The Tribunal, concerned principally with the claims of US nationals against Iran, is the most important international claims tribunal to have sat in over half a century. Its jurisprudence is bound to make a uniquely important contribution to international law and, in particular, the law relating to aliens. The series is the only complete and fully indexed report of the decisions of this unique Tribunal. These Reports are essential for all practitioners in the field of international claims, academics in private and public international law, and comparative lawyers, as well as all governments and law libraries. Each volume contains a detailed consolidated index and tables of cases covering the whole series to date.

Over the last half-century, as UNCITRAL official, professor, arbitrator and father of the Willem C. Vis Arbitration Moot, Eric Bergsten has been at the forefront of progress in international commercial arbitration. Now, on the occasion of his eightieth birthday, the international arbitration and sales law community has gathered to honour him with this substantial collection of new essays on the many facets of the field to which he continues to bring his intellect, integrity, inquisitive nature, eye for detail, precision, and commitment to public service. Celebrating the long-standing and sustained contribution Eric Bergsten has made in international commercial law, international arbitration, and legal education, more than fifty colleagues - among them quite a few of the best-known arbitrators and arbitration academics in the world - present 45 pieces that, individually both engaging and incisive, collectively present a thorough and far-reaching account of the state of the field today, with contributions covering international sales law, commercial law, commercial arbitration, and investment arbitration. In addition, nine essays on issues in legal education mirror the great importance of the renowned Willem C. Vis International Commercial Arbitration Moot, Eric's Vienna project which has offered a life-changing experience for so many young lawyers from all over the world. Although the book was planned as a token of appreciation and gratitude, the perspectives and insights that emerged as this substantial and authoritative collection of essays took shape offer immeasurable promise to the community of arbitration professionals. The book will be consulted for decades to come.

* Offers a user-friendly treatment of the intersection of code, statute, and case law that defines the law of crimes with critical, ethical, and moral emphasis on why certain conduct has been defined and deemed criminal by design * Written from a perspective honoring those entrusted with the many functions and processes related to the law of crimes * Uses a more Socratic method than the competitors by emphasizing the jurisprudential wisdom behind particular laws

This book highlights the importance of optional choice of court agreements, and the need for future research and legal development in this area. The law relating to choice of court agreements has developed significantly in recent years, reflecting their increased use in practice. However, most recent legal developments concern exclusive choice of court agreements. In comparison, optional choice of court agreements, also called permissive forum selection clauses and non-exclusive jurisdiction clauses, have attracted little attention from lawmakers or commentators. This collection is comprised of 19 National Reports, providing a critical analysis of the legal treatment of optional choice of court agreements, including asymmetric choice of court agreements, under national laws as well as under multilateral instruments. It also includes a General Report offering an overview of this area of the law and a synthesis of the findings of the national reporters. The contributions to this collection show that the legal treatment of optional choice of courts differs between legal systems. In some countries, the law on the effect of optional choice of court agreements is at an early stage in its development, whereas in others the law is relatively advanced. Irrespective of this, the national reporters identify unresolved issues with the effect of optional choice of court agreements, where the law is unclear or the cases are conflicting, demonstrating that this topic warrants greater attention. This book is of interest to judges, legislators, lawyers, academics and students who are concerned with private international law and international civil procedure.

This book presents an in-depth analysis of the environmental issues raised in the South China Sea Arbitration Awards, which have not attracted as much attention in the Philippines as the "nine-dash line". Specifically it focuses on the conservation of endangered species and the conservation of fragile ecosystems in the South China Sea. The aims of the book are two-fold. First, it seeks to explain the Philippine perspective on the environmental aspects of its dispute with China. The book reconstructs the Philippine perspective in part by consulting several dozens of the hundreds of documents that the Philippines submitted to the Tribunal. Some of these documents were classified as secret and would thus have never been made available to the public had it not been for the arbitration. Second, it attempts to explain the decisions of the Tribunal on jurisdiction and admissibility as well as the decisions on the merits of the dispute. The book does this by consulting not only the two Awards but also the hundreds of pages of transcripts, expert reports, supplemental submissions and written responses by the Philippines to questions posed by the Tribunal.

