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Books > Law > International law > Settlement of international disputes > General
This monograph explores the connections between the European Union and international dispute settlement. It highlights the legal challenges faced by the principal players in the field: namely the EU as a political actor and the Court of Justice of the EU as an international and domestic judiciary. In addition, it places the subject in its broader context of international dispute settlement, and the participation of the EU and its Member States in international disputes. It focuses on horizontal and cross-cutting themes, bringing together insights from the different sectors of trade, investment and human rights, and offering a variety of perspectives from academics, policymakers and practitioners.
The history of international adjudication is all too often presented as a triumphalist narrative of normative and institutional progress that casts aside its uncomfortable memories, its darker legacies and its historical failures. In this narrative, the bulk of 'trials' and 'errors' is left in the dark, confined to oblivion or left for erudition to recall as a curiosity. Written by an interdisciplinary group of lawyers, historians and social scientists, this volume relies on the rich and largely unexplored archive of institutional and legal experimentation since the late nineteenth century to shed new light on the history of international adjudication. It combines contextual accounts of failed, or aborted, as well as of 'successful' experiments to clarify our understanding of the past and present of international adjudication.
International Mediation: Breaking Business Deadlock, Third Edition (previously titled: International Mediation: The Art of Business Diplomacy) is written by two of the foremost international mediation experts and practitioners. This title provides an essential guide to the effective and timely resolution of international business disputes. It provides a real picture of what happens in international mediation and how it is structured providing practical guidance to allow parties to make the best of the process. This highly practical book provides the answers to questions the ready may have regarding the international mediation process such as: How does mediation work and what will it cost? What are the limitations? What skills are required? How long will it take? How are the outcomes enforced? How can business best use mediation? It contains case histories and practical guidance helping to put international mediation in to real situations that the reader can relate to demonstrating how and why international mediation works and why it is such a powerful tool to resolving business conflict. The authors show how to use mediation techniques as a foundation for a more purposeful, strategic approach to conflict management in organisations.
The International Law Reports is the only publication in the world wholly devoted to the regular and systematic reporting in English of decisions of international courts and arbitrators as well as judgments of national courts. Among the consular relations cases reported are the ICJ decisions on the request for provisional measures in the 1998 Case Concerning the Vienna Convention on Consular Relations (Paraguay v. United States) the 1999 LaGrand Case (Germany v. United States), and the corresponding decisions of the United States Supreme Court. Human rights cases include the 1999 decision of the European Court of Human Rights in Waite and Kennedy v. Germany, concerning whether the defendant's immunity from jurisdiction was considered compatible with right of access to court under Article 6(1) of the European Convention on Human Rights. Also included are fifteen important decisions of the United Nations Human Rights Committee and national courts during the 1990s.
The Russell Tribunal on Palestine is a people's tribunal in the spirit of the Tribunal on Vietnam that was set up by Bertrand Russell in the 1960s. This book contains a selection of the most vital evidence and testimonies presented at the London session. It includes the papers submitted to the tribunal, written by expert witnesses, based on their detailed research into the companies that prop-up Israeli occupation. Examining the involvement of corporations in the illegal occupation of Palestinian land by Israel, the tribunal of 2010 generated widespread media coverage. The book identifies companies and corporations participating in such illegality and possibilities for legal action against them are discussed. Released to coincide with the South Africa session at the end of 2011, Corporate Complicity in Israel's Occupation is a vital resource to lawyers, journalists and activists hoping to take informed action against Israeli war crimes and occupation.
