International law: international disputes and civil procedure Books
OUP Oxford Blackstones Guide to the Extradition Act 2003
Book SynopsisThe Extradition Act 2003 came into force on 1st January 2004. The Act is a major piece of legislation and will radically overhaul current extradition procedures with the aim of simplifying and speeding up the extradition process. This Guide offers comprehensive coverage of the new extradition regime and is an essential tool for all those working in extradition and international criminal law.Trade ReviewBut, as the barrister Julian Knowles shrewdly points out in his Blackstone's Guide to the Extradition Act 2003 (OUP), it's not that simple. First, the Human Rights Act says that nobody in Britain may even be condemned to death. So promising that a death sentence, if imposed, will not be carried out is not good enough to satisfy the Human Rights Convention. * Joshua Rozenberg (Legal Editor), The Daily Telegraph *Table of Contents1. Introduction and Overview ; 2. Liability to Extradition. Extradition Offences ; 3. Categorization of Territories, Territorial Scope of the EA 2003 ; 4. Initial Stages of the Extradition Process ; 5. The Extradition Hearing in Category 1 Cases ; 6. The Extradition Hearing in Category 2 Cases ; 7. Extradition and Human Rights ; 8. The Role of the Secretary of State. Deferral of Extradition ; 9. Appeals ; 10. Time for Extradition ; 11. Consent to Extradition. Withdrawal of Claims for Extradition ; 12. Return to the United Kingdom ; 13. Police Powers in Extradition Cases ; 14. Post-Surrender Matters ; APPENDICES ; Appendix 1: An Act to make provision about extradition [20th November 2003] ; Appendix 2: European Framework Decision ; Appendix 3: The Extradition Act 2003 (Multiple Offences) Order 2003 ; Appendix 4: Category 1 and Category 2 Territories. Territories Designated under the EA 2003 ; Appendix 5: Useful Web References
£999.99
Cambridge University Press Dispute Settlement Reports 2012 Volume 3 Pages 12491834 World Trade Organization Dispute Settlement Reports
a huge range and FREE tracked UK delivery on ALL orders.
£128.25
Edward Elgar Publishing Ltd Prosecuting and Defending Domain Name Disputes
Book SynopsisTrade Review‘A must have for all those involved in domain name disputes. It offers extremely valuable guidance for effective litigation under the UDRP, both for complainants and defendants.’ -- Professor Charles Gielen, NautaDutilh, Amsterdam, the Netherlands and University of Stellenbosch, South AfricaTable of ContentsContents: Foreword Preface Table of WIPO Domain Name Decisions 1 History, organization, and management of the Uniform Domain Name Dispute Resolution Policy (UDRP) 2 WIPO UDRP procedure 3 First UDRP element: proving the disputed domain name is identical or confusing with complainant’s trademark 4 Second UDRP element: respondent has no rights or legitimate interests in disputed domain name 5 Third UDRP element: the disputed domain name has been registered and is being used in bad faith 6 Procedural issues 7 Litigating WIPO UDRP disputes Appendix 1 ICANN Uniform Domain Name Dispute Resolution Policy Appendix 2 ICANN Rules for Uniform Domain Name Dispute Resolution Policy Appendix 3 World Intellectual Property Organization Supplemental Rules for Uniform Domain Name Dispute Resolution Policy Appendix 4 WIPO Guide to the Uniform Domain Name Dispute Resolution Policy (UDRP) Appendix 5 Complaint Form Appendix 6 Response Form Index
£150.00
Bristol University Press Rethinking Peace Mediation: Challenges of
Book SynopsisWritten by international practitioners and scholars, this pioneering work offers important insights into peace mediation practice today and the role of third parties in the resolution of armed conflicts. The authors reveal how peace mediation has developed into a complex arena and how multifaceted assistance has become an indispensable part of it. Offering unique reflections on the new frameworks set out by the UN, they look at the challenges and opportunities of third-party involvement. With its policy focus and real-world examples from across the globe, this is essential reading for researchers of peace and conflict studies, and a go-to reference point for advisors involved in peace processes.Table of ContentsRethinking Peace Mediation: Trends and Challenges ~ Catherine Turner and Martin Wählisch Part 1 ~ Normative Influences on Mediation Promoting Professionalism: A Normative Framework for Peace Mediation ~ Philipp Kastner Norm Diffusion in International Peace Mediation ~ Siniša Vuković The Emulation of Peace Mediation Practices: Beware of the Jurisgenerative Train ~ Emmanuel De Groof Cowboys or Mavericks?: The Normative Agency of NGO Mediators ~ Julia Palmiano Federer The Challenges of Legalised Peacemaking: The Case of the 2012–16 Peace Negotiations in Colombia ~ Asli Ozcelik Part 2 ~ Inclusion in Theory and Practice Inclusion of Whom? And for What Purpose?: Strategies of Inclusion in Peacemaking ~ Andreas Hirblinger and Dana Landau Rethinking Mediation During Contested Regime Transformation and Episodes of Mobilization ~ Elisa Tarnaala From Normative to Social Approaches to Inclusion: Supporting Multi-scalar Peace Process Design ~ Emma Van Santen The Business of Peace and the Politics of Inclusion: The Role of Local Business Leaders in Yemen (2011-2016) ~ Josie Lianne Kaye Mediating Across Worldviews ~ Jeff Seul Part 3 ~ Strategies of Engagement Mediating Multi-lateral Proxy Conflicts ~ Francis Ward Towards a More Integrated Approach?: Co-operation Among the UN, AU, and IGAD in Mediation Support ~ Jamie Pring Women’s Mediator Networks: Reflections on an Emerging Global Trend ~ Irene Fellin and Catherine Turner Technology and Peace Mediation: A Shift in the Mediator’s Profession? ~ Miguel Varela The Nexus of Peace Mediation and Constitution Making: The Case for Stronger Interaction and Collaboration ~ Mir Mubashir, Julian Klauke and Luxshi Vimalarajah Rethinking the Professionalisation of Peace Mediation ~ Lars Kirchhoff and Anne Isabel Kraus
£81.89
Edward Elgar Publishing Ltd Reparations in Domestic and International Mass
