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Books > Law > International law > Settlement of international disputes

Investor-State Arbitration (Hardcover, 2nd Revised edition): Borzu Sabahi, Noah Rubins, Don Wallace Jr. Investor-State Arbitration (Hardcover, 2nd Revised edition)
Borzu Sabahi, Noah Rubins, Don Wallace Jr.
R9,506 Discovery Miles 95 060 Ships in 12 - 17 working days

The increasing importance of international investment has been accompanied by the rapid development of a new field of international law that defines the obligations of host states towards foreign investors and creates procedures for resolving disputes in connection with those obligations. The second edition of Investor-State Arbitration builds on the successful first edition to include developments in law and practice, and provides the reader with an even more in-depth expert coverage of all aspects of this field of international law. The book examines the international treaties that allow investors to proceed with the arbitration of their claims, describe the most-commonly employed arbitration rules, and set forth the most important elements of Investor-State arbitration procedure - including tribunal composition, jurisdiction, evidence, award, and challenge of annulment. The evolution and rapid development of the field of international investment, including the formation of the International Center for the Settlement of Investment Disputes (ICSID), and more than 2,000 bilateral investment treaties, most of which were entered into in the last twenty years, is given dedicated coverage. Investor-State Arbitration represents an indispensable tool for practitioners working in law firms, governments, and NGOs involved in this field, as well as for academics and students who are studying international law.

The Statute of the International Court of Justice - A Commentary (Hardcover, 3rd Revised edition): Andreas Zimmermann,... The Statute of the International Court of Justice - A Commentary (Hardcover, 3rd Revised edition)
Andreas Zimmermann, Christian J. Tams, Karin Oellers-Frahm, Christian Tomuschat
R15,271 Discovery Miles 152 710 Ships in 12 - 17 working days

This landmark publication in the field of international law delivers expert assessment of new developments in the important work of the International Court of Justice (ICJ) from a team of renowned editors and commentators.The ICJ is the principal judicial organ of the United Nations and plays a central role in both the peaceful settlement of international disputes and the development of international law. This comprehensive Commentary on the Statute of the International Court of Justice, now in its third edition, analyses in detail not only the Statute of the Court itself but also the related provisions of the United Nations Charter as well as the relevant provisions of the Court's Rules of Procedure. Six years after the publication of the second edition, the third edition of the Commentary embraces current events before the International Court of Justice as well as before other courts and tribunals relevant for the interpretation and application of its Statute.The Commentary provides a comprehensive overview and analysis of all legal questions and issues the Court has had to address in the past, and looks forward to those it will have to address in the future. It illuminates the central issues of procedure and substance that the Court and counsel appearing before it face in their day-to-day work. In addition to commentary covering all of the articles of the Statute of the ICJ, plus the relevant articles of the Charter of the United Nations, the book includes two scene-setting chapters: Historical Introduction and General Principles of Procedural Law, as well as important and instructive chapters on Counter-Claims, Discontinuation and Withdrawal, and Evidentiary Issues.

Charter of the United Nations and Statute of the International Court of Justice - English-language Limited Edition - Coral... Charter of the United Nations and Statute of the International Court of Justice - English-language Limited Edition - Coral (Paperback, Colour ed - Green)
Department Of Public Information
R197 R177 Discovery Miles 1 770 Save R20 (10%) Ships in 12 - 17 working days

The Charter of the United Nations was signed in 1945 by 51 countries representing all continents, paving the way for the creation of the United Nations on 24 October 1945. The Statute of the International Court of Justice forms part of the Charter. The aim of the Charter is to save humanity from war; to reaffirm human rights and the dignity and worth of the human person; to proclaim the equal rights of men and women and of nations large and small; and to promote the prosperity of all humankind. The Charter is the foundation of international peace and security.

