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Books > Law > International law > Settlement of international disputes

A Guide to the ICDR International Arbitration Rules (Hardcover, 2nd Revised edition): Martin F. Gusy, James M. Hosking A Guide to the ICDR International Arbitration Rules (Hardcover, 2nd Revised edition)
Martin F. Gusy, James M. Hosking
R6,445 Discovery Miles 64 450 Ships in 12 - 17 working days

The International Centre for Dispute Resolution (ICDR) is the international division of the American Arbitration Association (AAA). Given that in excess of 600 arbitrations are now administered every year under the ICDR Rules, this book answers the need for a comprehensive comparative guide devoted to them. This article-by-article commentary on the International Centre for Dispute Resolution (ICDR) Rules is a comprehensive reference work for practitioners and arbitrators considering ICDR arbitration. The second edition is fully revised and updated throughout to reflect all changes and updates to the Rules since the first edition published. The ICDR International Arbitration Rules are structured in accordance with the typical life-cycle of an international arbitration and the book follows this thematic structure, providing ample cross-referencing to assist the reader in understanding the relationship between the various rules and genuine issues likely to be encountered during an arbitration. The commentary embraces each of the Articles in their entirety, as well as the Expedited Procedure Articles, and includes discussion of how each provision compares to analogous rules of other major arbitral institutions. The authors draw on case law gathered from foreign jurisdictions as well as the rich vein of case law in the US (applying the ICDR Rules and, where appropriate, analogous provisions of various AAA domestic rules), combining these with their own extensive experience to provide a uniquely authoritative text. The work's comparative perspective emphasizes key issues to consider when drafting an arbitral clause or strategizing over the conduct of an arbitration. The second edition of A Guide to the ICDR International Arbitration Rules features multiple appendices and difficult-to-find resources to form a collection of core materials which include the ICDR Rules, the administrative fee schedule, guidelines for exchanges of information, practice notes, and key AAA cooperation agreements with other institutions.

Justice in Conflict - The Effects of the International Criminal Court's Interventions on Ending Wars and Building Peace... Justice in Conflict - The Effects of the International Criminal Court's Interventions on Ending Wars and Building Peace (Paperback)
Mark Kersten
R1,312 Discovery Miles 13 120 Ships in 12 - 17 working days

What happens when the international community simultaneously pursues peace and justice in response to ongoing conflicts? What are the effects of interventions by the International Criminal Court (ICC) on the wars in which the institution intervenes? Is holding perpetrators of mass atrocities accountable a help or hindrance to conflict resolution? This book offers an in-depth examination of the effects of interventions by the ICC on peace, justice and conflict processes. The 'peace versus justice' debate, wherein it is argued that the ICC has either positive or negative effects on 'peace', has spawned in response to the Court's propensity to intervene in conflicts as they still rage. This book is a response to, and a critical engagement with, this debate. Building on theoretical and analytical insights from the fields of conflict and peace studies, conflict resolution, and negotiation theory, the book develops a novel analytical framework to study the Court's effects on peace, justice, and conflict processes. This framework is applied to two cases: Libya and northern Uganda. Drawing on extensive fieldwork, the core of the book examines the empirical effects of the ICC on each case. The book also examines why the ICC has the effects that it does, delineating the relationship between the interests of states that refer situations to the Court and the ICC's institutional interests, arguing that the negotiation of these interests determines which side of a conflict the ICC targets and thus its effects on peace, justice, and conflict processes. While the effects of the ICC's interventions are ultimately and inevitably mixed, the book makes a unique contribution to the empirical record on ICC interventions and presents a novel and sophisticated means of studying, analyzing, and understanding the effects of the Court's interventions in Libya, northern Uganda - and beyond.