Book SynopsisMass claims have historically allowed victims of wrongdoing on an extensive scale to be compensated for losses suffered. This insightful book surveys and evaluates both domestic and international mass claims processes, delineating their successes and failures in providing this compensation. Through an in-depth examination of the efficacy and efficiency of mass claims processes, Jason Scott Palmer analyses the actors involved and their roles, such as those who provide reparations and why these reparations are provided. Palmer carefully considers the utility of potential future mass claims reparations regimes through the use of hypothetical mass claims property losses, based on highly relevant case studies such as the Israeli–Palestinian conflict. He emphasizes that, to fully understand mass claims reparations programs, one must inspect the complete process of reparations funding and distribution. Academics researching domestic and international mass claims processes will find the historical analysis within this book to be essential. Due to its practical implications, practitioners engaged in litigating or designing mass claims processes will additionally benefit from its scope.Trade Review‘The book succeeds at three levels: introducing international mass-claim processes, an important but understudied discipline; comparing international processes against those in the United States, revealing important insights; and providing practical guidance on contemporary crises – from the war in Ukraine to the Israeli-Palestinian conflict – born of the author’s firsthand experience.’ -- Jeremy K. Sharpe, Columbia Law School, US‘Mass claims processes may take up a small corner of international law, but that corner has great importance for victims. Jason Scott Palmer, one of the few lawyers with actual experience in the field, makes a critical contribution to the limited literature with ‘Reparations in Domestic and International Mass Claims Processes’. Given the state of the world, this book will be more useful than even Professor Palmer could have predicted.’ -- Lucy Reed, Arbitration Chambers, USTable of ContentsContents: Introduction 1. What is mass claims processing? 2. Class actions in the United States: past, present, and future 3. The Deepwater Horizon Gulf oil spill and its consequences 4. The September 11th Victim Compensation Fund: reparations for terrorist attacks on U.S. soil 5. In Re Holocaust Victim Assets Litigation: a hybrid U.S. mass claims action 6. International mass claims reparations for Holocaust claims: Claims Resolution Tribunal for Dormant Accounts in Switzerland (CRT-I and CRT-II) 7. Global mass claims reparations: the United Nations Compensation Commission 8. Compensating losses in future international mass claims processes. Index
£96.69
Edward Elgar Publishing Ltd The South China Sea Arbitration: The Legal
Book SynopsisBringing together leading experts on the law of the sea, The South China Sea Arbitration provides a detailed analysis of the significant aspects, findings and legal reasoning in the high-profile case of the South China Sea Arbitration between the Philippines and China.The book offers a comprehensive overview and analysis of the major issues discussed in the Arbitration including jurisdiction, procedure, maritime entitlement, and the protection of the marine environment. The chapters also explore the implications of the case for the South China Sea disputes and possible dispute settlements under the 1982 United Nations Convention on the Law of the Sea. The robust discussion in each chapter will be an invaluable contribution to the ongoing debate on the South China Sea Arbitration.This informative and compelling book will be essential reading for scholars and students of public international law, law of the sea, international dispute settlement and international relations. Policy makers and governmental officials with responsibility for law of the sea and international dispute settlement, as well as members of international courts and tribunals, international organisations and non-governmental organisations, will find this book a stimulating read.Contributors include: R. Beckman, T. Davenport, E. Franckx, L.Q. Hung, S. Jayakumar, S. Kaye, T. Koh, Y. Lyons, M.H. Nordquist, N. Oral, H.D. Phan, J.A. Roach, C SymmonsTrade Review'This book is one of the most thoughtful contributions to the discussion on the arbitral awards in the South China Sea case. Addressing a case charged with political implications, it examines, with a scholarly approach, some of the most important and controversial issues raised in the Awards. Particular attention is given to the key issue of the meaning of ''rocks'' under article 121 of the UN Convention on the Law of the Sea. More technical legal aspects, often left out in studies on the subject, such as the procedural ones, are also addressed. The authors are well known specialists on the law of the sea working under the wise coordination of some of the top specialists in Singapore's research institutions.' --Tullio Treves, Universita degli Studi di Milano, Italy'The depth and breadth this book brings to the legal issues surrounding the South China Sea Arbitration are unmatched. The contributors explain the various aspects of the disputes (particularly those relating to the status and entitlement of the Spratly Islands' features), analyse the implications for the cooperation in the South China Sea, and the legal ramifications for the order of the oceans established under UNCLOS. This book is thus an essential reading for everyone interested in the current state of art in a field that addresses one of the key legal development with regard to the South China Sea.' --Julien Chaisse, The Chinese University of Hong Kong and Advisory Board Member, Asian Academy of International LawTable of ContentsContents: 1. The South China Sea Arbitration: Laying the Groundwork S Jayakumar, Tommy Koh, Robert Beckman, Tara Davenport and Hao Duy Phan Part I Jurisdiction and Procedure 2. Jurisdictional Issues in the South China Sea Arbitration Robert Beckman 3. Jurisdiction in the South China Sea Arbitration: Application of the Monetary Gold Principle Stuart Kaye 4. Procedural Issues Arising from China’s Non-Participation in the South China Sea Arbitration Tara Davenport Part II Maritime Entitlements 5. Historic Rights in the Light of the Award in the South China Sea Arbitration: What Remains of the Doctrine Now? Clive R Symmons 6. Determining High-tide Features (or Islands) in the South China Sea under Article 121(1): A Legal and Oceanography Perspective Youna Lyons, Luu Quang Hung and Pavel Tkalich 7. The Arbitral Tribunal’s Interpretation of Paragraph 3 in Article 121: A First But Important Step Forward Erik Franckx 8. UNCLOS Article 121 and Itu Aba in the South China Sea Final Award: A Correct Interpretation? Myron H Nordquist 9. Artificial Islands in the South China Sea: The Legal Regime and Implications of the Award J Ashley Roach Part III Marine Environment 10. The South China Sea Arbitral Award, Part XII of UNCLOS, and the Protection and Preservation of the Marine Environment Nilüfer Oral 11. Rocks Versus Islands: Implications for Protection of the Marine Environment J Ashley Roach Part IV Conclusion 12. Conclusion S Jayakumar, Tommy Koh, Robert Beckman, Tara Davenport and Hao Duy Phan Index