This book sets out an agenda to transform international criminal trials and the delivery of international criminal justice to victim communities through collaboration of currently competing paradigms. It reflects a transformation of thinking about the comparative analysis of the trial process, and seeks to advance the boundaries of international criminal justice through wider access and inclusivity in an environment of rights protection.Collaborative justice is advanced as providing the future context of international criminal trials. The book's radical dimension is its argument for the harmonization of restorative and retributive justice within the international criminal trial. The focus is initially on the trial process, a key symbol of developing international styles of justice. It examines theoretical models and political applications of criminal justice through detailed empirical analysis, in order to explore the underlying relationship of theory and empirical study, applying the outcome in theory testing and policy evaluation in several different jurisdictions. The book injects a significant comparative dimension into the study of international criminal justice.This is achieved through searching the traditional foundations of internationalism in justice by employing an original methodology to enable a multi-dimensional exploration of contexts (local, regional and global), so recognising the importance of difference within an agenda suggesting synthesis.The book argues for a concept of international trial within a 'rights paradigm', understood against different procedural traditions and practices, and provides a detailed description of trials and trial decision-making in various jurisdictions. Transforming International Criminal Justice also sets out to develop effective research strategies as part of its interrogation of specific trial narratives and meanings in contemporary legal cultures. Key themes are those of internationalisation, fair trial and the exercise of discretion in justice resolutions (sentencing in particular), and the lay/professional relationship and its dynamics. Finally, the book provides a searching critique of the relevance of existing criminology and legal sociology in relation to international criminal justice, and speculates on trial transformation and the merger of retributive and restorative international criminal justice. comparative analysis of the criminal trial process internationallyargues for harmonization of retributive and restorative justice within the international criminal trialsets out an agenda to transform international criminal trials and the delivery of international criminal justice to victim communities

With its often vague legal concepts and institutions that operate according to unfamiliar procedures, judicial decision-making is, in many respects, a highly enigmatic process. New Directions in Judicial Politics seeks to demystify the courts, offering students the insights of empirical research to address questions that are of genuine interest to students.

In addition to presenting a set of conclusions about the way in which courts operate, this book also provides students with a sense of the craft of political research, illustrating how one can account for a variety of factors that might affect the courts and how they operate. New Directions in Judicial Politics invites critical thinking, not only about the original research presented by some of the most noted scholars in the field, but also about the validity and generalizability of material encountered in a study of judicial politics.

"A masterly work of military and judicial history." -New York Times. Telford Taylor's book is a defining piece of World War II literature, an engrossing and reflective eyewitness account of one of the most significant events of our century. In 1945, the Allied nations agreed on a judicial process, rather than summary execution, to determine the fate of the Nazis following the end of World War II. Held in Nuremberg, the ceremonial birthplace of the Nazi Party, the British, American, French, and Soviet leaders contributed both judges and prosecutors to the series of trials that would prosecute some of the most prominent politicians, military leaders and businessmen in Nazi Germany. This is the definitive history of the Nuremberg crimes trials by one of the key participants, Telford Taylor, the distinguished lawyer who was a member of the American prosecution staff and eventually became chief counsel. In vivid detail, Taylor portrays the unfolding events as he "saw, heard, and otherwise sensed them at the time, and not as a detached historian working from the documents might picture them." Table of Contents: 1 Nuremberg and the Laws of War 2 The Nuremberg Ideas 3 Justice Jackson Takes Over 4 Establishing the Court: The London Charter 5 The Defendants and the Charges: Krupp and the German General Staff 6 Berlin to Nuremberg 7 Nuremberg: Pretrial Pains and Problems 8 On Trial 9 The Nuremberg War Crimes Community 10 The SS and the General Staff-High Command 11 Individual Defendants, Future Trials, and Criminal Organizations 12 The French and Soviet Prosecutions 13 The Defendants: Goering and Hess 14 The Defendants: "Murderers' Row" 15 The Defendants: Bankers and Admirals 16 The Defendants: The Last Nine 17 The Closing Arguments 18 The Indicted Organizations 19 The Defendants' Last Words 20 The Judgments of Solomons 21 Judgment: Law, Crime, and Punishment Taylor describes personal vendettas among the Allied representatives and the negotiations that preceded the handing down of sentences. The revelations have not lost their power over the decades: The chamber is reduced to silence when an SS officer recounts impassively that his troops rounded up and killed 90,000 Jews, and panic overcomes the head of the German State Bank as it becomes clear that he knew his institution was receiving jewels and other valuables taken from the bodies of concentration camp inmates.