The WTO Dispute Settlement System - Challenges of the Environment, Legitimacy and Fragmentation (Hardcover): Kati Kulovesi The WTO Dispute Settlement System - Challenges of the Environment, Legitimacy and Fragmentation (Hardcover)
Kati Kulovesi
R4,697 R679 Discovery Miles 6 790 Save R4,018 (86%) Ships in 9 - 15 working days

Tensions between economic interests and environmental protection have assumed crisis proportions in awareness at every level of society. In particular, the World Trade Organization has become entangled in controversies related to legitimacy, democracy, environmental protection, and fragmentation of international law, fuelling a contentious debate on the use (or abuse) of environmental norms at the WTO. To a greater degree than any comparable treatment, this book focuses on the role of the WTO dispute settlement system in addressing trade-environment conflicts. Highlighting the ways in which environmental issues challenge the legitimacy of WTO jurisprudence, it considers such relevant core issues as the following:;challenges posed to the WTO by so-called 'linkage' issues, such as environmental protection, labour, and investment;;to what extent the WTO can apply rules of international law (e.g., environmental ones) that are not contained in the WTO agreements; and;concerns over the Dispute Settlement System's lack of democratic accountability in matters of great public interest. The study analyses in detail the role of international environmental law in three key WTO cases, namely the Shrimp-Turtle, Hormones and Biotech disputes. This deeply informed and thoughtful book is of special importance for its proposals on how the WTO dispute settlement system can improve its legitimacy while respecting the limits of its mandate. It will be welcomed by international trade attorneys, environmental lawyers, concerned academics and students, and government officials in both trade and environmental policy.

Fixing Failed States - A Framework for Rebuilding a Fractured World (Paperback): Ashraf Ghani, Clare Lockhart Fixing Failed States - A Framework for Rebuilding a Fractured World (Paperback)
Ashraf Ghani, Clare Lockhart
R376 Discovery Miles 3 760 Ships in 12 - 17 working days

Today between forty and sixty nations, home to more than one billion people, have either collapsed or are teetering on the brink of failure. The world's worst problems--terrorism, drugs and human trafficking, absolute poverty, ethnic conflict, disease, genocide--originate in such states, and the international community has devoted billions of dollars to solving the problem. Yet by and large the effort has not succeeded.
Ashraf Ghani and Clare Lockhart have taken an active part in the effort to save failed states for many years, serving as World Bank officials, as advisers to the UN, and as high-level participants in the new government of Afghanistan. In Fixing Failed States, they describe the issue--vividly and convincingly--offering an on-the-ground picture of why past efforts have not worked and advancing a groundbreaking new solution to this most pressing of global crises. For the paperback edition, they have added a new preface that addresses the continuing crisis in light of ongoing governance problems in weak states like Afghanistan and the global financial recession. As they explain, many of these countries already have the resources they need, if only we knew how to connect them to global knowledge and put them to work in the right way. Their state-building strategy, which assigns responsibility equally among the international community, national leaders, and citizens, maps out a clear path to political and economic stability. The authors provide a practical framework for achieving these ends, supporting their case with first-hand examples of struggling territories such as Afghanistan, Sudan, Kosovo and Nepal as well as the world's success stories--Singapore, Ireland, and even the American South.

International Law (Paperback): Vaughan Lowe International Law (Paperback)
Vaughan Lowe
R1,489 Discovery Miles 14 890 Ships in 12 - 17 working days

Of all legal subjects, international law is at once the most richly varied and arguably the least understood, even by lawyers. For the past two decades it has been the focus of intense analysis by legal philosophers, international relations specialists, linguists, professional lawyers, historians, economists, and political scientists, as well as those who study, teach, and practice the discipline. Yet, the realities of international trade and communication mean that regulations in one State often directly affect matters within others. In the established tradition of the Clarendon Law Series, International Law is both an introduction to the subject and a critical consideration of its central themes and debates. The book explores the scope and function of international law, and explains how it helps to underpin our international political and economic systems. It then goes on to examine the wider theoretical implications of international law's role in modern society, including issues such as the independence of states, limits of national freedom of choice, human rights, and international crime.

