Integration And International Dispute Resolution In Small States

Author : Petra Butler,Eva Lein,Rhonson Salim
Publisher : Springer
Page : 337 pages
File Size : 44,7 Mb
Release : 2018-06-11
Category : Law
ISBN : 9783319745732

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Integration and International Dispute Resolution in Small States by Petra Butler,Eva Lein,Rhonson Salim Pdf

This book provides an insight into commercial relations between large economies and Small States, the benefits of regional integration, the role of Small States as financial centres as well as B2B and State to State dispute resolution involving Small States. Several contributions allow the reader to familiarise themselves with the general subject matter; others scrutinise the particular issues Small States face when confronted with an international dispute and discuss new and innovative solutions. These solutions range from inventive ideas to help economic growth to appropriate mechanisms of dispute resolution including inter-State dispute resolution and specific areas of arbitration such as tax arbitration. Researchers, policy advisors and practitioners will find a wealth of insights, information and practical ideas in this book.

Author : Lars Kirchhoff
Publisher : Kluwer Law International B.V.
Page : 382 pages
File Size : 45,5 Mb
Release : 2008-01-01
Category : Law
ISBN : 9789041126856

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Constructive Interventions by Lars Kirchhoff Pdf

In the contemporary discipline of conflict resolution, adjudication and alternative dispute resolution (ADR) are often seen as antagonistic trends. This important book contends that, on the contrary, it is the bringing together of these trends that holds the most promise for an effective system of international justice. With great insight and passion, built firmly on a vast knowledge of the field, Lars Kirchhoff exposes the contemporary structural barriers to effective conflict resolution, defining where adjudication ends and ADR--and particularly the recent development of mediated third party intervention from an 'art' to a veritable 'science'--must come into play. The work starts by defining the challenges, potentials and shortcomings of different approaches to conflict resolution in an interdependent world--where the multiplicity of actors, topics and interests involved even in seemingly bilateral conflict situations is clearly manifest--and goes on to define useful models and connect the various elements relevant for the resolution of conflicts in a transparent way. In the course of its investigation the book accomplishes the following: * illustrates the various departure points and perspectives scholars of conflict resolution have taken as the basis for their work; discusses who should become involved in conflicts as a third party and by which techniques this should occur; systematically conveys the nature and consequences of intervention through mediation, focusing on the method's critical challenges; and clarifies the particular model of international mediation under development through UN initiatives. In approaching these intertwined topics, the author draws concrete conclusions for the realms of international law and related disciplines as well as for the organizational context of the United Nations. He explores such diverse scenarios as conflicts between States, conflicts involving international organizations, and--in accordance with the changing parameters of international law--even conflicts involving individuals, clarifying which constellations can be tackled by international mediation and which conflicts should be dealt with by other forms of diplomacy or adjudication. It is the conviction of many intermediaries and scholars that the considerable potential inherent in resolving conflicts peacefully is rarely put into practice. Although some of the reasons for this phenomenon are beyond the influence of scholarly debate, in many instances the reasons for failure of peaceful resolution processes are more structural or systemic in nature. It is the great virtue of this book that it establishes enough clarity in an unclear and complex field to make concrete and workable recommendations in these instances, and for that reason it will be of immeasurable value and benefit to all scholars, policymakers, and activists dedicated to the pursuit of peace.

Author : Maria F. Moscati,Michael Palmer,Marian Roberts
Publisher : Edward Elgar Publishing
Page : 608 pages
File Size : 49,5 Mb
Release : 2020-12-25
Category : Law
ISBN : 9781786433039

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Comparative Dispute Resolution by Maria F. Moscati,Michael Palmer,Marian Roberts Pdf

Comparative Dispute Resolution offers an original, wide-ranging, and invaluable corpus of chapters on dispute resolution. Enriched by a broad, comparative vision and a focus on the processes used to handle disputes, this study adds significantly to the discourse around comparative legal studies. Chapters present new understandings of theoretical, comparative and transnational dimensions of the manner in which societies and their legal systems respond to difficulties in social relations.

Author : J. G. Merrills
Publisher : Cambridge University Press
Page : 387 pages
File Size : 42,8 Mb
Release : 2011-03-17
Category : Law
ISBN : 9781139500128

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International Dispute Settlement by J. G. Merrills Pdf

A guide to the techniques and institutions used to solve international disputes, how they work and when they are used. This textbook looks at diplomatic (negotiation, mediation, inquiry and conciliation) and legal methods (arbitration, judicial settlement). It uses many, often topical, examples of each method in practice to place the theory of how things should work in the context of real-life situations and to help the reader understand the strengths and weaknesses of different methods when they are used. It also looks at organisations such as the International Court and the United Nations and has been fully updated to include the most recent arbitrations, developments in the WTO and the International Tribunal for the Law of the Sea, as well as case law from the International Court of Justice.