International Law and the Use of Force (Paperback, 4th Revised edition): Christine Gray International Law and the Use of Force (Paperback, 4th Revised edition)
Christine Gray
R1,772 Discovery Miles 17 720 Ships in 9 - 15 working days

This book explores the large and controversial subject of the use of force in international law. It examines not only the use of force by states but also the role of the UN in peacekeeping and enforcement action, and the increasing role of regional organizations in the maintenance of international peace and security. The UN Charter framework is under challenge. Russia's invasion of Georgia and intervention in Ukraine, the USA's military operations in Syria, and Saudi Arabia's campaign to restore the government of Yemen by force all raise questions about the law on intervention. The 'war on terror' that began after the 9/11 terrorist attacks on the USA has not been won. It has spread far beyond Afghanistan: it has led to targeted killings in Pakistan, Somalia, and Yemen, and to intervention against ISIS in Iraq and Syria. Is there an expanding right of self-defence against non-state actors? Is the use of force effective? The development of nuclear weapons by North Korea has reignited discussion about the legality of pre-emptive self-defence. The NATO-led operation in Libya increased hopes for the implementation of 'responsibility to protect', but it also provoked criticism for exceeding the Security Council's authorization of force because its outcome was regime change. UN peacekeeping faces new challenges, especially with regard to the protection of civilians, and UN forces have been given revolutionary mandates in several African states. But the 2015 report Uniting Our Strengths reaffirmed that UN peacekeeping is not suited to counter-terrorism or enforcement operations; the UN should turn to regional organizations such as the African Union as first responders in situations of ongoing armed conflict.

Evidence in International Investment Arbitration (Hardcover): Frederic G. Sourgens, Kabir Duggal, Ian A. Laird Evidence in International Investment Arbitration (Hardcover)
Frederic G. Sourgens, Kabir Duggal, Ian A. Laird
R6,439 Discovery Miles 64 390 Ships in 12 - 17 working days

Evidence in International Investment Arbitration is a guide for practitioners representing a party in investment arbitration disputes, whilst also offering academics a perspective on the practical elements affecting the treatment of evidence in the area. The book is the first of its kind to systematically review the jurisprudence of investor-state tribunals on evidentiary matters and inductively establish the rules recognized in those decisions. It uses a comparative approach to demonstrate the points of commonality and uniformity in the transnational foundations of the law of evidence as it affects international investment arbitration, providing theoretical and practical guidance on the treatment of evidence at all stages of such disputes. The work establishes the rules of evidence as currently recognized by investor-state arbitral jurisprudence and examines these rules of evidence against those recognized in the traditional rules of international law, as well as against those codified by the IBA Rules on the Taking of Evidence in International Arbitration. It examines the theory and function of international investment law dispute resolution against which the role of evidence must be assessed; practical management of the evidence-gathering process in investment arbitration disputes; and what to anticipate as challenges in the gathering and pleading of evidence in these disputes. Chapters cover a broad range of evidence-based topics, including: burden and standard of proof, presumptions and inferences, witness and expert evidence, exclusionary rules including privileged and confidential documents, and annulment. Written by a small team of practitioners and academics who are expert in the field of international dispute resolution, this book is an essential comprehensive reference work for anyone working or studying in the field.

Routledge Handbook of Judicial Behavior (Hardcover): Robert M. Howard, Kirk A. Randazzo Routledge Handbook of Judicial Behavior (Hardcover)
Robert M. Howard, Kirk A. Randazzo
R6,905 Discovery Miles 69 050 Ships in 12 - 17 working days

Interest in social science and empirical analyses of law, courts and specifically the politics of judges has never been higher or more salient. Consequently, there is a strong need for theoretical work on the research that focuses on courts, judges and the judicial process. The Routledge Handbook of Judicial Behavior provides the most up to date examination of scholarship across the entire spectrum of judicial politics and behavior, written by a combination of currently prominent scholars and the emergent next generation of researchers. Unlike almost all other volumes, this Handbook examines judicial behavior from both an American and Comparative perspective. Part 1 provides a broad overview of the dominant Theoretical and Methodological perspectives used to examine and understand judicial behavior, Part 2 offers an in-depth analysis of the various current scholarly areas examining the U.S. Supreme Court, Part 3 moves from the Supreme Court to examining other U.S. federal and state courts, and Part 4 presents a comprehensive overview of Comparative Judicial Politics and Transnational Courts. Each author in this volume provides perspectives on the most current methodological and substantive approaches in their respective areas, along with suggestions for future research. The chapters contained within will generate additional scholarly and public interest by focusing on topics most salient to the academic, legal and policy communities.

