns against institutional abuses. Out of Order brings out the qualitatively distinctive character and punitive ethos of regimes of political imprisonment for women, exploring the dynamics of their internal organisation, the ways in which they subverted order and security in prison, and their strategies of resistance and exploitation. Drawing upon a wide range of first hand accounts and interviews this book brings together perspectives from the areas of political imprisonment, the penal punishment of women and the question of agency and resistance in prison to create a unique, highly readable study of a neglected subject.

Emphasizes the role history and historical narratives play in constitutional adjudication. Uitz provocatively draws attention to the often-tense relationship between the constitution and historical precedence highlighting the interpretive and normative nature of the law. Her work seeks to understand the conditions under which references to the past, history and traditions are attractive to lawyers, even when they have the potential of perpetuating indeterminacy in constitutional reasoning. Uitz conclusively argues that this constitutional indeterminacy is obscured by 'judicial rhetorical toolkits' of continuity and reconciliation that allow the court's reliance on the past to be unaccounted for. Uitz' rigorous analysis and extensive research makes this work an asset to legal scholars and practitioners alike. The inquiry in this volume hopes to attract observers of constitutional adjudication, may they be reading constitutional jurisprudence from the quarters of constitutional law, constitutional history, political science or history departments.

Brutally dragged 780 metres beneath a taxi – a young woman’s inspiring story of survival, courage, and the will to live.

13 September 2011. The story would shock thousands and be remembered by many for years to come. It would be plastered all over the papers and continue to attract interest well after the shock factor of what happened had passed. Reports and articles would be written, and “facts”, as given to reporters by some of those involved and willing to be interviewed, would be recounted and repeated in all forms of public media over the months and even years that followed. And although these versions would generate widespread outrage, none was entirely accurate.

"The stories were about me. I was there. I am Kim McCusker - the girl who was dragged by a taxi. This, as I experienced it, is the true version of events."