Research Handbook on EU Institutional Law offers a critical look into the European Union: its legal foundations, competences and institutions. It provides an analysis of the EU legal system, its application at the national level and the prevalent role of the Court of Justice. Throughout the course of the Handbook the expert contributors discuss whether the European Union is well equipped for the 21st century and the numerous crises it has to handle. They revisit the call for an EU reform made in the Laeken Conclusions in 2001 to verify if its objectives have been achieved by the Treaty of Lisbon and in daily practice of the EU institutions. The book also delves into the concept of a Europe of different speeds, which - according to some - is inevitable in the EU comprising 28 Member States. Overall, the assessment of the changes introduced by the Lisbon Treaty is positive, even if there are plenty of suggestions for further reforms to re-fit the EU for purpose. Students and scholars will find this original Handbook to be an invaluable resource, particularly due to its focus on topics for future discussion. Researchers and policy-makers will also benefit from the points raised in this book. Contributors include: F. Amtenbrink, M. Avbelj, M. Bobek, S. Blockmans, A.B. Capik, T. Capeta, M. Claes, D. Curtin, A. Cygan, B. de Witte, M. Everson, K. Gutman, M. Hillebrandt, S.L. Kaleda, M. Kuijer, A. Lazowski, J. Mendes, A. Sikora, K. van Duin, E. Vos

The book summarizes the work of international criminal courts focusing on the political challenges faced by them. It is a practical, comprehensive manual on the origin and development of international criminal justice and includes the criminal tribunals of Nuremberg, Tokyo, Yugoslavia, Rwanda, East Timor, Sierra Leone, Cambodia, Lebanon, Iraq.

The UNCITRAL Model Law on International Commercial Arbitration has been a great success in harmonizing the law of arbitration around the world. Several dozen countries have either adopted the law or amended their own laws to be in conformity with it. The fact that the law is the same in so many countries allows courts from each country to benefit from the interpretation of the Model Law provisions in many countries. This book, written by distinguished arbitration practitioners, compiles decisions applying the Model Law from most Model Law jurisdictions, and organizes them in order to provide easy reference. The cases are organized by section of the Model law, with the cases applying that section from multiple jurisdictions summarized together. Each summary includes a statement of the holding of the case, a broader summary of the facts and the ruling, and case citations. This compilation will allow arbitration counsel to compare and to readily use rulings under each Model Law section from multiple jurisdictions. Decisions are compiled applying the Model Law from various Model Law jurisdictions and cases are organized by section of the Model Law, with the cases applying to that section from multiple jurisdictions summarized together.

The Tribunal, concerned principally with the claims of US nationals against Iran, is the most important international claims tribunal to have sat in over half a century. Its jurisprudence is bound to make a uniquely important contribution to international law and, in particular, the law relating to aliens. The series is the only complete and fully indexed report of the decisions of this unique Tribunal. These Reports are essential for all practitioners in the field of international claims, academics in private and public international law, and comparative lawyers, as well as all governments and law libraries. Each volume contains a detailed consolidated index and tables of cases covering the whole series to date.

