Order And Dispute

Author : Simon Roberts
Publisher : Quid Pro Books
Page : 184 pages
File Size : 52,7 Mb
Release : 2013-04-10
Category : Social Science
ISBN : 9781610271851

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Order and Dispute by Simon Roberts Pdf

A classic resource in the modern study of the anthropology of law, this book is now widely available again in an updated and expanded edition. There are many societies that survive in a remarkably orderly fashion without the help of judges, law courts and policemen. They are small in scale and have relatively simple technologies, lacking those centralized agencies which we associate with legal systems; yet early anthropologists did not hesitate to name “law,” along with kinship, politics and religion, as one of the facets of their subject. Simon Roberts contends, however, that legal theory has become too closely identified with our own arrangements in western societies to be of much help in cross-cultural studies of order. But conversely, by looking at the ways in which other societies keep order and solve disputes, he sheds valuable light on the contemporary debates about order in our own society, in a straightforward text which will be accessible to the general reader and anthropologist alike. Now in its Second Edition with a new Foreword and Afterword by the author, this renowned introduction to the anthropology of law is part of the Classics of Law & Society Series from Quid Pro Books.

Author : Simon Roberts
Publisher : Unknown
Page : 202 pages
File Size : 44,9 Mb
Release : 2015-02-09
Category : History
ISBN : 1610278453

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Order and Dispute by Simon Roberts Pdf

A classic resource in the modern study of the anthropology of law, this acclaimed book is now widely available again in an updated and expanded Second Edition, and in this library-quality hardcover presentation. There are many societies that survive in a remarkably orderly fashion without the help of judges, law courts and policemen. They are small in scale and have relatively simple technologies, lacking those centralized agencies which we associate with legal systems; yet early anthropologists did not hesitate to name "law," along with kinship, politics and religion, as one of the facets of their subject. Simon Roberts contends, however, that legal theory has become too closely identified with our own arrangements in western societies to be of much help in cross-cultural studies of order. But conversely, by looking at the ways in which other societies keep order and solve disputes, he sheds valuable light on the contemporary debates about order in our own society, in a straightforward text which will be accessible to the general reader and anthropologist alike. Now in its Second Edition with a new Foreword and Afterword by the author, this renowned introduction to the anthropology of law is part of the Classics of Law & Society Series from Quid Pro Books. Its modern presentation uses larger font, margins, and dimensions than the original paperback edition, yet adds no more pages.

Author : Robert C. ELLICKSON,Robert C Ellickson
Publisher : Harvard University Press
Page : 317 pages
File Size : 51,5 Mb
Release : 2009-06-30
Category : Law
ISBN : 9780674036437

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Order without Law by Robert C. ELLICKSON,Robert C Ellickson Pdf

Integrating the current research in law, economics, sociology, game theory and anthropology, this text demonstrates that people largely govern themselves by means of informal rules - social norms - without the need for a state or other central co-ordinator to lay down the law.

Author : Zena Prodromou
Publisher : Kluwer Law International B.V.
Page : 313 pages
File Size : 47,6 Mb
Release : 2020-08-12
Category : Law
ISBN : 9789403520018

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The Public Order Exception in International Trade, Investment, Human Rights and Commercial Disputes by Zena Prodromou Pdf

In the process of resolving disputes, it is not uncommon for parties to justify actions otherwise in breach of their obligations by invoking the need to protect some aspect of the elusive concept of public order. Until this thoroughly researched book, the criteria and factors against which international dispute bodies assess such claims have remained unclear. Now, by providing an in-depth comparative analysis of relevant jurisprudence under four distinct international dispute resolution systems – trade, investment, human rights and international commercial arbitration – the author of this invaluable book identifies common core benchmarks for the application of the public order exception. To achieve the broadest possible scope for her analysis, the author examines the public order exception’s function, role and application within the following international dispute resolution systems: relevant World Trade Organization (WTO) agreements as enforced by the organization’s Dispute Settlement Body and Appellate Body; international investment agreements as enforced by competent Arbitral Tribunals and Annulment Committees under the International Center for Settlement of Investment Disputes; provisions under the Inter-American Convention of Human Rights and the European Convention of Human Rights as enforced by the Inter-American Court of Human Rights and the European Court of Human Rights, respectively; and the New York Convention as enforced by national tribunals across the world. Controversies, tensions and pitfalls inherent in invoking the public order exception are elucidated, along with clear guidelines on how arguments may be crafted in order to enhance prospects of success. Throughout, tables and graphs systematize key aspects of the relevant jurisprudence under each of the dispute resolution systems analysed. As an immediate practical resource for lawyers on any side of a dispute who wish to invoke or strengthen a public order exception claim, the book’s systematic analysis will be welcomed by lawyers active in WTO disputes, international investment arbitration, human rights law or enforcement of foreign arbitral awards. Academics and policymakers will find a signal contribution to the ongoing debate on the existence, legal basis, content and functions of the transnational public order.