International Law Reports - Consolidated Table of Treaties, Volumes 1-125 (Hardcover): Elihu Lauterpacht, C. J. Greenwood International Law Reports - Consolidated Table of Treaties, Volumes 1-125 (Hardcover)
Elihu Lauterpacht, C. J. Greenwood; Edited by (associates) A. G. Oppenheimer, Karen Lee; Contributions by M.E. MacGlashan
R4,617 Discovery Miles 46 170 Ships in 12 - 17 working days

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.

International Law Reports (Hardcover, Volume 122): Elihu Lauterpacht, C. J. Greenwood, A. G. Oppenheimer International Law Reports (Hardcover, Volume 122)
Elihu Lauterpacht, C. J. Greenwood, A. G. Oppenheimer
R4,648 Discovery Miles 46 480 Ships in 12 - 17 working days

Published since 1929, and featuring cases from 1919, the International Law Reports is the only publication in the world devoted to the regular and systematic reporting in English of decisions of international courts and arbitrators as well as judgments of national courts. Cases are drawn from every relevant jurisdiction--international and national. This is an essential holding for every library providing even minimal international law coverage, offering access to the entire range of international case law in one efficient and economical publication.

International Law Reports (Hardcover, Volume 121): Elihu Lauterpacht, C. J. Greenwood, A. G. Oppenheimer International Law Reports (Hardcover, Volume 121)
Elihu Lauterpacht, C. J. Greenwood, A. G. Oppenheimer
R4,646 Discovery Miles 46 460 Ships in 12 - 17 working days

Published since 1929 (and featuring cases from 1919) the International Law Reports is devoted to the regular and systematic reporting of decisions of international courts and arbitrators and judgments of national courts. Cases are drawn from every relevant jurisdiction--international and national. This series is an essential holding for every library providing even minimal international law coverage. It offers access to international case law in an efficient and economical manner.

International Energy Investment Law - The Pursuit of Stability (Hardcover, 2nd Revised edition): Peter Cameron International Energy Investment Law - The Pursuit of Stability (Hardcover, 2nd Revised edition)
Peter Cameron
R9,008 Discovery Miles 90 080 Ships in 12 - 17 working days

Following the success of International Energy Investment Law: The Pursuit of Stability, this updated and expanded second edition re-examines and assesses the variety of contract- and treaty-based instruments in commercial and international law that strive to protect the respective interests of investors and states in the international energy industry. Over past years an unprecedented growth of international investment law in the form of BITs, MITs, other treaty-based instruments, and domestic legislation has fundamentally altered the legal framework and offers extensive scope for international arbitration in the event of disputes. A wave of unilateral state action has tested the system in a number of high-value commercial disputes, most evidently in Latin American, Eastern Europe, and sub-Saharan Africa; protection for investors is being tested as arbitrators develop new notions of legitimate expectation and give content to fair and equitable treatment, while mapping out more precisely the duties which investors owe to host states. This book critically examines the interaction between contract and treaty forms of stability in the new multi-tier setting, including highly detailed regional case studies of Latin America, Eastern Europe, and (new to this edition) Africa. Central to the new edition is its expanded content on renewable energy, including claims under the Energy Charter Treaty, and energy-related minerals now playing a key role in the transition to a low carbon economy; the updated chapter on environmental issues also addresses decommissioning and low carbon/climate change issues. The book also considers emerging issues in unconventional oil and gas, issues arising from energy network operation including transit, and damages issues arising in energy cases. Particular attention is paid to the practical impact of these issues and the enforcement of awards by arbitration tribunals and bodies such as the ICSID, the ICC, and the LCIA. In its concluding section, the book looks forward to new challenges arising from climate change, human rights, and environmental issues.