Against a background of worldwide competition among jurisdictions to host arbitral proceedings in the wake of globalization, the very special advantages of Macau are rising inexorably. A European settlement since the sixteenth century, this Portuguese-speaking city on China's south coast has been positioning itself as an exemplary East - West trade centre since China's famous 'opening' to the West in the 1970s. Now, diversifying its role as a service platform, Macau is poised to become a preeminent locus for commercial arbitration between China and the major developed and emerging trade nations of the West - of particular interest to its major Lusophone counterparts Brazil, Angola, Mozambique, and Portugal, but, because of its traditional and highly developed 'Europeanness,' to other major trading jurisdictions as well. This book does not only provide thoroughgoing answers to the question, 'Why should arbitration proceedings take place in Macau?' - it goes far deeper, examining Macau's current legal and economic systems and ultimately offering a 'roadmap' to facilitate the emergence - and international acceptance - of Macau as a prime focus for international commercial arbitration involving China. Among the topics arising in the course of the analysis are the following:; elements that parties consider when selecting an arbitral seat; China's interest in the diverse markets and resources of Portugal, Brazil, and Portuguesespeaking Africa and Asia; the unrealized potential for economic co-operation between China and the Lusophone community of nations; Macau as a cultural and economic platform; Macau's high degree of autonomy;; comparative law and Macau's vantage point; stakeholders - legislators, arbitral institutions, arbitrators, the hospitality industry; Sino-Lusophone commercial arbitration as a specific market; Macau's legal framework; the role of the New York Convention; and measures to ensure the international enforceability of awards. Focusing on the challenges and hurdles Macau needs to overcome in order to succeed in this endeavour, the author provides detailed recommendations and guidelines concerning such important aspects of an arbitral seat as qualified administrative staff, qualified arbitrators, suitable arbitration rules, time and cost efficiency, publication of arbitral awards, a model arbitration clause, purpose-built facilities, and skilled professional translators and interpreters with legal knowledge. This roadmap will be useful not only for Macau but also for others jurisdictions interested in asserting themselves as suitable venues for international commercial arbitration.

This book provides an analysis of whether the International Criminal Court can be regarded as an International Criminal World Court, capable of exercising its jurisdiction upon every individual despite the fact that not every State is a Party to the Rome Statute. The analysis is based on a twin-pillar system, which consists of a judicial and an enforcement pillar. The judicial pillar is based on the most disputed articles of the Rome Statute; its goal is to determine the potential scope of the Court's strength through the application of its jurisdiction regime. The enforcement pillar provides an analysis of the cooperation and judicial assistance mechanism pursuant to the Rome Statute's provisions and its practical implementation through States' practices. The results of the analysis, and the lack of an effective enforcement mechanism, demonstrate that the ICC cannot in fact be considered a criminal world court. In conclusion, possible solutions are presented in order to improve the enforcement pillar of the Court so that the tremendous strength of the ICC's judicial pillar, and with it, the exercise of worldwide jurisdiction, can be effectively implemented.

Investment Treaty Arbitration is an excellent teaching tool for lecturers and readers of international investment arbitration. This casebook includes over forty exercises based on real-life disputes, helping readers evaluate and analyze all aspects of the topic. Intended to set out a basis for discussion in seminars, the material has been developed by the eminent practitioner and academic Kaj Hober, using a teaching structure proven to be successful. Key features include: ? extensive examples of cases alongside seminar exercises and mini mock arbitrations to help students put their knowledge into practice material built on the problem-based learning method, using fact patterns and allowing for in-depth discussion and a confident understanding of complex arbitration cases? exercises including questions to answer, problems to solve and group exercises, alongside excerpts of the relevant cases for annotation and analysis. The most wide-ranging textbook in the area, covering both substantive investment law and arbitration, this will become the key casebook for Master?'s level courses or other advanced courses in international arbitration. It will also serve as a supplementary text for those studying investment law more broadly.