Author : Zeray Yihdego,Melaku Geboye Desta,Martha Belete Hailu
Publisher : Springer Nature
Page : 301 pages
File Size : 47,6 Mb
Release : 2020-12-29
Category : Law
ISBN : 9783030559120

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Ethiopian Yearbook of International Law 2019 by Zeray Yihdego,Melaku Geboye Desta,Martha Belete Hailu Pdf

EtYIL 2019 comes out while the world is in the midst of a new coronavirus pandemic that has infected millions and killed thousands of people without distinction as to age, race, colour, or creed. As an attack on all humanity, Covid-19, the disease caused by the coronavirus, has challenged the fitness of the global order as never before, and its institutional and normative frameworks have been found wanting. As is often the case in such circumstances, when the WHO is denied resources to assist those countries or the WTO is unable to guarantee access to Covid-19 medical supplies and protective equipment, it is the poorest nations that suffer the most. EtYIL’s mission is to provide a platform for purpose-oriented scholarly analysis and debate on issues of particular significance for African countries such as Covid-19, disputes over Nile water resources, and Ethiopia-Eritrea relations. Although the pandemic came too late for this issue of EtYIL, we have managed to include two important articles that examine the subject from geostrategic and legal perspectives. EtYIL 2019 also addresses a number of other topical issues, including the responsibility of the UN Security Council (UNSC) in climate-related risks to least developed countries, the Global South’s approach to environmental protection, the challenges of international regulation of arms brokering, and the contributions of Martin Luther King, Jr. to Pan-Africanism and international human rights law. Finally, the Yearbook also continues its coverage of regional issues such as the evolving Ethiopia-Eritrea relations, Djibouti’s accession to the ICSID Convention; the trilateral negotiations between Ethiopia, Sudan and Egypt over the Grand Ethiopian Renaissance Dam and the U.S. meddling and the role of the UNSC on the issue have also been covered. As before, our contributors come from all over the world, to all of whom we extend our sincere appreciations.

Author : Marc Bungenberg,Markus Krajewski,Christian J. Tams,Jörg Philipp Terhechte,Andreas R. Ziegler
Publisher : Springer
Page : 524 pages
File Size : 50,7 Mb
Release : 2019-02-25
Category : Law
ISBN : 9783319977522

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European Yearbook of International Economic Law 2018 by Marc Bungenberg,Markus Krajewski,Christian J. Tams,Jörg Philipp Terhechte,Andreas R. Ziegler Pdf

Volume 9 of the EYIEL focusses on natural resources law understood as a special area of international economic law. In light of increasing conflicts over access to and the use of natural resources and of their impact on political, social and environmental aspects, the contributions of this volume analyse to which extent international economic law can contribute to the sustainable exploitation, management and distribution of natural resources. The volume collects contributions on general principles of natural resources law, the importance of natural resources for trade, investment and European economic law as well as analyses of particular sectors and areas including fracking, timber, space and deep seabed mining and natural resources in the arctic region. In its section on regional developments, EYIEL 9 addresses two regional integration systems which are usually not at the centre of public interest, but which deserve all the more attention due to their special relations with Europe: The Eurasian Economic Union and the Caribbean Community (CARICOM). Further EYIEL sections address recent WTO and investment case law as well as developments at the IMF. The volume also contains review essays of important recent books in international economic law and other aspects of international law which are connected to international economic relations. The chapter "Sovereignty, Ownership and Consent in Natural Resource Contracts: From Concepts to Practice" by Lorenzo Cotula is open access under a CC BY 4.0 license via link.springer.com.

Author : Rishi Gulati,Thomas John,Ben Köhler
Publisher : Edward Elgar Publishing
Page : 605 pages
File Size : 41,9 Mb
Release : 2023-11-03
Category : Law
ISBN : 9781803924540

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The Elgar Companion to UNCITRAL by Rishi Gulati,Thomas John,Ben Köhler Pdf

As one of the most important international organisations in the sphere of international trade law, UNCITRAL aims to help develop and promote uniform private law internationally. This comprehensive Companion delineates the range of issues considered at UNCITRAL, as well as assessing the potential for future work and reforms.

Author : J. Braveboy-Wagner
Publisher : Springer
Page : 278 pages
File Size : 44,8 Mb
Release : 2007-12-25
Category : Social Science
ISBN : 9780230610330

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Small States in Global Affairs by J. Braveboy-Wagner Pdf

This book updates the 1989 volume 'Caribbean in World Affairs' providing a comprehensive and theoretically-grounded account of diplomatic developments in the Caribbean. The new material includes attention to the changed global setting, updated theoretical developments in foreign policy, and the inclusion of Haiti and Suriname.