International Project Finance - Law and Practice (Hardcover, 3rd Revised edition): John Dewar International Project Finance - Law and Practice (Hardcover, 3rd Revised edition)
John Dewar
R11,008 Discovery Miles 110 080 Ships in 12 - 17 working days

Now in its third edition, International Project Finance is the definitive guide to legal and practical issues relating to international projects. The book considers the application of English and New York law in cross-border documentation and legal and practical matters associated with running financing projects in civil law jurisdictions. Different sources of funding are also examined, such as banking and international bond documentation, and Islamic financing practice, in particular the use of Murabaha financing techniques and Sukuk (Islamic bond) market. This includes the legal and documentation issues arising from the use of such financing techniques and how they interact with each other from a legal and contractual perspective. Equally significant, the book provides analysis of project defaults and work-outs giving guidance on how to manage projects when these circumstances arise. The book also contains extensive coverage of dispute resolution in international projects. New to this edition is a chapter on development finance institutions covering the work of bodies such as the World Bank and the African Development Bank. This chapter explains the key roles played by these institutions in international project finance, especially in emerging markets. It covers the key policy issues and the impact of such policies on project finance documentation. As well as addressing the basic principles which affect the structuring and documentation of project financings, the book also explains structural, legal and contractual differences between the various sectors such as transportation, infrastructure/Public Private Partnerships, conventional, renewable and nuclear power, mining, and oil and gas. Telcommunications, including broadband, are covered in more detail in a separate section for this edition. This book provides the context of international project finance which underpins the understanding of legal analysis in this area. It includes detailed guidance on practical issues such as the identification and assessment of project risk, together with relevant documentation such as risk matrices and checklists covering both key project contracts and the major terms of a project financing. With its focus on international projects and emphasis on the practical application of the law, this book is an essential reference work for all practitioners in the field.

Reflections on Judging (Hardcover): Richard A. Posner Reflections on Judging (Hardcover)
Richard A. Posner
R929 Discovery Miles 9 290 Ships in 12 - 17 working days

In Reflections on Judging, Richard Posner distills the experience of his thirty-one years as a judge of the United States Court of Appeals for the Seventh Circuit. Surveying how the judiciary has changed since his 1981 appointment, he engages the issues at stake today, suggesting how lawyers should argue cases and judges decide them, how trials can be improved, and, most urgently, how to cope with the dizzying pace of technological advance that makes litigation ever more challenging to judges and lawyers. For Posner, legal formalism presents one of the main obstacles to tackling these problems. Formalist judges--most notably Justice Antonin Scalia--needlessly complicate the legal process by advocating "canons of constructions" (principles for interpreting statutes and the Constitution) that are confusing and self-contradictory. Posner calls instead for a renewed commitment to legal realism, whereby a good judge gathers facts, carefully considers context, and comes to a sensible conclusion that avoids inflicting collateral damage on other areas of the law. This, Posner believes, was the approach of the jurists he most admires and seeks to emulate: Oliver Wendell Holmes, Louis Brandeis, Benjamin Cardozo, Learned Hand, Robert Jackson, and Henry Friendly, and it is an approach that can best resolve our twenty-first-century legal disputes.

Domain Name Law and Practice - An International Handbook (Hardcover, 2nd Revised edition): Torsten Bettinger, Allegra Waddell Domain Name Law and Practice - An International Handbook (Hardcover, 2nd Revised edition)
Torsten Bettinger, Allegra Waddell
R16,685 Discovery Miles 166 850 Ships in 12 - 17 working days

