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.

Questions as to when a state owes obligations under a human rights treaty towards an individual located outside its territory are being brought more and more frequently before both international and domestic courts. Victims of aerial bombardment, inhabitants of territories under military occupation, deposed dictators, suspected terrorists detained in Guantanamo by the United States, and the family of a former KGB spy who was assassinated in London through the use of a radioactive toxin, allegedly at the orders or with the collusion of the Russian government - all of these people have claimed protection from human rights law against a state affecting their lives while acting outside its territory. These matters are extremely politically and legally sensitive, leading to much confusion, ambiguity, and compromise in the existing case law.
This study attempts to clear up some of this confusion, and expose its real roots. It examines the notion of state jurisdiction in human rights treaties, and places it within the framework of international law. It is not limited to an inquiry into the semantic, ordinary meaning of the jurisdiction clauses in human rights treaties, nor even to their construction into workable legal concepts and rules. Rather, the interpretation of these treaties cannot be complete without examining their object and purpose, and the various policy considerations which influence states in their behaviour, and courts in their decision-making. The book thus exposes the tension between universality and effectiveness, which is itself the cause of methodological and conceptual inconsistency in the case law. Finally, the work elaborates on the several possible models of the treaties' extraterritorial application. It offers not only a critical analysis of the existing case law, but explains the various options that are before courts and states in addressing these issues, as well as their policy implications.

The existing literature on the substantive and procedural aspects of bilateral investment treaties (BITs) relies heavily on investment treaty arbitration decisions as a source of law. What is missing is a comprehensive, analytical review of state practice. This volume fills this gap, providing detailed analyses of the investment treaty policy and practice of nineteen leading capital-exporting states and emerging market economies. The authors are leading experts in government, academia, and private legal practice, and their chapters are largely based on primary source materials. Each chapter provides a description of the regulatory or policy framework governing foreign investment (both inflows and outflows) with a historical presentation of the state's Model BIT; an examination of internal government processes and practices relating to treaty negotiation, conclusion, ratification and record-keeping; and a detailed article-by-article analytical commentary of the state's Model BIT, elucidating the policy behind each provision and highlighting the ways in which the actual investment treaty practice of that state deviates from this standard text. This commentary is supplemented by the case law relevant to that state's investment treaties. This commentary will be of immense assistance to counsel and arbitrators engaged in arguing and determining the proper interpretation of BITs and investment chapters in Free Trade Agreements, and to government officials and scholars engaged in BIT policy formulation and implementation. It will serve as a standard resource for legal practitioners, scholars, policy-makers and other stakeholders in the field of international investment policy, law, and arbitration.

This book attempts to establish how courts of general jurisdiction differ from specialized human rights courts in their approach to the implementation and development of international human rights. Why do courts of general jurisdiction face particular problems in relation to the application of international human rights law and why, in other cases, are they better placed than specialized human rights courts to act as guardians of international human rights? At the international level, this volume focusses on the International Court of Justice and courts of regional economic integration organizations in Europe, Latin America and Africa. With regard to the judicial implementation of international human rights and human rights decisions at the domestic level, the contributions analyze the requirements set by human rights treaties and offer a series of country studies on the practice of domestic courts in Europe, the Americas, Africa and Asia. This book follows up on research undertaken by the International Human Rights Law Committee of the International Law Association. It includes the final Committee report as well as contributions by committee members and external experts.

The Elgar Companion to the International Criminal Tribunal for Rwanda is a one-stop reference resource on this complex tribunal, established in the aftermath of the 1994 genocide in Rwanda, which closed its doors on 31 December 2015. This Companion provides an insightful account of the workings and legacy of the ICTR in the field of international criminal justice. Surveying and analyzing the contributions from different disciplinary angles, the Companion is comprised of four comprehensive parts. It begins with a detailed account of the establishment of the ICTR, covering the setting up of the tribunal, its mandate, structure and personnel. The second part explores substantive law and examines issues such as genocide, crimes against humanity, war crimes, sexual violence and modes of liability. The third part discusses procedural law and explores investigation, arrest, trial/appeal, evidence, rights of the accused, rights of victims and sentencing. It concludes with the fourth part, which considers the contribution of the ICTR to international criminal justice, as well as to the lives of Rwandans. An important contribution to the jurisprudence of international criminal courts, the Companion will appeal to academics, students and legal practitioners alike. It will be fascinating reading for anyone interested in international criminal law or the recent history of Rwanda. Contributors include: P. Akhavan, K. Ambos, S. Bock, C. Buisman, N.A. Combs, A.-M. de Brouwer, M.A. Drumbl, H. Hintjens, B. Hola, H.B. Jallow, U. Kaitesi, G.W. Mugwanya, R. Muzigo-Morrison, F.M. Ndahinda, F.-X. Nsanzuwera, A. Odora-Obote, V. Oosterveld, C. Paulussen, N Pillay, A. Smeulers