The distinct advantages of international commercial arbitration (including ICC arbitration) for companies, States, or individuals seeking to resolve international disputes are well known. Among these advantages is the possibility for lawyers (and others) from many different jurisdictions to participate in the process. However, some lawyers have unfortunately succeeded in creating a mystique about international arbitration that tends to discourage parties who could otherwise benefit greatly from the arbitral process. Here at last is an enormously useful book with the avowed aim of doing away with this mystique, so that non-specialist lawyers (whether in-house or outside counsel) and others have a clear understanding of ICC arbitration and how to make it work for their clients.

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.

The history of United Nations peacekeeping is largely one of failure. This book puts a case for augmenting "ad hoc" peacekeepers with competent contract labour; and within the constraints of a new legal regime, supporting future operations with well-trained contractors who might subdue by force those who inflict gross human rights abuses on others.

• An up-to-date and thorough guide to obtaining and succeeding in a career in criminal justice. • Ideal for all criminal justice and criminology departments incorporating internships and experiential learning into their programs • Takes a wholistic approach that covers important dynamics such as the impact of political ideologies on the work environment, the importance of empirical research, and the context in which criminal justice careers are embedded.

This book sets out an agenda to transform international criminal trials and the delivery of international criminal justice to victim communities through collaboration of currently competing paradigms. It reflects a transformation of thinking about the comparative analysis of the trial process, and seeks to advance the boundaries of international criminal justice through wider access and inclusivity in an environment of rights protection.Collaborative justice is advanced as providing the future context of international criminal trials. The book's radical dimension is its argument for the harmonization of restorative and retributive justice within the international criminal trial. The focus is initially on the trial process, a key symbol of developing international styles of justice. It examines theoretical models and political applications of criminal justice through detailed empirical analysis, in order to explore the underlying relationship of theory and empirical study, applying the outcome in theory testing and policy evaluation in several different jurisdictions. The book injects a significant comparative dimension into the study of international criminal justice.This is achieved through searching the traditional foundations of internationalism in justice by employing an original methodology to enable a multi-dimensional exploration of contexts (local, regional and global), so recognising the importance of difference within an agenda suggesting synthesis.The book argues for a concept of international trial within a 'rights paradigm', understood against different procedural traditions and practices, and provides a detailed description of trials and trial decision-making in various jurisdictions. Transforming International Criminal Justice also sets out to develop effective research strategies as part of its interrogation of specific trial narratives and meanings in contemporary legal cultures. Key themes are those of internationalisation, fair trial and the exercise of discretion in justice resolutions (sentencing in particular), and the lay/professional relationship and its dynamics. Finally, the book provides a searching critique of the relevance of existing criminology and legal sociology in relation to international criminal justice, and speculates on trial transformation and the merger of retributive and restorative international criminal justice. comparative analysis of the criminal trial process internationallyargues for harmonization of retributive and restorative justice within the international criminal trialsets out an agenda to transform international criminal trials and the delivery of international criminal justice to victim communities

This Commentary offers an article-by-article examination of the United Nations Convention on International Settlement Agreements Resulting from Mediation (the Singapore Convention), as well as insights into the negotiation process through which the Convention was developed. It provides deep theoretical and practical analysis of the Convention and its consequences for the promotion of mediation as a mechanism to solve commercial conflicts with a cross-border character. Key Features: A comparative approach with perspectives from five continents and a variety of legal traditions Critical discussion of every stage from the negotiation to the conclusion of the Convention Sound proposals for the Convention's implementation and application by States and regional organisations Contributions from a diverse group of practitioners and academics, including some who were part of the negotiation of the Singapore Convention The Commentary will be a crucial resource for practitioners, arbitrators and mediators involved in cross-border commercial disputes, as well as judges in this area. It will also be of interest to scholars working in international commercial law, arbitration and mediation.