An established authority in the field, this work provides comprehensive analysis of the law and practice relating to internet domain names at an international level, combined with a detailed survey of the 35 most important domain name jurisdictions worldwide, including the US, UK, Germany, France, Italy, Netherlands, Japan, China, Singapore, Russia, Canada, and Australia, and new chapters on Israel, Mexico, South Korea, Brazil, Colombia, Egypt, Portugal, and South Africa. The survey includes extensive country-by-country analysis of how domain names relate to existing trade mark law, and upon the developing case law in the field, as well as the alternative dispute resolution procedures.
In its second edition, this work analyses, in depth, key developments in the field including ICANN's new gTLD program. The program, introducing many new top-level domains, will have far-reaching consequences for brand name industries worldwide and for usage of the internet. The complicated application process is considered in detail as well as filing and review procedures, the delegation process, the role and function of the Trademark Clearing House and the Sunrise and Trademark Claims Services, dispute resolution, and new rights protection mechanisms.
Other developments covered include new registration processes such as the use of privacy and proxy services, as well as the expansion of the scope of internationalized domain names, including the addition of a number of generic top-level domains such as ."tel" and ."travel." Also considered are developments relating to the Uniform Domain Name Dispute Resolution Policy (UDRP) in terms of the nature of cases seen under the Policy and the number of cases filed, as well as the recent paperless e-UDRP initiative. The Uniform Rapid Suspension System, working alongside the UDRP in the new gTLD space, is also discussed in a new chapter on this process.
Giving detailed information about the registration of domain names at national, regional and international levels, analysis of the dispute resolution processes at each of those levels, and strategic guidance on how to manage domain names as part of an overall brand strategy, this leading work in international domain name law is essential reading for practitioners in the field.

Dialogue in Palestine - The People-to-People Diplomacy Programme and the Israeli-Palestinian Conflict (Paperback): Nadia... Dialogue in Palestine - The People-to-People Diplomacy Programme and the Israeli-Palestinian Conflict (Paperback)
Nadia Naser-Najjab
R1,335 Discovery Miles 13 350 Ships in 10 - 15 working days

Since 1993, various international donors have poured money into a People-to-People (P2P) diplomacy programme in Palestine. This grassroots initiative - still funded by prominent external donors today - seeks to foster public engagement through contact and therefore remove deeply embedded barriers. This book examines the limited nature of this 'contact' and explains why the P2P framework, which was ostensibly concerned with the promotion of peace, ultimately served to reinforce conflict and power relations. The book is based on the author's own experience of the solidarity activities during the First Intifada and her first-hand involvement as a coordinator of the P2P projects implemented during the 1990s. It provides a much-needed critical account of the internationally-sponsored peace process and develops new theoretical analyses of settler colonialism.

Procedural Issues in International Investment Arbitration (Hardcover): Jeffery Commission, Rahim Moloo Procedural Issues in International Investment Arbitration (Hardcover)
Jeffery Commission, Rahim Moloo
R6,458 Discovery Miles 64 580 Ships in 12 - 17 working days

Procedural issues are an area of increasing complexity and concern in modern investment arbitration, and one in which very little guidance currently exists. Indeed, there are a number of important points of departure from the procedural rules commonly adopted in the context of international commercial arbitration. Procedural Issues in International Investment Arbitration is the first text of its kind to address this gap, examining the most prevalent and controversial procedural issues that arise in investment arbitrations conducted under the ICSID, UNCITRAL, and other arbitral rules. Written by international arbitration experts, the book takes the reader through an investment arbitration in chronological order, identifying each key procedural issue in turn and providing details of the relevant precedents. It charts the process of an arbitration from applicable law and first sessions right through to post-hearing applications and costs. Fully cross-referenced and tabled, Procedural Issues in International Investment Arbitration is an invaluable and practical guide to issues of increasing importance and relevance in ICSID and other arbitrations today.

Commercial Arbitration in Germany (Hardcover): Richard Kreindler, Reinmar Wolff, Markus S. Rieder Commercial Arbitration in Germany (Hardcover)
Richard Kreindler, Reinmar Wolff, Markus S. Rieder
R8,379 Discovery Miles 83 790 Ships in 12 - 17 working days