Central and Eastern Europe (CEE) is the testing ground for investment arbitration in Europe: the majority of the cases against EU Member States are proceedings launched against countries from within the region. Despite their relevance, CEE experiences have not previously been analysed in a comprehensive manner. This book takes a systematic country-by-country approach covering all the CEE jurisdictions. Each chapter provides detailed information and insight into the respective jurisdiction, setting out the policy and treaty landscape, the legal status of investor-state arbitration and alternative remedies. This is supplemented by a detailed analysis of the investor-state arbitration decisions in each country. Key features include: the first comprehensive survey of investment arbitration in CEE countries written by leading practitioners and academics in their respective jurisdictions an insider perspective into CEE investment cases consideration of political, economic and regulatory factors a practical case-law oriented approach to investment arbitration within CEE. Arbitrators and investment practitioners will benefit greatly from the comprehensive survey and detailed case analysis. The book will be invaluable for firms advising businesses with operations in the region, and for anyone involved in arbitral proceedings involving CEE countries. Contributors include: A. Andhov, I. Bimbilovski, K. Brockova, M. Cap, Y. Cottrill, A.-M. Culjak, R. Daujotas, I. Druviete, P. Flere, R. Griguolaite, G. Hajdu, J. Heyduk, V. Korom, M. Olik, A. Petrov, W. Sadowski, E.K. Selga, K. Simalova, E. Spiroska, C.-G. Stanescu, UE. Talviste, P. Treder, Z. Vig, P. Zivkovi , M. Zupan

Judicial dialogue is one of the pressing phenomena in contemporary EU law and constitutional law. It is a device of judicial policy-making and networking and an instrument for policy coordination and negotiation between the national, international and supranational legal orders. Judicial dialogue is also tipping point of the influence of courts on multilevel constitutional politics in the context of global constitutional (dis)order. This book provides original analysis of the different aspects of judicial dialogue. It starts with exploring the constitutional dimension of this phenomenon. The volume offers insightful analysis in relation to the spheres of public finance management, putting emphasis on the judicial dialogue related to the Economic and Monetary Union and the Eurozone crisis management. It outlines important issues of judicial dialogue in Private International Law and international dispute settlement. The book finishes with enlightening case-studies of the judicial dialogue between the Court of Justice of the EU and several national courts. The book offers novel theoretical insights and comparative research combined with case-studies.

The book presents arguments derived from primary sources related to international arbitration in South Asian jurisdictions, a list of the same is made available therein. The book is a research statement on the contemporary concerns within international commercial arbitration, especially related to enforcement of foreign arbitral awards. Importantly, the book through a unique methodology of interface, presents the gratuitous nature of Article 34 of the UNCITRAL Model Law when read with Article V of the New York Convention, especially the plea to the States within Article VII of the same Convention to ease the restrictions and the process of enforceability of foreign arbitral awards. The book also articulates another important and immediate need with regard to international arbitration - the delimitation of public policy exception to recognition and enforcement of foreign arbitral awards. It critiques the jurisprudence related to arbitration in jurisdictions spread across different geographic regions, thereby enabling the reader to gain an insight into their practices, apart from ensuring a comparative perspective. The book addresses the primary concern related to international arbitration - enforcement of foreign arbitral awards and the grounds for challenges articulated within the New York Convention and the UNCITRAL Model Law. It addresses these grounds, and articulates the necessity for carving the criteria for the application of public policy exception. The book will not only be a useful resource for policy makers, students and researchers interested in international commercial arbitration, and private international law, but also for practitioners working on dispute resolution in trans-jurisdictional disputes in South Asia and beyond. "...The present book is not just another book contributing to the endless list of literature already widely used in International Commercial Arbitration on public policy but, in my opinion, is unique in many respects. The distinguishing factor of this book is its regional perspective..." - Justice Deepak Verma, Former Judge of Supreme Court of India and Arbitrator "...This book addresses this core element of the success story of arbitration: enforcement and refusal to enforce and, hence, its relevance cannot be overstated..." - Csongor Istvan Nagy, Professor of Law and Head, Department of Private International Law, University of Szeged, Hungary Detailed Forewords are available in the book and can be freely downloaded from https://link.springer.com/book/10.1007/978-981-16-2634-0