During the 1990s, optimism abounded because international violence was in decline. The number of armed conflicts decreased worldwide from more than fifty in the early 1990s to fewer than thirty a decade later. This drop resulted largely from negotiations leading to peace accords. However, in a disturbingly large number of places, war was actually succeeded not by peace but by a stalemate. Peace accords were plagued by problems, including economic hardship, burgeoning crime, postwar trauma, and persistent fear and suspicion. Too often, negotiated settlements merely opened another difficult chapter in the peace process, or worse, led to new phases of conflict. This disappointing record is the subject of a multiyear project conducted by the University of Notre Dame's Research Initiative on the Resolution of Ethnic Conflict (RIREC). Located at the Joan B. Kroc Institute for International Peace Studies, RIREC explored three significant challenges of the postwar landscape: the effects of violence in internal conflicts after peace agreements have been signed; the contributions of truth-telling mechanisms; and the multidimensional roles played by youth as activists, soldiers, criminals, and community-builders. The project led to the 2006 publication of three edited volumes by the University of Notre Dame Press: John Darby's Violence and Reconstruction; Tristan Anne Borer's Telling the Truths: Truth Telling and Peace Building in Post-Conflict Societies; and Siobhan McEvoy-Levy's Troublemakers or Peacemakers? Youth and Post-Accord Peace Building. In Peacebuilding After Peace Accords, the three editors revisit the topics presented in their books. They examine the dilemmas each of the three challenges presents for postwar reconstruction and the difficulties in building a sustainable peace in societies recently destabilized by deadly violence. The authors argue that researchers and practitioners should pay greater attention to these challenges, especially how they relate to each other and to different post-accord problems. A foreword by Archbishop Emeritus Desmond Tutu sets the context for this volume, and an afterword by Eileen Babbitt reflects on its findings.
Living in the age of American 'hyperpower' the relevance of both international law and conflict resolution have been called into question. Hannum and Babbitt, highly respected practitioners in these respective fields, have collected a series of experts to examine the relationship between these two disciplines. Focusing on self-determination, a particularly thorny issue of international law, Negotiating Self-Determination takes an in-depth look at what an understanding of conflict analysis can bring to this field and the impact that international legal norms could potentially have on the work of conflict resolvers in self-determination conflicts. Allen Buchanan's philosophical writings consider the goals of secessionists, Erin Jenne uses quantitative analysis to explain the conditions under which secessionist movements come into existence, and Anke Hoeffler and Paul Collier study the economic basis for secessionist movements. This well-researched volume looks beyond the international law and policy fields of the editors to philosophy, anthropology, political science, and economy to assist in gaining a more complete understanding of self-determination and conflict prevention.
Humanitarian military intervention and muscular peace operations have been partially effective in recent years in saving thousands of lives from the Balkans to Haiti to Somalia to Cambodia to Mozambique. However, success has often been mitigated by the international community's unwillingness or inability to quickly send enough forces capable of dealing with a situation decisively. In other cases, the international community has essentially stood aside as massive but possibly preventable humanitarian tragedies took place - for instance, in Angola and Rwanda in the mid-1990s and in Congo as this book goes to press. Sometimes these failures have simply been the result of an insufficient pool of available military and police forces to conduct the needed intervention or stabilization missions. In this timely new book, Michael O'Hanlon presents a blueprint for developing sufficient global intervention capacity to save many more lives with force. He contends, at least for now, that individual countries rather than the United Nations should develop the aggregate capacity to address several crises of varying scale and severity, and that many more countries should share in the effort. The United States' role is twofold: it must make slight redesigns to its own military and, even more important, encourage other nations to join it in this type of intervention, including training and support of troops in countries, such as those in Africa, that are willing to take the necessary steps to prevent humanitarian disaster but lack the resources.