This is a much-needed reference work providing practitioners and academics with a detailed commentary on and thorough analysis of German arbitration law and practice. This title covers both domestic and international arbitration in all its stages. The work details the legal framework for German-related arbitration and provides practical guidance on the appropriate choices, with a specific focus on particularities of German law and practice. It contains a high level of analysis whilst maintaining a practical approach and structure mirroring the typical course of arbitral proceedings. The book navigates along the life cycle of an arbitration, commencing with the arbitration agreement, continuing with the arbitral tribunal, the arbitral proceedings and interim relief, and concluding with the arbitral award including its recognition and enforcement. At each stage, the work combines exhaustive legal analysis, clear and concise presentation, and a practical and accessible approach. Written by highly regarded experts in the field, it provides arbitration practitioners and academics alike with a thorough guide for use when working on cases with a German nexus with a detailed analysis of the applicable legal framework in Germany. Arbitration in Germany continues to grow as the country builds on its reputation as a suitable venue for international arbitration. This trend is reflected in the increasing relevance of the German Institution of Arbitration (DIS), which currently has more than 1,150 members domestically and overseas, including numerous major trade organizations and chambers of commerce, leading German companies, judges, lawyers and academics. The number of arbitration cases under the DIS Rules has more than doubled since 2005 while statistics of the International Chamber of Commerce (ICC) show that Germany is the fifth most frequently chosen place of arbitration and German law is the fourth most frequently chosen law. Even where the place of arbitration is outside Germany, German arbitration law plays an increasingly important role for the recognition and enforcement of awards. This particular significance is highlighted by Germany's strong export-oriented economy and is mirrored in the fact that German parties are the second most frequently encountered nationality among parties in ICC arbitrations worldwide.

The Nature and Enforcement of Choice of Court Agreements - A Comparative Study (Paperback): Mukarrum Ahmed The Nature and Enforcement of Choice of Court Agreements - A Comparative Study (Paperback)
Mukarrum Ahmed
R1,864 Discovery Miles 18 640 Ships in 10 - 15 working days

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.

The European Union and International Dispute Settlement (Paperback): Marise Cremona, Anne Thies, Ramses A. Wessel The European Union and International Dispute Settlement (Paperback)
Marise Cremona, Anne Thies, Ramses A. Wessel
R1,691 Discovery Miles 16 910 Ships in 10 - 15 working days

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.

Dispute Settlement at the WTO - The Developing Country Experience (Hardcover): Gregory C Shaffer, Ricardo Melendez-Ortiz Dispute Settlement at the WTO - The Developing Country Experience (Hardcover)
Gregory C Shaffer, Ricardo Melendez-Ortiz
R2,365 R2,086 Discovery Miles 20 860 Save R279 (12%) Ships in 12 - 17 working days

This examination of the law in action of WTO dispute settlement takes a developing-country perspective. Providing a bottom-up assessment of the challenges, experiences and strategies of individual developing countries, it assesses what these countries have done and can do to build the capacity to deploy and shape the WTO legal system, as well as the daunting challenges that they face. Chapters address developing countries of varying size and wealth, including China, India, Brazil, Argentina, Thailand, South Africa, Egypt, Kenya and Bangladesh. Building from empirical work by leading academics and practitioners, this book provides a much needed understanding of how the WTO dispute settlement system actually operates behind the scenes for developing countries.

The Protection of Intellectual Property Rights Under International Investment Law (Hardcover): Simon Klopschinski, Christopher... The Protection of Intellectual Property Rights Under International Investment Law (Hardcover)
Simon Klopschinski, Christopher Gibson, Henning Grosse Ruse-Khan
R5,614 Discovery Miles 56 140 Ships in 12 - 17 working days