Offering a comprehensive commentary on the Brussels I bis Regulation, chapters outline the origins and evolution of each article before delving into their interpretation in view of the case law of the European Court of Justice. Throughout the Commentary expert contributors provide guidance on this central instrument in the organization of the European judicial cooperation in civil and commercial matters. This in-depth, article-by-article Commentary reflects the status quo of European procedural law in civil and commercial matters. Its exhaustive evaluation of the corresponding case law demonstrates key precedents which can be applied to practical problems in the field related to jurisdiction, recognition and enforcement of decisions. Written using a clear, accessible structure, this Commentary will be a key resource for lawyers, judges and other legal practitioners in finding solutions to the practical difficulties they meet when dealing with cross-border disputes. Its detailed critical analysis of the regulation will also be of benefit to scholars and students of European procedural law and dispute resolution and arbitration.

The Role of Courts in Contemporary Legal Orders aims to address the rising importance of courts in contemporary legal orders. It explores the role of courts on national, international, supranational and global level. The book provides for a multi-discursive analysis - theoretical and comparative, exemplified with case-studies. This book is a timely and topical analysis of pressing issues related to the enhanced role of courts in politics and the increased impact of politics on courts. It explores fundamental issues such as the legitimacy of courts, judicial activism, theory and philosophy of judicial decision-making, and the impact of politics, ethics, logic and technology on legal argumentation. It provides an analysis of the role of courts in supranational and global constitutionalism. Furthermore, the role of constitutional courts, administrative courts and criminal courts as well as the most important international and supranational courts is critically assessed. Special attention is devoted to the role of courts in the context of democratic backsliding, illiberal democracies and populist constitutionalism. Key issues related to the impact of courts on environmental and human rights' protection are also addressed. The book finishes with the provocative chapter on the alternatives to courts.

Since 1st January 1989 Switzerland has a new International Arbitration Act, in the form of Chapter Twelve of the Federal Statute on Private International Law (PILS). In the German version of the "Basler Kommentar" on the PILS published in 1996, experienced Swiss arbitration practitioners gave a detailed commentary of the provisions on international arbitration. This commentary is now available in an English translation based on drafts by Stephen V. Berti. The book contains a comprehensive, updated introduction to international arbitration by Marc Blessing, followed by: the commentary of articles 176 - 194 PILS by Felix R. Ehrat (article 176); Robert Briner (article 177); Werner Wenger (articles 178 and 186); Wolfgang Peter and Thomas Legler (article 179); Wolfgang Peter and Caroline Freymond (article 180); Nedim Peter Vogt (article 181); Michael E. Schneider (articles 182 and 184); Stephen V. Berti (articles 183, 185 and 193); Pierre A. Karrer (article 187); Markus Wirth (articles 188 and 189); Stephen V. Berti and Anton K. Schnyder (articles 190 and 191); and Paolo Michele Patocchi and Cesare Jermini (articles 192 and 194). The work provides an in-depth analysis of the provisions of the Swiss International Arbitration Act, and explains how they became law and how they have been interpreted in practice during the first few years since they came into force.

International claims commissions have, over the last few decades, established themselves as important and permanent fixtures in international adjudication. This book provides a comprehensive review and analysis of the workings and mechanics of claims commissions to assess their success and predict their utility in the future. The book examines the legal framework of an international claims commission and the basic elements its processing procedure, as well as exploring the difficulties and challenges associated with operating costs, remedies and compliance with judgments. International claims commissions are created ad hoc to consider large numbers of complex legal claims resulting from an international upheaval, making them important international dispute resolution mechanisms. By focusing in large part on the examples set by the United Nations Claims Commissions, the Iran US Claims Tribunal, and the Eritrea Ethiopia Claims Commission, the authors assess the reasons to establish a claims commission by discussing their legal and operating structures, issues related to evidence and costs and the challenges and successes of creating them. The book concludes with a detailed analysis of lessons learnt to guide policy makers in the creation of future claims commissions. Written by two academics and a former practitioner this book is a practical resource for international law academics; counsel and judges in international courts and tribunals; policy makers in international organizations and foreign ministries, and diplomats.