PRAISE FOR THE BOOK: "This constitutes a work of impressive scholarship that will become a major reference point for future discourse on choice of court agreements. Dr Ahmed advances a firm thesis in a lucid manner that will satisfy both academics and practitioners. The discussion is supported by a monumental foundation of underpinning research. Ahmed's monograph throughout shows clear understanding of underlying substantive laws and in Chapter 11 displays a refreshing willingness to engage in intelligent speculation on the implications of Brexit." Professor David Milman, University of Lancaster "The book is an excellent attempt to understand the theoretical underpinnings of choice of court agreements in private international law ... Anyone with an interest in the theory and practice of choice of court agreements, in particular in mechanisms for their enforcement, should read this book. They will find much of value by doing so." Professor Paul Beaumont, University of Aberdeen (from the Series Editor's Preface) This book examines the fundamental juridical nature, classification and enforcement of choice of court agreements in international commercial litigation. It is the first full-length attempt to integrate the comparative and doctrinal analysis of choice of court agreements under the Brussels I Recast Regulation, the Hague Convention on Choice of Court Agreements ('Hague Convention') and the English common law jurisdictional regime into a theoretical framework. In this regard, the book analyses the impact of a multilateral and regulatory conception of private international law on the private law enforcement of choice of court agreements before the English courts. In the process, it both pre-empts and offers innovative solutions to issues that may arise under the jurisprudence of the emergent Brussels I Recast Regulation and the Hague Convention. The need to understand the nature and enforcement of choice of court agreements before the English courts from the perspective of the EU private international law regime and the Hague Convention cannot be understated. This important new study aims to fill an existing gap in the literature in relation to an account of choice of court agreements which explores and reconnects arguments drawn from international legal theory with legal practice. However, the scope of the work remains most relevant for cross-border commercial lawyers interested in crafting pragmatic solutions to the conflicts of jurisdictions.
In Use of Experts in International Freshwater Disputes, Mbengue and Das offer a critical assessment of the involvement of experts in resolving international water disputes. International disputes related to freshwater are increasing in number and complexity. The rising complexity is necessarily accompanied and compounded by the involvement of experts in dispute resolution. This monograph examines, through a number of case studies, decided by international tribunals, the role and use (or absence) of experts in international freshwater disputes. Through this examination, the authors identify the lacunae as well as good practices in expert use in disputes of this nature. The monograph goes on to suggest the best practices with respect to expert involvement and use for a more efficient and fair resolution of international water disputes.
The accession of the People's Republic of China to the World Trade Organization (WTO) in 2001 significantly transformed the global economy both de facto and de jure. At the regional level, China's WTO accession served as an important catalyst for the establishment of Regional Trade Agreements (RTAs) in East Asia. This was a novel development for the region, since East Asian States had previously followed a largely informal, market-driven approach to regional economic integration. By contrast, rules-based economic integration involving East Asian States was traditionally limited to multilateral integration under the GATT/WTO framework. This book systematically analyses and explains the development, nature and challenges of rules-based regional economic integration in East Asia with particular attention to the region's first four RTAs. While also addressing the socio-economic, historical and political factors influencing the development of RTAs in East Asia, the book focuses on the legal institutions governing economic integration in the Association of Southeast Asian Nations (ASEAN), as well as under the ASEAN-China Comprehensive Economic Co-Operation Agreement (ACFTA), the Japan-Singapore New Age Economic Partnership Agreement (JSEPA), and the Mainland China-Hong Kong Closer Economic Partnership Arrangement (CEPA). The book provides a systematic, comparative account of the scope, depth and (hard law versus soft law) quality of rules-based economic integration achieved under these four RTAs in the areas of trade in goods and services, investment liberalisation and protection, labour mobility, and dispute settlement.
The International Law Reports is the only publication in the world wholly devoted to the regular and systematic reporting in English of decisions of international courts and arbitrators as well as judgments of national courts. Since the Reports began in 1922 over 10,000 cases have been reported in full or digest form. This new companion volume is an indispensable guide to the Reports themselves, as well as being an essential compendium to the vast range of international law jurisprudence over the last eighty years. The Table of Treaties covers in a single consolidation all treaties referred to in volumes 1-120 of the International Law Reports by date and treaty title. It also indicates where the treaties may be found, particularly useful in the case of early and bilateral treaties. The Table is accompanied by indexes to the treaties by party and subject.
The International Law Reports is the only publication in the world completely devoted to the regular and systematic reporting in English of decisions of international courts and arbitrators as well as judgments of national courts. Volume 124 reports on a key decision of the ICSID Tribunal (Maffezini v. Spain), decisions of the Canadian courts in Burns, Suresh, Ahani and Bouzari on torture, terrorism and the death penalty, as well as decisions of the House of Lords on terrorism, hereditary peers and refugee status. |
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