In recent decades, foreign direct investment (FDI) has played an increasingly significant role in world economic activity and development. In economic terms, the accumulated stock of FDI and its generation of commercial activity by foreign affiliates have made FDI comparatively more important than international trade in goods and services. At the same time, the globalization of markets and the development of consumer brands in many domestic markets has brought an increasingly international approach to the management, and value, of intellectual property (IP) rights. IP Rights have therefore become increasingly enmeshed with international investment and the subject of transnational disputes as evidenced by cases that concern, inter alia, various limitations for trademarks used on tobacco packaging, or the invalidation of pharmaceutical patents by domestic courts. FDI is increasingly involved with the exploitation of IP which underpins highly valued products and services and this has shifted the balance of return on FDI from physical to intellectual property. Thus, IP rights have never been more economically and politically important or controversial than they are today. There have long been international treaties that protect IP, but in recent years other international treaties have come into being that protect IP rights along with other property rights. These treaties include various international investment agreements (IIAs), which regard IP rights as a protected investment. This book analyses the standards of treatment and protection enshrined in IIAs for IP rights and their relationship to the key international treaties in IP Rights, with reference to topics such as the fragmentation of international law; investor-host-state dispute resolution; investors and investments; relative standards of treatment (such as most favoured nation); absolute standards of treatment (such as fair and equitable treatment); and expropriation. The work fills the significant gaps left by the comparably small amount of intellectual property related ISDS case-law. As IP Rights are a more recent concern in FDI, many questions regarding the relevance of IIA for IP rights are yet to be decided by investment tribunals. To assist the practitioner in understanding how IP Rights will be treated in investment disputes, the work sets out a number of hypothetical cases based on actual cases decided by other adjudicating bodies in different legal contexts, such the European Court of Human Rights or the European Court of Justice and the work also engages with the issues and applicable law for disputes involving IP Rights arising from the actions relating to Philip Morris trademarks in Australia and Uruguay, and Eli Lilly.

The Practice of International and National Courts and the (De-)Fragmentation of International Law (Paperback): Ole Kristian... The Practice of International and National Courts and the (De-)Fragmentation of International Law (Paperback)
Ole Kristian Fauchald, Andre NollKaemper
R1,718 Discovery Miles 17 180 Ships in 10 - 15 working days

In recent decades there has been a considerable growth in the activities of international tribunals and the establishment of new tribunals. Furthermore, supervisory bodies established to control compliance with treaty obligations have adopted decisions in an increasing number of cases. National courts further add to the practice of adjudication of claims based on international law. While this increasing practice of courts and supervisory bodies strengthens the adjudicatory process in international law, it also poses challenges to the unity of international law. Most of these courts operate within their own special regime (functional, regional, or national) and will primarily interpret and apply international law within the framework of that particular regime. The role of domestic courts poses special challenges, as the powers of such courts to give effect to international law, as well as their actual practice in applying such law, largely will be determined by national law. At the same time, both international and national courts have recognised that they do not operate in isolation from the larger international legal system, and have found various ways to counteract the process of fragmentation that may result from their jurisdictional limitations. This book explores how international and national courts can, and do, mitigate fragmentation of international law. It contains case studies from international regimes (including the WTO, the IMF, investment arbitration and the ECtHR) and from various national jurisdictions (including Japan, Norway, Switzerland and the UK), providing a basis for conclusions to be drawn in the final chapter.

Reputation and Judicial Tactics - A Theory of National and International Courts (Hardcover): Shai Dothan Reputation and Judicial Tactics - A Theory of National and International Courts (Hardcover)
Shai Dothan
R2,923 Discovery Miles 29 230 Ships in 12 - 17 working days

This book argues that national and international courts seek to enhance their reputations through the strategic exercise of judicial power. Courts often cannot enforce their judgments and must rely on reputational sanctions to ensure compliance. One way to do this is for courts to improve their reputation for generating compliance with their judgments. When the court's reputation is increased, parties will be expected to comply with its judgments and the reputational sanction on a party that fails to comply will be higher. This strategy allows national and international courts, which cannot enforce their judgments against states and executives, to improve the likelihood that their judgments will be complied with over time. This book describes the judicial tactics that courts use to shape their judgments in ways that maximize their reputational gains.

Arbitration in China - A Legal and Cultural Analysis (Hardcover, New): Kun Fan Arbitration in China - A Legal and Cultural Analysis (Hardcover, New)
Kun Fan
R3,986 Discovery Miles 39 860 Ships in 10 - 15 working days