£111.00
Edward Elgar Publishing Ltd Introduction to Law and Global Governance
Book SynopsisThis innovative textbook introduces the idea of law existing, operating, and functioning beyond the Nation State. Offering a structured approach, Elaine Fahey breaks down the core aspects of theory, practice and regulation in order to examine the key conceptual and factual components of the relationship between law and global governance. An excellent teaching resource for both undergraduate and postgraduate levels, the key features of this textbook include: ? An interdisciplinary approach to the understanding of the interaction of law and globalisation to provide readers with snapshots of key thematic issues? Four substantive chapters on global governance, actors, sovereignty, and borders and territory to help the reader engage with a diversity of themes and topics, united under broader concepts which are at the heart of understanding what is beyond the Nation State? Two further chapters on trade and data to immerse the reader further into areas of law beyond the State which are important in contemporary times? Highlighted boxes to help identify key information, whilst further reflection points and suggested further reading at the end of each chapter offer context to the topics discussed. With its broad theoretical reach, this textbook will be an invaluable teaching and learning tool for students of law, international relations, politics, political science, governance, and transnational law and governance.Table of ContentsContents: 1. Introducing Law ‘Law’ Beyond the Nation State 2. On Globalisation and Law 3. The Actors and Institutions of the Global Legal Order 4. Sovereignty Beyond the Nation State 5. Borders, Spaces and Territory: Regulatory Authority Beyond the Borders of the Nation State 6. Case Study: Data Beyond the State in the Digital Age 7. Case Study: Global Trade and the Global Legal Order Index
£105.00
Edward Elgar Publishing Ltd Introduction to Law and Global Governance
Book SynopsisThis innovative textbook introduces the idea of law existing, operating, and functioning beyond the Nation State. Offering a structured approach, Elaine Fahey breaks down the core aspects of theory, practice and regulation in order to examine the key conceptual and factual components of the relationship between law and global governance. An excellent teaching resource for both undergraduate and postgraduate levels, the key features of this textbook include: ? An interdisciplinary approach to the understanding of the interaction of law and globalisation to provide readers with snapshots of key thematic issues? Four substantive chapters on global governance, actors, sovereignty, and borders and territory to help the reader engage with a diversity of themes and topics, united under broader concepts which are at the heart of understanding what is beyond the Nation State? Two further chapters on trade and data to immerse the reader further into areas of law beyond the State which are important in contemporary times? Highlighted boxes to help identify key information, whilst further reflection points and suggested further reading at the end of each chapter offer context to the topics discussed. With its broad theoretical reach, this textbook will be an invaluable teaching and learning tool for students of law, international relations, politics, political science, governance, and transnational law and governance.Table of ContentsContents: 1. Introducing Law ‘Law’ Beyond the Nation State 2. On Globalisation and Law 3. The Actors and Institutions of the Global Legal Order 4. Sovereignty Beyond the Nation State 5. Borders, Spaces and Territory: Regulatory Authority Beyond the Borders of the Nation State 6. Case Study: Data Beyond the State in the Digital Age 7. Case Study: Global Trade and the Global Legal Order Index
£32.25
Edward Elgar Publishing Ltd Judicial Engagement of International Economic
Book SynopsisIn this thought-provoking book, Michelle Q. Zang critically examines the practices and outcomes of international economic adjudication through an exploration of a selected group of specialized judicial actors. She draws on an in-depth review of decisions delivered by bilateral, regional and multilateral judiciaries in order to respond to questions surrounding the proliferation and fragmentation of international adjudication, including the concerns and challenges this raises. By disentangling and analysing the relationships between the various economic regimes involved, Zang reveals their substantial influence on the manner of engagement between specific adjudicators embedded in these regimes. The book also provides critical discussion about the development of international economic judiciaries, and explores the role of judicial bodies as regime coordinators within specialized and regional regimes under international law. It demonstrates that despite criticisms of plurality as the dominant phenomenon in international economic adjudication, it is not the sole root of the issues examined. Scholars and students of international law, in particular those interested in international adjudication and international economic law, will find this book to be crucial reading. It will also prove useful for practitioners specializing in international economic dispute settlement.Trade Review'The concern about increasing fragmentation of international law as a consequence of the proliferation of international courts and tribunals has gradually shifted to a more positive expectation about cross-fertilization between different legal areas. What we now need is empirical studies about how the interaction works. Michelle Zang's comprehensive study in the fields of trade and investment through the key concept of ''engagement'' between the relevant courts and tribunals contributes to fill this gap and is highly welcome!' --Geir