The International Criminal Court and Complementarity 2 Volume Set - From Theory to Practice (Hardcover): Carsten Stahn, Mohamed... The International Criminal Court and Complementarity 2 Volume Set - From Theory to Practice (Hardcover)
Carsten Stahn, Mohamed M. El Zeidy
R9,571 R8,620 Discovery Miles 86 200 Save R951 (10%) Ships in 12 - 17 working days

This systematic, contextual and practice-oriented account of complementarity explores the background and historical expectations associated with complementarity, its interpretation in prosecutorial policy and judicial practice, its context (ad hoc tribunals, universal jurisdiction, R2P) and its impact in specific situations (Colombia, Congo, Uganda, Central African Republic, Sudan and Kenya). Written by leading experts from inside and outside the Court and scholars from multiple disciplines, the essays combine theoretical inquiry with policy recommendations and the first-hand experience of practitioners. It is geared towards academics, lawyers and policy-makers who deal with the impact and application of international criminal justice and its interplay with peace and security, transitional justice and international relations.

ICSID Reports (Hardcover): James Crawford, Karen Lee ICSID Reports (Hardcover)
James Crawford, Karen Lee; Edited by (consulting) Elihu Lauterpacht
R10,016 Discovery Miles 100 160 Ships in 12 - 17 working days

The ICSID Reports provide the only comprehensive published collection of arbitral awards and decisions given under the auspices of the World Bank's International Centre for the Settlement of Investment Disputes or pursuant to other multilateral or bilateral investment treaties, including in particular the North American Free Trade Agreement (NAFTA) and the Energy Charter Treaty (ECT). These decisions, which are fully indexed, make an important contribution to the growing body of jurisprudence on international investment. The ICSID Reports are an invaluable tool for practitioners and scholars working in the field of international commercial arbitration or advising foreign investors. Volume 12 of the ICSID Reports includes the final award in Occidental v. Ecuador together with the English court decisions in that case on non-justiciability, the decision on jurisdiction in Impreglio v. Pakistan and the awards in EnCana v. Ecuador.

Peacebuilding After Peace Accords - The Challenges of Violence, Truth and Youth (Paperback): Tristan Anne Borer, John Darby,... Peacebuilding After Peace Accords - The Challenges of Violence, Truth and Youth (Paperback)
Tristan Anne Borer, John Darby, Siobhan McEvoy-Levy
R611 Discovery Miles 6 110 Ships in 12 - 17 working days

During the 1990s, optimism abounded because international violence was in decline. The number of armed conflicts decreased worldwide from more than fifty in the early 1990s to fewer than thirty a decade later. This drop resulted largely from negotiations leading to peace accords. However, in a disturbingly large number of places, war was actually succeeded not by peace but by a stalemate. Peace accords were plagued by problems, including economic hardship, burgeoning crime, postwar trauma, and persistent fear and suspicion. Too often, negotiated settlements merely opened another difficult chapter in the peace process, or worse, led to new phases of conflict. This disappointing record is the subject of a multiyear project conducted by the University of Notre Dame's Research Initiative on the Resolution of Ethnic Conflict (RIREC). Located at the Joan B. Kroc Institute for International Peace Studies, RIREC explored three significant challenges of the postwar landscape: the effects of violence in internal conflicts after peace agreements have been signed; the contributions of truth-telling mechanisms; and the multidimensional roles played by youth as activists, soldiers, criminals, and community-builders. The project led to the 2006 publication of three edited volumes by the University of Notre Dame Press: John Darby's Violence and Reconstruction; Tristan Anne Borer's Telling the Truths: Truth Telling and Peace Building in Post-Conflict Societies; and Siobhan McEvoy-Levy's Troublemakers or Peacemakers? Youth and Post-Accord Peace Building. In Peacebuilding After Peace Accords, the three editors revisit the topics presented in their books. They examine the dilemmas each of the three challenges presents for postwar reconstruction and the difficulties in building a sustainable peace in societies recently destabilized by deadly violence. The authors argue that researchers and practitioners should pay greater attention to these challenges, especially how they relate to each other and to different post-accord problems. A foreword by Archbishop Emeritus Desmond Tutu sets the context for this volume, and an afterword by Eileen Babbitt reflects on its findings.