Although there are several books currently in publication which are useful for those who either want to become mediators or want to know more about the theory, there are no publications for those involved in commercial mediation practice. International Commercial Mediation is a practical guidebook that explains how to handle and complete a mediation, as well as how to personally market the skills developed as a mediator. The book provides examples, supplies forms, and explains procedures of actual working mediations which can be used to adapt to individual needs. It also deals with advanced practitioner issues and the emerging law on international mediation. Contents include: mediation as a form of ADR the development of mediation in the construction industry differences between construction and general commercial mediation the construction mediation process the initial meeting commencement of the mediation mediator control traditional mediation methods specific constru

A Practical Guide to International Arbitration in London takes a pragmatic look at how to run an international arbitration where the seat of the arbitration is London. The book also examines the role of the English courts in assisting foreign arbitrations and in relation to enforcement of foreign awards. Contents include: dome relevant aspects of the English legal system and practice overview of the advantages and disadvantages of arbitration compared with other forms of dispute resolution understanding arbitration clauses the scope of the arbitration clause choosing the tribunal and the legal team activity and consideration prior to commencing an arbitration first steps in the process activity and considerations upon formation of the tribunal jurisdiction directions and timetable applications to the court prior to the hearing ongoing issues and preparing for hearings awards challenges to the award enforcement of an English or foreign award investment trea

"The increased interest in international arbitration as a method of dispute resolution in cross-border contracts, and the widespread practice of including arbitration clauses in such contracts, means that practitioners are often called upon to advise on disputes which will be heard abroad. Ready access to the relevant arbitration laws in force at the seat (or potential seat) of the arbitration is essential. The Arbitration Handbook collects together in one volume the laws in force in more than twenty countries, with the main procedural rules used in each of those countries. Each section has a short introduction identifying relevant treaty obligations, the main arbitral bodies and the principal laws in force. Additionally, there is an international section in which the UNCITRAL Model Law and Arbitration Rules are set out and in which the major international conventions relating to arbitration, such as the New York Convention and table of signatories, are reproduced. The section also inc

When national courts judge international crimes like genocide, crimes against humanity and war crimes, they can draw on both national and international criminal law. The relationship between these two bodies of law is not always clear. Can national courts base prosecutions of international crimes directly on international criminal law? In a world where national laws often proscribe international crimes in an incomplete or deficient manner, this question has considerable practical relevance for the enforcement of international criminal law. Yet, it has received little attention in doctrine while practice shows widely divergent approaches of national courts to the feasibility of direct application. The author examines the concept of the direct application of international criminal law in national courts. He provides a rich description of the relevant practice in many different States ranging from Argentina to Senegal. Easily accessible, this book is a valuable tool for academics and practitioners alike.

As all manner of commerce becomes increasingly global, states must establish laws to protect property rights, human rights, and national security. In many cases, states delegate authority to resolve disputes regarding these laws to an independent court, whose power depends upon its ability to enforce its rulings. Examining detailed case studies of the International Court of Justice and the transition from the General Agreement on Tariffs and Trade to the World Trade Organization, Leslie Johns finds that a court's design has nuanced and mixed effects on international cooperation. A strong court is ideal when laws are precise and the court is nested within a political structure like the European Union. Strong courts encourage litigation but make states more likely to comply with agreements when compliance is easy and withdraw from agreements when it is difficult. A weak court is optimal when law is imprecise and states can easily exit agreements with minimal political or economic repercussions. Johns concludes the book with recommendations for promoting cooperation by creating more precise international laws and increasing both delegation and obligation to international courts.

International arbitration is becoming more complex, and its importance continues to grow. The internatinal system for enforcement of arbitration awards is unparalleled. Increasing globalisaiton, cross-border trade and foreign investment require such a system. Private, consensual processes for dispute resolution can be flexible and sensitive to buiness needs. State court stytems to not offer such advantages. Getting the benefits of these advantages required an understanding of the complex web of international conventions, arbitration laws, institutional rules, and the necessary elements for an effective arbitration agreement. International Arbitration: A Handbook guides to reader to the relevant laws and rules, and provides an overview of the most important legal and practical matters for each stage of the aribtration process.