Ulfstein, University of Oslo, Norway'Zang's book makes an incisive foray into international economic law where numerous bilateral, regional and multilateral judiciaries are active and highlights the various paths that allow for judicial coordination. Even if one cannot deny the existence of incoherence or conflict, the book makes the point that the engagement process of courts and tribunals is healthy and leads more often towards coordination. A welcome positive assessment at a time when the international judicial function is under severe attack.' --Laurence Boisson de Chazournes, University of Geneva, Switzerland'A very important addition to the literature on the fragmentation of the international economic legal order and to that of judicial dialog across jurisdictions.' --J.H.H. Weiler, New York University, USTable of ContentsContents: 1. Introduction 2. Dialogue through jurisprudence: engagement between the WTO dispute settlement and the Court of Justice of the European Union 3. When the multilateral meets the regional and vice versa: engagement between the WTO dispute settlement and regional adjudicators 4. Competitive friendship: engagement between international trade and investment adjudicators 5. Conclusion Bibliography Index
£78.00
Edward Elgar Publishing Ltd Litigating the Environment: Process and Procedure
Book SynopsisProviding an insightful contribution to literature on the topic, this book scrutinises how international courts and tribunals may respond procedurally to an ever-growing list of environmental disputes. In a time of environmental crisis, it lays crucial groundwork for strengthening the application of international environmental law, a topic of increasing relevance for global civil society. Putting into perspective the practices of various international courts and tribunals, the author works within the constraints of the existing judicial framework to sharpen international environmental justice and governance. Bendel provides judges and litigators with tools that they can use when confronted with environmental disputes, to extract the best practices in the interest of improving environmental litigation for each phase of a judicial procedure. This state-of-the-art book will be an invaluable resource for academics and students of environmental law, dispute settlement and public international law. With its practical applications, international judges, litigators and governments will also benefit from the book.Trade Review‘What role do international litigation and the international legal system play in resolving environmental disputes? An older generation of international lawyers would have answered that question by reference to the law of state responsibility for damage and the Trail Smelter case. A modern scholar, such as Dr. Bendel, focuses instead on the need for a preventive approach to environmental harm, exemplified by part XII of the 1982 UNCLOS. Relocating the international legal system within this preventive context has not been easy. There is first the problem of systematizing the growing network of regulatory treaties into a coherent whole that courts and governments can apply effectively. There is also the growing number and diversity of courts, tribunals and noncompliance procedures with overlapping jurisdiction over a wide range of disputes, only some of which are environmental. How do we make sense of such a fragmented system that no-one would design from scratch but that seems to work tolerably well. Dr. Bendel’s book provides a sure and confident guide to these challenging questions. It merits a place on the bookshelves of anyone who has to deal with global or regional environmental problems.’ -- Alan Boyle, Edinburgh University, UK‘Legal questions regarding the protection of the environment, including addressing climate change and its adverse effects, are quickly rising on the international judicial agenda. Justine Bendel's book provides a diligent analysis of the procedural contours of international court and tribunals in addressing such questions. The timing of this book could not have been more suitable nor its relevance more acute.’ -- Christina Voigt, University of Oslo, Norway‘The litigation of environmental matters in international courts and tribunals continues apace, and this exciting new book explores and challenges assumptions about the function of this litigation in delivering positive outcomes for a global environment that is under increasing pressure.’ -- Tim Stephens, The University of Sydney, AustraliaTable of ContentsContents: 1. Introduction 2. Functions of international litigation 3. Access to international courts and tribunals 4. Scientific evidence 5. Prevention and provisional measures of protection 6. Remedies 7. Relationships between judicial dispute settlement and non-compliance procedures 8. Conclusion Bibliography Index
£116.47
Edward Elgar Publishing Ltd Collective and Mass Litigation in Europe: Model
Book SynopsisWritten by leading authorities in the field of European civil procedure and collective redress, this timely book explores the model collective proceedings rules in the ELI/UNDROIT European Rules of Civil Procedure. It explains the intended application of this 'best practice' set of collective redress rules, intended to promote greater consistency in civil and commercial court procedure across Europe, linking to existing European practice and initiatives in the field.Chapters investigate important issues for mass and collective actions including certification of actions as suitable for collective treatment, collective settlement, costs and funding. Concluding with insights from class action experts outside Europe, this incisive book provides objective perspectives on this rapidly developing area of European legal practice and proposes areas where these rules may influence class actions internationally.Collective and Mass Litigation in Europe will be a key resource for scholars and students of collective redress and civil procedure. The commentary on this significant benchmark in collective redress litigation will also be of benefit to policy makers, judges and legal practitioners involved in mass claims.Trade Review'With the recent adoption of the EU Directive on collective redress, a study on the respective rules in the European Rules of Civil Procedure proposed by UNDROIT and ELI is most welcome. These rules are intended to serve as a model for national legislatures, precisely what