In the context of harmonisation of arbitration law and practice worldwide, to what extent do local legal traditions still influence local arbitration practices, especially at a time when non-Western countries are playing an increasingly important role in international commercial and financial markets? How are the new economic powers reacting to the trend towards harmonisation? China provides a good case study, with its historic tradition of non-confrontational means of dispute resolution now confronting current trends in transnational arbitration. Is China showing signs of adapting to the current trend of transnational arbitration? On the other hand, will Chinese legal culture influence the practice of arbitration in the rest of the world? To address these challenging questions it is necessary to examine the development of arbitration in the context of China's changing cultural and legal structures. Written for international business people, lawyers, academics and students, this book gives the reader a unique insight into arbitration practice in China, based on a combination of theoretical analysis and practical insights. It explains contemporary arbitration in China from an interdisciplinary perspective and with a comparative approach, setting Chinese arbitration in its wider social context to aid understanding of its history, contemporary practice, the legal obstacles to modern arbitration and possible future trends. In 2011 the thesis on which this book was based was named 'Best Thesis in International Studies' by the Swiss Network for International Studies. "What distinguishes this work from other books on international arbitration is its interdisciplinary perspective and comparative approach...this book makes a remarkable contribution to the understanding of arbitration in China and transnational arbitration in general. Academics, scholars and students of international arbitration, comparative studies and globalisation may all find this book stimulating. It also provides useful guidance for practitioners involved or interested in arbitration in China." From the Foreword by Gabrielle Kaufmann-Kohler

Counsel Misconduct before the International Criminal Court - Professional Responsibility in International Criminal Defence... Counsel Misconduct before the International Criminal Court - Professional Responsibility in International Criminal Defence (Hardcover, New)
Till Gut
R5,817 Discovery Miles 58 170 Ships in 10 - 15 working days

This is the first comprehensive study of the law governing professional misconduct by defense lawyers before the International Criminal Court (ICC). The ICC's regulatory regime was introduced in response to instances of misconduct experienced by other international and domestic criminal courts. The book first turns to how the ICC's forerunners - the International Criminal Tribunals for the former Yugoslavia and Rwanda, and the Special Court for Sierra Leone - coped with misconduct, often resulting in controversy. It also looks at the approaches which have evolved in Germany and the United States, reflecting the different role of defense lawyers in the civil and common law criminal justice traditions. It offers a unique insight into the professional responsibilities of defense lawyers within the various international and national regimes. Offering practical guidance on disciplinary systems and other sanctioning mechanisms, the book also explores the inherent tension at the heart of the defense lawyer's role: ensuring the human right to a fair trial and therefore anticipating that they will be zealous advocates for their clients, while, at the same time, expecting that they commit themselves as officers of the court. (Series: Studies in International and Comparative Criminal Law - Vol. 11)

A History of Settlement in Ireland (Paperback): Terry Barry A History of Settlement in Ireland (Paperback)
Terry Barry
R1,666 Discovery Miles 16 660 Ships in 10 - 15 working days

A History of Settlement in Ireland provides a stimulating and thought-provoking overview of the settlement history of Ireland from prehistory to the present day. Particular attention is paid to the issues of settlement change and distribution within the contexts of: * environment * demography * culture. The collection goes further by setting the agenda for future research in this rapidly expanding area of academic interest. This volume will be essential reading for all those with an interest in the archaeology, history and social geography of Ireland.

Legal Principles in WTO Disputes (Paperback): Andrew D. Mitchell Legal Principles in WTO Disputes (Paperback)
Andrew D. Mitchell
R1,146 Discovery Miles 11 460 Ships in 12 - 17 working days

Principles play a crucial role in any dispute settlement system, and the World Trade Organization (WTO) is no exception. However, WTO Panels and the Appellate Body have been too timid in using principles, sometimes avoiding their use when appropriate and at other times using them without fully acknowledging that they are doing so. Perhaps more worryingly, these bodies often fail to delve deeply enough into principles. They tend to overlook key questions such as the legal basis for using a given principle, whether the principle is being used in an interpretative manner or as applicable law and the meaning of the principle in public international law. This book establishes a framework for addressing these questions. The use of such a framework should allay fears and misconceptions about the use of principles and ensure that they are used in a justifiable manner, improving the quality of dispute settlement in the WTO.

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