Author : United Nations. Codification Division
Publisher : New York : United Nations
Page : 268 pages
File Size : 43,6 Mb
Release : 1992
Category : Law
ISBN : UOM:39015029249789

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Handbook on the Peaceful Settlement of Disputes Between States by United Nations. Codification Division Pdf

Author : Shahla Ali,Bruno Jetin,Luke Nottage,Nobumichi Teramura
Publisher : Kluwer Law International B.V.
Page : 313 pages
File Size : 40,9 Mb
Release : 2020-12-10
Category : Law
ISBN : 9789403528632

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New Frontiers in Asia-Pacific International Arbitration and Dispute Resolution by Shahla Ali,Bruno Jetin,Luke Nottage,Nobumichi Teramura Pdf

International Arbitration Law Library Volume 59 The eastward shift in international dispute resolution has already involved initiatives not only to improve support for international commercial arbitration (ICA) and investor-state dispute settlement (ISDS) but also to develop alternatives such as international commercial courts and mediation. Focusing on these initiatives and their accompanying case law and trends in the Asia-Pacific region, this invaluable book challenges existing procedures and frameworks for cross-border dispute resolution in both commercial and treaty arbitration. Specially assembled for this project, an outstanding team of experienced and insightful arbitrators and scholars describes pertinent developments including: ICA and ISDS in the context of China’s Belt and Road Initiative; the Singapore Convention on Mediation; the shift to virtual hearings and other challenges from the COVID-19 pandemic; mistrust of the application of the rule of law in certain East Asian jurisdictions; growing public concern over ISDS arbitration; tensions between confidentiality and transparency; and potential regional harmonisation of the public policy exception to arbitral enforcement. The contributors chart evolving practices and high-profile cases to make informed observations about where changes are needed, as well as educated guesses about the chances of reforms being successful and the consequences if they are not. The main jurisdictions covered are China, Hong Kong, Japan, Malaysia, India, Australia and Singapore. The first in-depth study of recent trends in dispute resolution practice related to business in the Asia-Pacific region, the book’s practical analysis of new resources for dealing with the increasing competition among countries to become credible regional dispute resolution hubs will prove to be of great value to specialists in the international business law sector. Lawyers will be enabled to make informed decisions on which venue and dispute resolution methods are the most suitable for any specific dispute in the region, and policymakers will confidently assess emerging trends in international dispute resolution policy development and treaty-making.

Author : Julien Chaisse,Luke Nottage
Publisher : BRILL
Page : 725 pages
File Size : 53,9 Mb
Release : 2018-02-05
Category : Law
ISBN : 9789004360105

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International Investment Treaties and Arbitration Across Asia by Julien Chaisse,Luke Nottage Pdf

International Investment Treaties and Arbitration Across Asia examines whether and how the Asian region has or may become a significant ‘rule maker’ in contemporary international investment law and dispute resolution, focusing on the ‘ASEAN+6’ economies.

Author : Edgardo Favaro
Publisher : World Bank Publications
Page : 310 pages
File Size : 46,8 Mb
Release : 2008
Category : Law
ISBN : 9780821374610

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Small States, Smart Solutions by Edgardo Favaro Pdf

Small states face special hurdles in achieving development gains. These states spend significantly more of their GDP on producing public goods and services, and they face higher connectivity costs than do their larger brethren. Small States, Smart Solutions examines how some small states use international trade and telecommunications technology to outsource services such as justice, banking supervision, public utilities regulation, high-quality medicine, and education. Sourcing these services internationally poses unique challenges but also opens broad opportunities. The eight case studies in this book, based on interviews with government officers and citizens, describe pioneering initiatives undertaken by some small states to better the quality of life of their citizens.

Author : Carlos Closa,Lorenzo Casini,Omri Sender
Publisher : Cambridge University Press
Page : 527 pages
File Size : 51,7 Mb
Release : 2016-09-08
Category : Law
ISBN : 9781107578586

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Comparative Regional Integration by Carlos Closa,Lorenzo Casini,Omri Sender Pdf

Groundbreaking comparative analysis of governance systems and institutional choices in different regional and international organizations.

Author : Joseph A. McKinney,H. Stephen Gardner
Publisher : Routledge
Page : 282 pages
File Size : 46,9 Mb
Release : 2008-01-31
Category : Business & Economics
ISBN : 9781135977153

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Economic Integration in the Americas by Joseph A. McKinney,H. Stephen Gardner Pdf

This new book brings together contributions from recognized experts in trade policy, discussing and evaluating economic integration in the Western Hemisphere, the alternative trade strategies being pursued in this area and Latin American relationships with United States and Canada. These essays provide progress reports concerning the different regional and sub-regional groupings that have developed within the hemisphere and discuss the inter-relationships of Western Hemispheric trading arrangement with the multilateral trading systems. The difficulties encountered in hemispheric trade negotiations and the implications for the countries involved are also considered. This book will be of great interest to students and researchers engaged with international trade and economic policy, as well as policy specialists in business organizations and government.

Author : UNCITRAL
Publisher : United Nations
Page : 1400 pages
File Size : 51,6 Mb
Release : 2020-11-23
Category : Political Science
ISBN : 9789210049542

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United Nations Commission on International Trade Law (UNCITRAL) Yearbook 2016 by UNCITRAL Pdf

This Yearbook is a compilation of all substantive documents related to the work of the Commission and its Working Groups. It also reproduces the annual Report of the Commission which is published as Supplement No. 17 of the "Official Records of the General Assembly". UNCITRAL is the core legal body of the United Nations system in the field of international trade law. It specializes in the modernization and harmonization of rules on international business.