is needed now in order to implement the new directive. The editors assembled a team of leading academics and practitioners from around the globe. The book is well-organized and not only provides a succinct commentary on the ERCP rules on collective redress, but goes beyond that by contributing to a truly in-depth understanding of the subject of collective redress in general.' -- Georg Kodek, Vienna University of Economics and Business, Austria'The concept of developing model rules for a European Civil Procedure Code has, as its zenith, the topic of collective redress, given the longstanding variances of legal attitude, culture, substantive law, and procedural rules across the EU member states on this intricate topic. This ambitious work, via its various contributors, makes an important and thoughtful contribution to the collective redress journey, by drawing out the differences, and commonalities, that inform the essential ability of any legal system to enable access to justice for those who could not otherwise afford it.' -- Professor Rachael Mulheron, Queen Mary University of London, UK'A specifically European model of collective redress is taking shape. Its progressive construction owes much to lessons learned from across the Atlantic, so that its design can be seen in many ways as a response to what was long seen as American exceptionalism. As Europe opens up to aggregate litigation and the emergence of "the statistical victim" (famously so-termed by Sheila Jasanoff), the analyses provided in this book will serve usefully to navigate the complex procedural issues that accompany the transplant.' -- Horatia Muir Watt, Sciences Po Law School, FranceTable of ContentsContents: 1. General introduction Astrid Stadler, Emmanuel Jeuland and Vincent Smith 2. The concept of ‘party’ Emmanuel Jeuland 3. Joinder, consolidation and group claims Vincent Smith 4. Change of parties: representation, substitution, assignment Emmanuel Jeuland 5. Introduction: collective redress Astrid Stadler, Emmanuel Jeuland and Vincent Smith 6. Type of claim, structure and certification of collective proceedings Astrid Stadler 7. Legal standing in collective redress Ianika Tzankova 8. Case management and the role of the judge Magne Strandberg and Vincent Smith 9. Evidence in collective redress proceedings under the ERCP Fernando Gascón Inchausti 10. Calculating compensation in collective redress claims Nils von Hinten-Reed 11. Collective settlements Astrid Stadler 12. Costs and funding of collective redress proceedings Stefaan Voet 13. Cross-border issues Michael Stürner 14. ERCP collective redress and the wider world Astrid Stadler, Emmanuel Jeuland, Vincent Smith, Richard Marcus, Peter Cashman, Choong-soo Han and Hermes Zaneti Jr. Index
£126.00
Edward Elgar Publishing Ltd Forming Transnational Dispute Settlement Norms:
Book SynopsisThis thought-provoking book examines whether regional centres associated with global legal institutions facilitate expanded citizen engagement in global soft law making. Through an analysis of empirical research into the role of decentralized soft law making in the East Asian region, it investigates the influence of such regional centres in overcoming representational deficits in the design of cross-border dispute settlement norms.Shahla F. Ali analyses survey data, in-depth case studies and UNCITRAL participation records to provide a comprehensive view of the contributions of Asia Pacific states in the development and refinement of UNCITRAL dispute settlement instruments. She argues that this has corresponded with the emergence of a new form of decentralized transnational legal ordering, advancing representation and legal innovation at both regional and global levels. The book concludes that these findings support the expansion of regional centres in areas with historically limited representation in global law making.Students, scholars and practitioners of transnational dispute resolution and comparative law will find this book to be critical reading. Its identification of best practices and law and policy recommendations will also be of interest to those working in global legislative design and policy.Trade Review'Shahla Ali provides a richly detailed case study that illuminates how soft law is actually created and becomes effective. In doing so, she also shows how transnational dispute resolution norms are developed and how they become a form of legal regulation even in the absence of coercive enforcement power. Thus, this book is a must for scholars of global legal pluralism, practitioners of transnational dispute resolution, and all those interested in understanding in granular detail how international law is created and develops power over time.' -- Paul Schiff Berman, The George Washington University, US'Shahla Ali's excellent new book on the role of UNCITRAL's Regional Centre for Asia and the Pacific in soft law-making shows the importance of rigorous, in-depth empirical analysis to test and support theoretical arguments calling for direct citizen participation to confirm the legitimacy of global norms.' -- Steven Wheatley, Lancaster University Law School, UK'International commercial arbitration has long been subject to criticism for unequal access to and participation in shaping the rules and practices of this transnational legal order. Professor Ali's book breaks new ground on this key issue for the legitimacy of commercial arbitration by persuasively documenting a success story in broadening and deepening Asian state participation. The book shows that the success of UNCITRAL's International Trade Law Regional Centre for Asia and the Pacific may provide a model for other regions.' -- Bryant Garth, UCI Law, US and author of Dealing in Virtue'This book leverages original data and novel methods to show convincingly how a regional soft lawmaking institution can overcome deliberative deficits, asymmetries in lawmaking influence, and failures to appropriate national and local creativity in global trade lawmaking. By imaginatively ''mapping the middle,'' Shahla Ali persuasively demonstrates the integral ways that a regional body can consolidate responsive transnational legal orders (TLOs) by harnessing state and non-state innovation and adaptations to diverse economic and legal contexts. In so doing Ali discovers new variants of TLOs and opens up exciting frontiers for research and theory.' -- Terence Halliday, American Bar Foundation, and co-author