Oppenheim's International Law: United Nations (Multiple copy pack): Rosalyn Higgins, Philippa Webb, Dapo Akande, Sandesh... Oppenheim's International Law: United Nations (Multiple copy pack)
Rosalyn Higgins, Philippa Webb, Dapo Akande, Sandesh Sivakumaran, James Sloan
R18,678 Discovery Miles 186 780 Ships in 12 - 17 working days

The United Nations, whose specialized agencies were the subject of an Appendix to the 1958 edition of Oppenheim's International Law: Peace, has expanded beyond all recognition since its founding in 1945.This volume represents a study that is entirely new, but prepared in the way that has become so familiar over succeeding editions of Oppenheim. An authoritative and comprehensive study of the United Nations' legal practice, this volume covers the formal structures of the UN as it has expanded over the years, and all that this complex organization does. All substantive issues are addressed in separate sections, including among others, the responsibilities of the UN, financing, immunities, human rights, preventing armed conflicts and peacekeeping, and judicial matters. In examining the evolving structures and ever expanding work of the United Nations, this volume follows the long-held tradition of Oppenheim by presenting facts uncoloured by personal opinion, in a succinct text that also offers in the footnotes a wealth of information and ideas to be explored. It is book that, while making all necessary reference to the Charter, the Statute of the International Court of Justice, and other legal instruments, tells of the realities of the legal issues as they arise in the day to day practice of the United Nations. Missions to the UN, Ministries of Foreign Affairs, practitioners of international law, academics, and students will all find this book to be vital in their understanding of the workings of the legal practice of the UN. Research for this publication was made possible by The Balzan Prize, which was awarded to Rosalyn Higgins in 2007 by the International Balzan Foundation.

The Concept of an International Organization in International Law (Hardcover): Lorenzo Gasbarri The Concept of an International Organization in International Law (Hardcover)
Lorenzo Gasbarri
R3,154 Discovery Miles 31 540 Ships in 12 - 17 working days

Despite their exponential growth in number and activities, there is not an established legal concept of an international organization. This book tackles the topic by examining the nature of the legal systems developed by international organizations. It is the first comprehensive study of the concepts by which international organizations' legal systems are commonly understood: functionalism, constitutionalism, exceptionalism, and informalism. Its purpose is threefold: to trace the historical origins of the different concepts of an international organization, to describe four groups under which these different notions can be aligned, and to propose a theory which defines international organizations as 'dual entities'. The concept of an international organization is defined by looking at the nature of the legal systems they develop. The notion of 'dual legal nature' describes how organizations create particular legal systems that derive from international law. This situation affects the law they produce, which is international and internal at the same time. The effects of the dual legal nature are considered by analysing international responsibility, the law of treaties, and the validity of organizations' acts.

Treaty Shopping in International Investment Law (Hardcover): Jorun Baumgartner Treaty Shopping in International Investment Law (Hardcover)
Jorun Baumgartner
R4,351 Discovery Miles 43 510 Ships in 12 - 17 working days

Treaty shopping, also known under the terms of nationality planning, corporate (re-)structuring or corporate maneuvering, implies a strategic change of nationality or strategic invocation of another nationality with the aim of accessing another (usually more favourable) investment treaty for purposes of investment arbitration. When deciding on whether an investment claim based on treaty shopping should be upheld or dismissed, investment arbitral tribunals have been increasingly faced with significant questions, such as: What is treaty shopping and how may legitimate nationality planning be distinguished from treaty abuse in international investment law? Should a claimant that is controlled by a host-State national be considered a protected investor, or should tribunals pierce its corporate veil? Does an investor have to make the investment in good faith, and does it have to make a contribution of its own to the investment it is claiming protection for? When does a corporate restructuring constitute an abuse of process, and which is the role of the notion of dispute in this respect? How efficient are denial of benefits clauses to counter treaty shopping? Treaty Shopping in International Investment Law examines in a systematic manner the practice of treaty shopping in international investment law and arbitral decisions that have undertaken to draw this line. While some legal approaches taken by arbitral tribunals have started to consolidate, others remain unsettled, painting a picture of an overall inconsistent jurisprudence. This is hardly surprising, given the thousands of international investment agreements that provide for the investors right to sue the host State on grounds of alleged breaches of investment obligations. This book analyses and discusses the different ways by which arbitral tribunals have dealt with the value judgment at the core of the distinction between objectionable and unobjectionable treaty shopping, and makes proposals de lege ferenda on how States could reform their international investment agreements (in particular with respect to treaty drafting) in order to make them less susceptible to the practice of treaty shopping.