Author : Vesna Lazić,Steven Stuij
Publisher : Springer
Page : 127 pages
File Size : 46,5 Mb
Release : 2018-07-26
Category : Law
ISBN : 9789462652521

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International Dispute Resolution by Vesna Lazić,Steven Stuij Pdf

The contributions in this book cover a wide range of topics within modern disputeresolution, which can be summarised as follows: harmonisation, enforcement andalternative dispute resolution. In particular, it looks into the impact of harmonisedEU law on national rules of civil procedure and addresses the lack of harmonisationin the US regarding the recognition and enforcement of foreign judgments. Furthermore,the law on enforcement is examined, not only by focusing on US law, but also onhow to attach assets in order to enforce a judgment. Finally, it addresses certain typesof alternative dispute resolution. In addition, the book looks into the systems andcultures of dispute resolution in several regions of the world, such as the EU, the US andChina, that have a high impact on globalisation. Hence, the book is diverse in the senseof dealing with multiple issues in the field of modern dispute resolution./div The book offers explorations of the impact of international rules and EU law on domesticcivil procedure, through case studies from, among others, the US, China, Belgium andthe Netherlands. The relevance of EU law for the national debate and its impact on theregulation of civil procedure is also considered. Furthermore, several contributions discussthe necessity and possibility of harmonisation in the emergency arbitrator mechanisms inthe EU. The harmonisation of private international law rules within the EU, particularlythose of a procedural nature, is juxtaposed to the lack thereof in the US. Also, the bookoffers an overview of the current dispute settlement mechanisms in China. The publication is primarily meant for legal academics in private international law andcivil procedure. It will also prove useful to practitioners regularly engaged in cross-borderdispute resolution and will be of added value to advanced students, as well as to those withan interest in international litigation and more generally in the area of dispute resolution. Vesna Lazić is Senior Researcher at the T.M.C. Asser Institute, Associate Professor ofPrivate Law at Utrecht University and Professor of European Civil Procedure at theUniversity of Rijeka. Steven Stuij is an expert in Private International Law and a PhD Candidate/GuestResearcher at the Erasmus School of Law, Rotterdam. Ton Jongbloed is Guest Editor on this volume./div

Author : Ida Kwan Lun Mak
Publisher : Cambridge University Press
Page : 277 pages
File Size : 54,9 Mb
Release : 2017-10-19
Category : Law
ISBN : 9781107194199

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Alternative Dispute Resolution of Shareholder Disputes in Hong Kong by Ida Kwan Lun Mak Pdf

Uses an interdisciplinary and empirical approach to analyze the process of institutionalizing alternative dispute resolution (ADR) for shareholder disputes in Hong Kong.

Author : Andrew J. Pirie
Publisher : Unknown
Page : 472 pages
File Size : 55,5 Mb
Release : 2000
Category : Dispute resolution (Law)
ISBN : STANFORD:36105062233155

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Alternative Dispute Resolution by Andrew J. Pirie Pdf

Alternative dispute resolution, or ADR as it is commonly called, has come to have an enormous influence on disputing practices in North America and beyond. This influence is bound to continue well into the new millennium. It is now, more than ever, necessary to study and be familiar with ADR developments. This book takes you on a journey into the science, skills, and law that make up this exciting new field. Readers will have opportunities to consider the conflicting meanings attributed to ADR and to decide which ones might make most sense for them. The book covers the major disputing processe.

Author : MaryEllen O'Connell
Publisher : Routledge
Page : 552 pages
File Size : 55,7 Mb
Release : 2017-07-05
Category : History
ISBN : 9781351562485

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International Dispute Settlement by MaryEllen O'Connell Pdf

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.

Author : Marshall J. Breger,Gerald S. Schatz,Deborah Schick Laufer
Publisher : American Bar Association
Page : 804 pages
File Size : 41,8 Mb
Release : 2001
Category : Law
ISBN : 1570738432

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Federal Administrative Dispute Resolution Deskbook by Marshall J. Breger,Gerald S. Schatz,Deborah Schick Laufer Pdf

Author : John L. Comaroff,Simon A. Roberts,Simon Roberts
Publisher : University of Chicago Press
Page : 304 pages
File Size : 52,5 Mb
Release : 1981
Category : Social Science
ISBN : 9780226114255

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Rules and Processes by John L. Comaroff,Simon A. Roberts,Simon Roberts Pdf

Rules and Processes is at once a compelling essay in social theory and a pathbreaking ethnography of dispute in an African society. On the basis of a sensitive study of the Tswana of southern Africa, John Comaroff and Simon Roberts challenge most of the orthodoxies of legal anthropology. They argue that the social world, and the dispute processes that occur within it, are given form and meaning by a dialectical relationship between sociocultural structures and individual experience. The authors explore in a novel way the relations between culture and ideology, system and practice, social action and human intention. They develop a model that lays bare the form and content of "legal" and "political" discourse in all its variations—a model that accounts for the outcome of conflict processes and explains why the Tswana, like people in other cultures, conceive of their world in an apparently contradictory manner—as rule-governed yet inherently open to pragmatic individualism; orderly yet inherently fluid and shifting. Rules and Processes offers a fresh and persuasive approach to our understanding of the dialectics of social life. "A work of impressive scholarship in which theoretical sophistication and ethnographic richness are convincingly matched."—Ian Hamnett, Times Higher Education Supplement.