of Global Lawmakers: International Organizations in the Crafting of World Markets'This study of the growing role of Asia-Pacific countries in the governance of international dispute resolution combines sophisticated treatments of the relevant legal instruments and theoretical literature with rigorous empirical analyses. It is impossible to ignore this evidence of decentralized transnational legal ordering and how it might be fostered by regional institutions.' -- Kevin E. Davis, NYU School of Law, US'It is rare to have 5 years of our work performance scrutinized academically, and peer-reviewed. I cannot escape a sense of relief after reading this remarkable work by Professor Shahla Ali. Her work shows the importance of having more Regional Offices, not only of UNCITRAL, but, I dare to say, also of the HCCH and UNIDROIT. This book demonstrates how they are key enablers of legal reforms and relevant platforms to ensure equal access to legal knowledge. One of the possible conclusions reading this book, is that such work reduces non-tariff (sometimes invisible) trade barriers, and has tremendous side effects like levelling the playing field for practitioners and legal educators from parts of the world often meriting less attention and resources. For example, without such work, we would have never seen DPR Korea or Laos adopting the CISG and its core value: party autonomy. This book is indispensable for any one engaged with legal reforms based on international cooperation.' -- João Ribeiro-Bidaoui, Permanent Bureau of the Hague Conference on Private International Law (HCCH) and UNCITRAL Regional Centre for Asia and the Pacific (2013-2018)Table of ContentsContents: Preface PART I INTRODUCTION: SOFT LAW FORMATION IN A GLOBAL CONTEXT 1. Development of transnational legal norms 2. Transnational soft law norm formation: challenges and developments in extending representation development of transnational legal norms 3. From the central to the regional: contributions of UNCITRAL and RCAP on soft law-making in transnational dispute resolution 4. Indicators of representation in global governance: assessing regional engagement, representation and diversity through UNCITRAL RCAP PART II RCAP CASE STUDIES: DEVELOPMENT AND EXPANSION OF REGIONAL SOFT LAW 5. Singapore Convention on International Settlement Agreements Resulting from Mediation 6. UNCITRAL Working Group III deliberations on investor–state arbitration reform 7. Transparency rules 8. Online dispute resolution 9. UNCITRAL Model Law on International Commercial Arbitration 10. Conciliation Rules PART III EMPIRICAL FINDINGS ON THE CONTRIBUTION OF RCAP IN EXTENDING REGIONAL REPRESENTATION 11. Extending soft law representation through regional centres:empirical analysis 12. Conclusions Selected Bibliography Index
£100.00
Edward Elgar Publishing Ltd The Law and Economics of WTO Law: A Comparison
Book SynopsisThis insightful book proposes taking inspiration from EU competition law structures to inform and implement a more economic approach in WTO law. The book provides a detailed account of the two legal systems regarding likeness, harm, and remedies, in order to draw comparisons. Taking a unique approach in synthesizing law and economics with comparative law methods, it considers WTO law holistically to propose a legal transplant from EU competition law to WTO law.Drawing from EU competition law, the book generates comparative ideas that can improve the understanding of fundamental WTO concepts such as likeness, less favourable treatment, discrimination, trade harm, trade effects, and the level of permissible countermeasures. Based on this analysis, the author offers normative suggestions to improve the efficiency of WTO law through correct implementation of a more economic approach. As part of this approach, the author recommends an increased capacity for all key actors involved in WTO dispute settlement. Exploring key WTO concepts and employing law and economics benchmarks to make comparisons, this thought-provoking book will be of benefit to scholars and students of law and economics, global transnational law and WTO law in particular. It will also prove valuable for practitioners and policy makers involved in international trade law and dispute settlement.Trade Review‘This thought-provoking work puts forwards a strong plea for a holistic “law and economics”-inspired comparative evaluation of WTO law and EU competition law. Based on an extensive analysis of case law and literature, the normative conclusions of this work are a must-read for everyone interested in WTO and EU law as well as those who wish to examine how its research results can be extrapolated to other fields, such as investment law, where similar issues are at play.’Table of ContentsContents: PART I PREMISE, METHOD, AND STRUCTURE 1. Complexity in international trade and WTO law’s legitimacy crisis PART II DEFINING THE RELEVANT MARKET AND ‘LIKENESS’ 2. Relevant market definition in EU competition law 3. Relevant market definition in WTO law 4. Relevant market in EU competition law and WTO law PART III PROVING INFRINGEMENTS: THEORIES OF HARM AND EFFECT 5. Theories of harm and the effects-based approach in EU competition law 6. Infringements in WTO law, theories of harm, and effects 7. Theories of harm and effects in EU competition law and WTO law PART IV QUANTIFYING HARM: REMEDIES AND SANCTIONS 8. Quantification of remedies and sanctions in EU competition law 9. Remedies and the quantification of harm in WTO law 10. EU competition law sanctions and remedies and WTO law countermeasures PART V NORMATIVE CONCLUSIONS AND CONCLUDING REMARKS 11. Normative conclusions and suggestions 12. Solving WTO law’s legitimacy crisis Index
£111.00
Edward Elgar Publishing Ltd Contestation and Polarization in Global