Judgment Day - Judicial Decision Making at the International Criminal Tribunals (Hardcover): Rosa Aloisi, James Meernik Judgment Day - Judicial Decision Making at the International Criminal Tribunals (Hardcover)
Rosa Aloisi, James Meernik
R2,800 R2,469 Discovery Miles 24 690 Save R331 (12%) Ships in 12 - 17 working days

This book demonstrates how, after many years of inactivity after the World War II tribunals, judges at the Yugoslav, Rwanda and Sierra Leone tribunals, and to a lesser extent the International Criminal Court, have seized the opportunity to develop international law on war crimes, crimes against humanity and genocide. Meernik and Aloisi argue that judges are motivated by a concern for human rights protection and the legacy of international criminal justice. They have progressively expanded the reach of international law to protect human rights and have used the power of their own words to condemn human rights atrocities. Judges have sentenced the guilty to lengthy and predictable terms in prison to provide justice, deterrence of future violations and even to advance peace and reconciliation. On judgment day, we show that judges have sought to enhance the power of international justice.

International Commercial Litigation - Text, Cases and Materials on Private International Law (Paperback, 2nd Revised edition):... International Commercial Litigation - Text, Cases and Materials on Private International Law (Paperback, 2nd Revised edition)
Trevor C. Hartley
R1,706 R422 Discovery Miles 4 220 Save R1,284 (75%) Ships in 9 - 15 working days

Taking a fresh and modern approach to the subject, this fully revised and restructured textbook provides everything necessary to gain a good understanding of international commercial litigation. Adopting a comparative stance, it provides extensive coverage of US and Commonwealth law, in addition to the core areas of English and EU law. Extracts from key cases and legislative acts are designed to meet the practical requirements of litigators as well as explaining the ideas behind legal provisions. Significant updates include new material on the recast of the Brussels I Regulation, the impact of EU law on choice-of-court agreements and arbitration agreements, and controversial decisions on antisuit injunctions. A companion website features important updates to the law.

Providing Peacekeepers - The Politics, Challenges, and Future of United Nations Peacekeeping Contributions (Hardcover): Alex J.... Providing Peacekeepers - The Politics, Challenges, and Future of United Nations Peacekeeping Contributions (Hardcover)
Alex J. Bellamy, Paul D Williams
R4,283 Discovery Miles 42 830 Ships in 12 - 17 working days

During the first decade of the twenty-first century, the rising demand for peacekeepers saw the United Nations (UN) operate at a historically unprecedented tempo, with increases in the number and size of missions as well as in the scope and complexity of their mandates. The need to deploy over 120,000 UN peacekeepers and the demands placed upon them in the field have threatened to outstrip the willingness and to some extent capacity of the UN's Member States. This situation raised the questions of why states contribute forces to UN missions and, conversely, what factors inhibit them from doing more? Providing Peacekeepers answers these questions. After summarizing the challenges confronting the UN in its force generation efforts, the book develops a new framework for analyzing UN peacekeeping contributions in light of the evidence presented in sixteen case study chapters which examine the experiences of the United States, the United Kingdom, France, the People's Republic of China, the Russian Federation, Bangladesh, Pakistan, India, Nigeria, Ghana, Nepal, Uruguay, Brazil, Turkey, South Africa, and Japan. The book concludes by offering recommendations for how the UN might develop new strategies for force generation so as to meet the foreseeable challenges of twenty-first century peacekeeping and improve the quantity and quality of its uniformed peacekeepers.

The South China Sea Arbitration - Understanding the Awards and Debating with China (Paperback): Alfredo C. Robles The South China Sea Arbitration - Understanding the Awards and Debating with China (Paperback)
Alfredo C. Robles
R1,815 Discovery Miles 18 150 Ships in 12 - 17 working days

The South China Sea Arbitration, which marks the first time that the Philippines and China have been parties to a compulsory dispute settlement procedure, is a landmark legal case. The Tribunal tackled head-on critical issues in the interpretation and application of the UN Convention on the Law of the Sea that other international courts have failed to address, particularly the compatibility of historic rights with the Convention, the identification of maritime features as permanently submerged or above water at high-tide, and the distinction between features that are fully entitled to maritime zones and those that are not. In addition, the Tribunal also had to decide on issues as diverse as near-collisions at sea, illegal fishing of giant clams and sea turtles, and the destruction of fragile coral reefs resulting from island-building. The Tribunals task was rendered arduous by Chinas refusal to appear before it. In these circumstances, understanding the Tribunals decisions is a challenging undertaking. Chinas public relations campaign targeting the proceedings raised issues that the layperson could readily grasp, notably African states support for its non-appearance, the integrity of the judges, and the validity of arbitral awards. Understanding the Awards and Debating with China aims to facilitate understanding of the South China Sea Arbitration by presenting detailed summaries of the two Arbitral Awards. The author rebuts the questionable claims raised by Chinas public relations campaign and highlights Chinas covert actions during the proceedings.