Author : Joachim Zekoll,Moritz Bälz,Iwo Amelung
Publisher : Martinus Nijhoff Publishers
Page : 424 pages
File Size : 49,7 Mb
Release : 2014-09-25
Category : Law
ISBN : 9789004281172

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Formalisation and Flexibilisation in Dispute Resolution by Joachim Zekoll,Moritz Bälz,Iwo Amelung Pdf

Formal law versus informal justice – these are two frequently invoked labels to highlight the distinction between court-based and “alternative” dispute resolution (ADR). Indeed, it appears to be all but a truism to assume that ADR has developed as a more flexible and creative alternative to rigid and formalised judicial proceedings. In Formalisation and Flexibilisation in Dispute Resolution scholars from four continents examine both historical and recent developments that cast doubt on the validity of these widespread assumptions. They not only explore trends towards an increased formalisation of ADR procedures but also address the tendencies of state civil justice systems to adopt flexible and informal tools for the resolution of disputes in the courts. Editors Joachim Zekoll, Moritz Bälz and Iwo Amelung have divided the book into three Parts. Part One seeks to develop the general theme of formalisation from several angles, including a socio-legal perspective, the public-private divide, the regulatory challenges and potential tensions with the rule of law. The emphasis of Part Two is on the historical emergence of formal and informal dispute resolution instruments in several legal and cultural contexts. Historical roots, be they genuine or construed, also play a role in the other two parts of the book, but in this part, they take centre stage. Finally, Part Three features chapters which address and elaborate on specific applications such as ADR as means of consumer dispute resolution and arbitration in transnational investment disputes. While the contributions to the first two parts of this volume already raise normative questions in some respects, this final part evaluates and passes judgement on the potential merits and deficits of ADR in a variety of specific settings.

Author : Farshad Ghodoosi
Publisher : Routledge
Page : 169 pages
File Size : 54,8 Mb
Release : 2016-06-10
Category : Law
ISBN : 9781317292838

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International Dispute Resolution and the Public Policy Exception by Farshad Ghodoosi Pdf

Despite the unprecedented growth of arbitration and other means of ADR in treaties and transnational contracts in recent years, there remains no clearly defined mechanism for control of the system. One of the oldest yet largely marginalized concepts in law is the public policy exception. This doctrine grants discretion to courts to set aside private legal arrangements, including arbitration, which might be considered harmful to the "public". The exceptional and vague nature of the doctrine, along with the strong push of actors in dispute resolution, has transformed it, in certain jurisdictions, to a toothless doctrine. At the international level, the notion of transnational public policy has been devised in order to capture norms that are "truly" transnational and amenable for application in cross-border litigations. Yet, despite the importance of this discussion—a safety valve and a control mechanism for today’s international and domestic international dispute resolution— no major study has ventured to review and analyze it. This book provides a historical, theoretical and practical background on public policy in dispute resolution with a focus on cross-border and transnational disputes. Farshad Ghodoosi argues that courts should adopt a more systemic approach to public policy while rejecting notions such as transnational public policy, which limits the application of those norms with mandatory nature. Contrary to the current trend, the book invites the reader to re-conceptualize the role of public policy, and transnational dispute resolution, in order to have more sustainable, fair and efficient mechanisms for resolving disputes outside of national courts. The book sheds light on one of the most important yet often-neglected control mechanisms of today’s international dispute resolution and will be of particular interest to students and academics in the fields of International Investment Law, International Trade Law, Business and Economics.

Author : Burkhard Hess
Publisher : BRILL
Page : 336 pages
File Size : 40,9 Mb
Release : 2018-08-21
Category : Law
ISBN : 9789004384903

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The Private-Public Law Divide in International Dispute Resolution by Burkhard Hess Pdf

This course addresses dispute resolution in international cases from the classical perspective of the private-public divide. The main focus relates to overlapping remedies available under private international and public international law. Nowadays, a multitude of courts and arbitral tribunals at different levels (domestic, international and transnational) is accessible to litigants in cross-border settings.

Author : Genevieve A. Chornenki,Christine E. Hart
Publisher : Unknown
Page : 363 pages
File Size : 44,8 Mb
Release : 2011
Category : Dispute resolution (Law)
ISBN : 043346299X

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Bypass Court by Genevieve A. Chornenki,Christine E. Hart Pdf

"Recourse to dispute resolution processes such as mediation and arbitration is increasing as litigants look for more practical means of resolving their disputes. This authoritative and accessible work provides practical advice on how to select, prepare for and engage in a range of dispute resolution processes. Practical and portable, and including examples, forms, checklists and sample documents, this handbook is a reference source for anyone who is involved in a dispute resolution process."--Pub. desc.

Author : United States. Congress. House. Committee on the Judiciary. Subcommittee on Courts, Civil Liberties, and the Administration of Justice
Publisher : Unknown
Page : 660 pages
File Size : 53,8 Mb
Release : 1978
Category : Arbitration and award
ISBN : PURD:32754078043670

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Dispute Resolution Act by United States. Congress. House. Committee on the Judiciary. Subcommittee on Courts, Civil Liberties, and the Administration of Justice Pdf