Book SynopsisBuilding a thorough and comprehensive understanding of the limits of the international rules-based liberal order across a variety of issue areas, this topical book highlights how the discourse and values inherent in these long-established political arrangements are now facing a backlash.Leading scholars examine how, with a greater dispersion of power and heterogeneity of preferences, Europe navigates a system characterized by a growing deadlock in major international institutions and a lack of compliance with international rules on global governance. Chapters analyse the challenges within international organizations and the international order itself, where the global balance of power is shifting towards a multipolar system. Challenges explored include populist-nationalist movements; rising geopolitical tensions; and growing inequality, political polarization and diminishing trust in political institutions. With the pull of global competition and rising power politics, the book identifies the limits to multilateral cooperation and the shortfalls of the traditional state-based liberal order in addressing global problems, finding a need for more diversity in governance structures to deal with increased connectivity and interdependence.Multi-disciplinary in scope, this forward-thinking book will prove vital to students and scholars of international relations, politics, and law, particularly those interested in the contestation and polarization in global governance, European responses to these challenges, and the transformation of the international liberal order.Trade Review‘The “liberal international order” that the United States and Europe dominated not so long ago is now seriously contested through a combination of the rise of rival authoritarian powers and the ascent of nativist/populist leaders. This thoughtful and compelling volume addresses the strategic responses across policy fields that a constrained Europe is pursuing in this changing global order.’ -- Gregory Shaffer, Georgetown University Law Center, US‘This new and important book offers a comprehensive account of the various forces that are currently at play around the globe and those that have shaped the past century, having produced the international liberal order that is faced with a myriad of pressures. Drawing on a wide range of authors, representing different backgrounds and disciplines, this book offers new insights into the challenges that we are facing today. Focusing in particular on European responses to these pressures in the global economic political order, the authors in this volume provide the reader with in-depth analyses and point to a variety of paths that lie ahead.’ -- Amy Verdun, University of Victoria, Canada and Leiden University, the Netherlands‘This book delivers a much needed and thorough analysis of the European Union in the global order. The contributors explore crucial challenges and contestation - both internal and external - facing the EU across an impressive variety of policy areas and geographical regions. These timely analyses provide essential insights and lessons for scholars and policymakers interested in a Europe that finds itself at a crossroads and needing to adapt to significant changes in the global landscape.’ -- Chad Damro, University of Edinburgh, UKTable of ContentsContents: Introduction to Contestation and Polarization in Global Governance 1 Michelle Egan, Kolja Raube, Julien Chaisse and Jan Wouters PART I CONTESTATION AND POLARIZATION IN GLOBAL GOVERNANCE AND CHANGING GLOBAL ORDERS 1 Global governance in the twenty-first century: end of the Bretton Woods moment? 18 Miles Kahler 2 Recasting world order: power politics, contestation and international institutions 38 Shawn Donnelly 3 The era of un-institutionalized regions: explaining the diminished prospects of regional integration in the twenty-first century 55 Nicolas de Zamaróczy 4 The European Union and United States in the era of shifting global order 76 Karol Chwedczuk-Szulc 5 Why create another Development Bank? China and the Asian Infrastructure Investment Bank 95 Tamar Gutner 6 Contesting international economic governance: the ‘people’ and trade in the Trump and Brexit rhetoric 109 Angelos Chryssogelos 7 Populists at the G20 and G7: informal cooperation in turbulent times 125 Alex Andrione-Moylan and Jan Wouters PART II CHANGING GLOBAL ORDERS AND EUROPEAN RESPONSES 8 Contesting transatlantic relations: how weaker relations influence EU foreign policies 145 Akasemi Newsome and Marianne Riddervold 9 Divide and conquer? Europe, China and policy coherence 161 Terrence Guay and Michael H. Smith 10 What role for the EU? Domestic contestation of the EU’s global role(s) in its neighbourhood 180 Magdalena Góra 11 “Don’t stop believin’”: Germany’s turn from reflexive to strategic multilateralism 197 Niklas Helwig 12 A Trump effect on European Union climate ambitions? The European Council and Council of the EU’s responses to US climate contestation 214 Katja Biedenkopf and Franziska Petri 13 Normative power Europe in the Belt and Road Initiative: challenge for constructing the self or an opportunity for changing others? 230 Xueji SU 14 Localizing the responsibility to protect: European and Brazilian perspectives 248 Jan Wouters and Francisca Costa Reis 15 The AI global order: what place for the European Union? 265 Matthieu Burnay and Alexandru Circiumaru PART III CHANGING GLOBAL TRADE ORDER AND EUROPEAN RESPONSES 16 Keep on trading in the Free World 284 Fernando Dias Simões 17 The EU and the US on investor-state dispute settlement reform 303 Emily Gilson 18 The European Union’s global actorness in the climate change era: using Sustainable Development Goals to bring China and the US together 325 Doga Ulas Eralp 19 Tackling labour rights and environmental protection through trade and Sustainable Development Chapters: the European approach 344 Iulianna Romanchyshyna 20 Reform of international investment agreements and sustainable development: contrasting the EU and Global South approaches 358 Gudrun Zagel 21 The ‘object and purpose’ and incrementalism of investment treaties: can international investment law reinvent its identity? 379 Güneş Ünüvar Index
£130.00
Edward Elgar Publishing Ltd European Rules of Civil Procedure: A Commentary