International Law Reports (Hardcover, New): Elihu Lauterpacht, C. J. Greenwood International Law Reports (Hardcover, New)
Elihu Lauterpacht, C. J. Greenwood; Edited by (associates) A. G. Oppenheimer; Assisted by Karen Lee
R4,864 Discovery Miles 48 640 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. Volume 133 reports on, amongst others, the 2007 decision of the European Court of Human Rights in Behrami and Saramati, the judgment of the Court of Appeal of Singapore in CAA v. Singapore Airlines and the related Canadian decision, and the English decisions of the High Court, Court of Appeal and House of Lords in Al-Skeini.

International Law Reports (Hardcover, New): Elihu Lauterpacht, C. J. Greenwood International Law Reports (Hardcover, New)
Elihu Lauterpacht, C. J. Greenwood; Edited by (associates) A. G. Oppenheimer; Assisted by Karen Lee
R4,864 Discovery Miles 48 640 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. Volume 132 reports on, amongst others, the 2007 Partial Award in Eurotunnel arbitration, the Bermudan Court of Appeal case on treaties (Braswell) and the UK House of Lords judgments in joined appeals in Jones (Margaret) and Ayliffe together with the lower court decisions.

International Law Reports (Hardcover): E. Lauterpacht, C. J. Greenwood International Law Reports (Hardcover)
E. Lauterpacht, C. J. Greenwood
R4,918 R4,509 Discovery Miles 45 090 Save R409 (8%) 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. Among the consular relations cases reported are the ICJ decisions on the request for provisional measures in the 1998 Case Concerning the Vienna Convention on Consular Relations (Paraguay v. United States) the 1999 LaGrand Case (Germany v. United States), and the corresponding decisions of the United States Supreme Court. Human rights cases include the 1999 decision of the European Court of Human Rights in Waite and Kennedy v. Germany, concerning whether the defendant's immunity from jurisdiction was considered compatible with right of access to court under Article 6(1) of the European Convention on Human Rights. Also included are fifteen important decisions of the United Nations Human Rights Committee and national courts during the 1990s.

Rules of Evidence in International Arbitration - An Annotated Guide (Hardcover, 2nd edition): Nathan O'Malley Rules of Evidence in International Arbitration - An Annotated Guide (Hardcover, 2nd edition)
Nathan O'Malley
R10,878 Discovery Miles 108 780 Ships in 12 - 17 working days

Now in a fully updated second edition, Rules of Evidence in International Arbitration: An Annotated Guide remains an invaluable reference for lawyers, arbitrators and in-house counsel involved in cross-border dispute resolution. Drawing on current case law, this book looks at the common issues brought up by the evidentiary procedure in international arbitration. Features of this book include: An international scope, which will inform readers from around the world A focus on evidentiary procedure, with extensive case-based commentary and examples Extensive annotations, which allow the reader to locate key precedents for use in practice This book gives essential insight into best practice for practitioners of international arbitration. Readers of this publication will gain a fuller understanding of accepted solutions to difficult procedural issues, as well as the fundamental due process considerations of the use of evidence in international arbitration.

The Global Community Yearbook of International Law and Jurisprudence 2018 (Hardcover): Giuliana Ziccardi Capaldo The Global Community Yearbook of International Law and Jurisprudence 2018 (Hardcover)
Giuliana Ziccardi Capaldo
R13,176 Discovery Miles 131 760 Ships in 10 - 15 working days