As all manner of commerce becomes increasingly global, states must establish laws to protect property rights, human rights, and national security. In many cases, states delegate authority to resolve disputes regarding these laws to an independent court, whose power depends upon its ability to enforce its rulings. Examining detailed case studies of the International Court of Justice and the transition from the General Agreement on Tariffs and Trade to the World Trade Organization, Leslie Johns finds that a court's design has nuanced and mixed effects on international cooperation. A strong court is ideal when laws are precise and the court is nested within a political structure like the European Union. Strong courts encourage litigation but make states more likely to comply with agreements when compliance is easy and withdraw from agreements when it is difficult. A weak court is optimal when law is imprecise and states can easily exit agreements with minimal political or economic repercussions. Johns concludes the book with recommendations for promoting cooperation by creating more precise international laws and increasing both delegation and obligation to international courts.

The Rome Statute of the International Criminal Court entered into force in 2002 and the ICC will soon be fully operational. Earlier in the ICC process, an international conference was held in Trento to address a specific issue that is still unresolved in the post-Rome negotiations: the crime of aggression. Article 5 of the ICC Statute includes aggression, yet the Statute postpones the exercise of its jurisdiction over the crime of aggression until such time as further provisions have been prepared on the definition of this crime and on the related conditions for the Court's intervention. This important volume collects the papers given by the participants at the Trento Conference. The volume is divided into three parts: the historical background of the crime of aggression; the definition of the crime of aggression, in light of proposals in the Preparatory Commission; and various points of view on the relationship between the Court's competence in adjudicating cases of alleged crimes of aggression and the Security Council's competence.

This insightful volume is essential for a clearer understanding of dispute resolution. After examining the historical and intellectual foundations of dispute processing, Carrie Menkel-Meadow turns her attention to the future of conflict resolution.

Brand recognition is crucial to companies promoting the sale of products and services. Directors invest considerable revenue into developing brand imagery that is unique and identifiable. Linking intellectual property law and international investment law, Arbitrating Brands takes the opportunity to analyse trade marks and brands as examples of foreign direct investment. In light of the Phillip Morris cases against Australia and Uruguay, Metka Potocnik explores the substantive protection of trade marks under international investment treaties, unpacking the specifics of arbitrating investment claims arising out of state trade mark regulation. Utilising plain packaging regulation for tobacco products as a springboard for analysis, this book offers a practical approach with recommendations for arbitrators on how to approach trade mark investment cases. Detailed and insightful, this book is essential reading for arbitration practitioners, offering practical analytical tools to approaching the adjudication of trade mark investment disputes. It will also be of interest to the growing group of researchers and students focusing on intellectual property arbitration. Furthermore, brand owners following developments in the field will benefit from this book's insight into the trajectories of trade mark legislation.

The very purpose of international law is the peaceful settlement of international disputes. Over centuries, states and more recently, organizations have created substantive rules and principles, as well as affiliated procedures, in the pursuit of the peaceful settlement of disputes. This volume of the Library of Essays in International Law focuses on the classic procedures of peaceful settlement: negotiation, good offices, inquiry, conciliation, arbitration, judicial settlement, and agencies for dispute resolution. The introduction provides a unique historic overview, explaining how the procedures first developed and changed over time. Each chapter features a seminal essay that helped create the changes described in the introduction. Being at the center of international law, dispute resolution has always been a core topic of international scholarship, this volume brings together for the first time, the pivotal writing in the field.