The Global Community Yearbook is a one-stop resource for all researchers studying international law generally or international tribunals specifically. The Yearbook has established itself as an authoritative source of reference on global legal issues and international jurisprudence. It includes analysis of the most significant global trends in a way that allows readers to monitor the development of the global legal order from several perspectives. The Global Community Yearbook publishes annually in a volume of carefully chosen primary source material and corresponding expert commentary. The general editor, Professor Giuliana Ziccardi Capaldo, employs her vast expertise in international law to select excerpts from important court opinions and to choose experts from around the world to contribute essay-guides, which illuminate those cases. Although the main focus is recent case law from the major international tribunals and regional courts, the first four parts of each year's edition features expert articles by renowned scholars who address broader themes in current and future developments in international law and global policy, themes that appear throughout the case law of the many courts covered by the series as a whole. The Global Community Yearbook has thus become not just an indispensable window to recent jurisprudence: the series now also serves to prepare researchers for the issues facing emerging global law. The 2018 edition both updates readers on the important work of long-standing international tribunals and introduces readers to more novel topics in international law. The Yearbook continues to provide expert coverage of the Court of Justice of the European Union and diverse tribunals from the International Court of Justice (ICJ) to criminal tribunals such as the International Criminal Court (ICC) and the Tribunals for the Former Yugoslavia and Rwanda, to economically based tribunals such as ICSID and the WTO Dispute Resolution panel. This edition contains original research articles on the development and analysis of the concept of global law and the views of the global law theorists such as: whether the Paris Declaration of 2017 and the Oslo Recommendation of 2018 deals with enhancing their institutions' legitimacy; how to reconcile human rights, trade law, intellectual property, investment and health law with the WTO dispute settlement panel upholding Australia's tobacco plain packaging measure; Israel's acceptance of Palestinian statehood contingent upon prior Palestinian "demilitarization" is potentially contrary to pertinent international law; and a proposal to strengthen cooperation between the ECJ and National Courts in light of the failure of the dialogue between the ECJ and the Italian Constitutional Court on the interpretation of Article 325 of the Treaty on the Functioning of the European union. The Yearbook provides students, scholars, and practitioners alike a valuable combination of expert discussion and direct quotes from the court opinions to which that discussion relates, as well as an annual overview of the process of cross-fertilization between international courts and tribunals. The Yearbook provides students, scholars, and practitioners alike a valuable combination of expert discussion and direct quotes from the court opinions to which that discussion relates, as well as an annual overview of the process of cross-fertilization between international courts and tribunals and a section focusing on the thought of leading international law scholars on the subject of the globalization. This publication can also be purchased on a standing order basis.

ICSID Reports: Volume 16 (Hardcover, New): James Crawford, Joanna Gomula ICSID Reports: Volume 16 (Hardcover, New)
James Crawford, Joanna Gomula
R10,034 Discovery Miles 100 340 Ships in 12 - 17 working days

The ICSID Reports provide the only comprehensive published collection of arbitral awards and decisions given under the auspices of the World Bank's International Centre for the Settlement of Investment Disputes or pursuant to other multilateral or bilateral investment treaties, including in particular the North American Free Trade Agreement (NAFTA) and the Energy Charter Treaty (ECT). These decisions, which are fully indexed, make an important contribution to the growing body of jurisprudence on international investment. The ICSID Reports are an invaluable tool for practitioners and scholars working in the field of international commercial arbitration or advising foreign investors. Volume 16 of the ICSID Reports includes the final award on jurisdiction and merits in Methanex v. United States and the awards in F-W Oil Interests v. Trinidad and Tobago, Noble Ventures v. Romania and Berschader v. Russia.

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
R6,726 Discovery Miles 67 260 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
R1,384 Discovery Miles 13 840 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.

Courting Gender Justice - Russia, Turkey, and the European Court of Human Rights (Hardcover): Lisa McIntosh Sundstrom, Valerie... Courting Gender Justice - Russia, Turkey, and the European Court of Human Rights (Hardcover)
Lisa McIntosh Sundstrom, Valerie Sperling, Melike Sayoglu
R3,880 Discovery Miles 38 800 Ships in 10 - 15 working days

Women and the LGBT community in Russia and Turkey face pervasive discrimination. Only a small percentage dare to challenge their mistreatment in court. Facing domestic police and judges who often refuse to recognize discrimination, a small minority of activists have exhausted their domestic appeals and then turned to their last hope: the European Court of Human Rights (ECtHR). The ECtHR, located in Strasbourg, France, is widely regarded as the most effective international human rights court in existence. Russian citizens whose rights have been violated at home have brought tens of thousands of cases to the ECtHR over the past two decades. But only one of these cases resulted in a finding of gender discrimination by the ECtHR-and that case was brought by a man. By comparison, the Court has found gender discrimination more frequently in decisions on Turkish cases. Courting Gender Justice explores the obstacles that confront citizens, activists, and lawyers who try to bring gender discrimination cases to court. To shed light on the factors that make rare victories possible in discrimination cases, the book draws comparisons among forms of discrimination faced by women and LGBT people in Russia and Turkey. Based on interviews with human rights and feminist activists and lawyers in Russia and Turkey, this engaging book grounds the law in the personal experiences of individual people fighting to defend their rights.

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