The book presents arguments derived from primary sources related to international arbitration in South Asian jurisdictions, a list of the same is made available therein. The book is a research statement on the contemporary concerns within international commercial arbitration, especially related to enforcement of foreign arbitral awards. Importantly, the book through a unique methodology of interface, presents the gratuitous nature of Article 34 of the UNCITRAL Model Law when read with Article V of the New York Convention, especially the plea to the States within Article VII of the same Convention to ease the restrictions and the process of enforceability of foreign arbitral awards. The book also articulates another important and immediate need with regard to international arbitration - the delimitation of public policy exception to recognition and enforcement of foreign arbitral awards. It critiques the jurisprudence related to arbitration in jurisdictions spread across different geographic regions, thereby enabling the reader to gain an insight into their practices, apart from ensuring a comparative perspective. The book addresses the primary concern related to international arbitration - enforcement of foreign arbitral awards and the grounds for challenges articulated within the New York Convention and the UNCITRAL Model Law. It addresses these grounds, and articulates the necessity for carving the criteria for the application of public policy exception. The book will not only be a useful resource for policy makers, students and researchers interested in international commercial arbitration, and private international law, but also for practitioners working on dispute resolution in trans-jurisdictional disputes in South Asia and beyond. "...The present book is not just another book contributing to the endless list of literature already widely used in International Commercial Arbitration on public policy but, in my opinion, is unique in many respects. The distinguishing factor of this book is its regional perspective..." - Justice Deepak Verma, Former Judge of Supreme Court of India and Arbitrator "...This book addresses this core element of the success story of arbitration: enforcement and refusal to enforce and, hence, its relevance cannot be overstated..." - Csongor Istvan Nagy, Professor of Law and Head, Department of Private International Law, University of Szeged, Hungary Detailed Forewords are available in the book and can be freely downloaded from https://link.springer.com/book/10.1007/978-981-16-2634-0

International investment arbitration remains one of the most controversial areas of globalisation and international law. This book provides a fresh contribution to the debate by adopting a thoroughly empirical approach. Based on new datasets and a range of quantitative, qualitative and computational methods, the contributors interrogate claims and counter-claims about the regime's legitimacy. The result is a nuanced picture about many of the critiques lodged against the regime, whether they be bias in arbitral decision-making, close relationships between law firms and arbitrators, absence of arbitral diversity, and excessive compensation. The book comes at a time when several national and international initiatives are under way to reform international investment arbitration. The authors discuss and analyse how the regime can be reformed and ow a process of legitimation might occur.

Drawing on a wide range of previously unpublished sources, this unique history of international commercial arbitration in the modern era identifies three periods in its development: the Age of Aspirations (c. 1780-1920), the Age of Institutionalization (1920s-1950s), and the Age of Autonomy (1950s-present). Mikael Schinazi analyzes the key features of each period, arguing that the history of international commercial arbitration has oscillated between moments of renewal and anxiety. During periods of renewal, new approaches, instruments, and institutions were developed to carry international commercial arbitration forward. These developments were then reined in during periods of anxiety, for fear that international arbitration might be overstepping its bounds. The resulting tension between renewal and anxiety is a key thread running through the evolution of international commercial arbitration. This book fills a key gap in the scholarship for anyone interested in the fields of international arbitration, legal history, and international law.

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 examines resolution of the disputes between both sides of Belt and Road economic cooperation. To address the problems surrounding legal guarantee and dispute resolution, the International Academy of the Belt and Road has gathered almost 50 experts from over 30 Belt and Road countries and regions to utilize current advances in the dispute resolution mechanism, taking into account the legal systems, legal environment and historical and cultural characteristics of Belt and Road countries and regions. The dispute resolution mechanism presented advocates giving priority to mediation when a dispute arises-arbitration is necessary only when mediation is ineffective. In addition, arbitration should be highly transparent, show respect to both contracting parties, and be equipped with an appeal system. This hands-on book offers detailed explanations of mediation rules, arbitration rules and appeal procedures. On the one hand, this mechanism embodies the integration of the cultures, traditions, legal systems, legal values and legal thoughts of Belt and Road countries and regions. On the other hand, it highlights the importance of mediation, which not only is the idea of oriental culture carrying forward traditional Chinese culture, but also follows the trend of dispute resolution. As a result, the dispute resolution mechanism established in this book is beneficial to the development of the Belt and Road Initiative.

Understanding exactly how the International Court of Justice applies the remedies of international law is vital in order to determine its prioritisation of remedies and its rationales for resolving inter-state disputes. This analysis also shows whether the framework of remedies of international law, designed by the International Law Commission through the Articles on Responsibility of States for Internationally Wrongful Acts, is strictly observed by the International Court of Justice. This is among the few systemic studies in the field of remedies, contrasting the theoretical controversies with a complete survey of the large set of requests that have been submitted before the ICJ. International lawyers, agents of states and diplomats will be able to identify the relevant case-law for each remedy in order to frame more effective requests to the Court. This study will also be of interest to researchers, practitioners, judges, policymakers, and graduate students.