Book SynopsisEuropean Rules of Civil Procedure sets out a clear examination of the Rules adopted by UNDROIT and the European Law Institute in 2020. Presented within a systematic structure to aid enhanced academic understanding, it precisely showcases the comparative knowledge of its authors.Key Features: Provides rule-by-rule explanations of the ELI-UNDROIT Model European Rules of Civil Procedure Encompasses insight from a diverse international team of authors including members of the ELI/UNIDROIT project Offers commentary on all rules of the ERCP, surveying their meaning and application as well as their collective history This in-depth Commentary will be essential for academics of European, private, corporate and commercial law disciplines wishing to sharpen their knowledge of comparative civil procedure. It will additionally benefit policy makers and practitioners with an interest in using the model rules to provide a framework for national legislation.Trade Review‘The European Rules of Civil Procedure are the outstanding product of years of work by the continent's most prominent proceduralists. Ideally these Rules will be adopted all across Europe. This book – written by many of the leading lights of the project – should be invaluable as this process of procedural integration moves forward. The new Rules provide a watershed, and this book provides an essential guide to this new regime.’ -- Richard Marcus, UC Law San Francisco, USTable of ContentsContents: Foreword xxxix Table of cases xli Table of legislation xlvii PART I GENERAL PROVISIONS 1 (Rule 1) Introduction 2 Fernando Gascón Inchausti, Vincent Smith and Astrid Stadler 2 (Rules 2–8) General Principles: Co-operation and proportionality 11 Loïc Cadiet and Soraya Amrani-Mekki 3 (Rules 21–28) General Principles: Party disposition and principle of party presentation 35 Loïc Cadiet and Soraya Amrani-Mekki 4 (Rules 11–18) General Principles: Rights of parties 61 Alexander Bruns 5 (Rules 19–20, 82, 113, 116) General Principles: Languages, interpretation and translation 79 Matthias Weller 6 (Rules 9–10, 141) Facilitating ADR and settlements: an extension of the co-operation principle 94 Laura Ervo PART II PARTIES 7 (Rules 29–46) Parties to the proceedings 109 Christoph Althammer PART III CASE MANAGEMENT 8 (Rules 47–50) Case management 156 Stefan Huber PART IV COMMENCEMENT OF PROCEEDINGS 9 (Rules 51–60) Procedural steps and contents of initial documents 180 Elena D’Alessandro 10 (Rules 142–146) Effects of proceedings once commenced – lis pendens 200 Eva Lein PART V SERVICE AND NOTICE OF PROCEEDINGS (ERCP PART VI) 11 (Rules 68–86, 134) Service and notice of proceedings 219 Dimitrios Tsikrikas and Wendy Kennett PART VI ACCESS TO INFORMATION AND EVIDENCE (ERCP PART VII) 12 (Rules 87–110, 128–129) General and procedural issues 252 Astrid Stadler and Magne Strandberg 13 (Rules 111–124, 126–127) Types of evidence 307 Michael Stürner PART VII PROCEEDINGS PREPARATORY TO A FINAL HEARING (ERCP PART V) 14 (Rules 61–67) Proceedings before a final hearing and final hearing 338 Enrique Vallines García PART VIII JUDGMENTS, RES JUDICATA AND LIS PENDENS 15 (Rules 130–133, 135–140) General rules on judgments 380 Christoph A Kern 16 (Rules 147–152) Effect of judgments – res judicata 419 Alexander Bruns PART IX MEANS OF REVIEW 17 (Rules 153–183) Means of review and appeal 433 John Sorabji PART X PROVISIONAL AND PROTECTIVE MEASURES 18 (Rules 184–203) Provisional and protective measures 492 Torbjörn Andersson PART XI COLLECTIVE PROCEEDINGS 19 (Rules 204–220, 227–228, 233–236) Collective proceedings 545 Jorg Sladič 20 (Rules 221–226, 229–232) Collective settlements 604 Fernando Gascón Inchausti PART XII COSTS AND FUNDING 21 (Rules 237–245, 125) Costs and funding 632 Vincent Smith Index 671
£265.00
Edward Elgar Publishing Ltd Research Handbook on International Claims
Book SynopsisInternational claims commissions (ICCs) are unique dispute resolution mechanisms designed to be highly flexible and responsive to international crises. This timely Research Handbook explores the history of ICCs, how and why states create them, and the role of states and secretariats within them. Written by accomplished experts and past claims commission members to present a unique perspective on ICCs, this Research Handbook analyses past claims commissions including the Iran–US Claims Tribunal, the UN Compensation Commission, the Eritrea–Ethiopia Claims Commission and the Commission for Real Property Claims in Bosnia. Providing a comprehensive review of institutional design issues, this Handbook examines the challenges associated with mass claims processes, diplomatic protection, domestic liability, and enforcement as well as how to address them. Looking ahead to the future, the contributing authors propose innovative ways in which claims commissions could be used to address contemporary challenges such as the Russian invasion of Ukraine, the construction of the wall in Occupied Palestinian Territory, climate change and environmental law disputes. This thought-provoking Research Handbook will be a fundamental research resource for scholars and students of public international law and international dispute resolution. It will also provide practical advice for international arbitration experts, policy makers, and officials in international organisations.Trade Review‘International claims commissions rank among the most important and effective, but least well-understood, international dispute resolution mechanisms. They vary widely across history, based on political context, practical necessities, and compensatory needs of the claimant populations. This comprehensive and useful Research Handbook, authored by knowledgeable authors and edited by a trio of talented expert practitioners, assesses past claims commissions in search of specific institutional features that will aid future policymakers to design the right commission for the next global crisis.’ -- Harold Hongju Koh, Yale Law School, US‘International claims entailing widespread losses (such as from armed conflict) are a poor fit for traditional international tribunals, which struggle to provide cost-effective and expeditious remedies. The Research Handbook on International Claims Commissions explains how mass-claims programs have emerged as an important alternative, carefully probing their salient characteristics and thoughtfully postulating their future.’ -- Sean D. Murphy, George Washington University Law School, US‘As a veteran of international claims commissions, I know that good resources are limited. The editors of this new book have collected the right contributors, and organized the material in the right way, to maximize “Learning from the Past, Looking at the Future.” When the next claims commission comes about, this book will be a godsend.’ -- Lucy Reed, Arbitration Chambers, USTable of ContentsContents: Preface 1 International claims commissions: learning from the past, looking at the future Chiara Giorgetti, Patrick W. Pearsall and Hélène Ruiz-Fabri 1 PART I CLAIMS COMMISSIONS IN CONTEXT 2 Historical overview of international claims commissions 17 Makane Moïse Mbengue 3 The US–Mexico Mixed Claims Commissions 55 Frédéric Mégret and Nicole Maylor 4 The Iran–US Claims Tribunal 75 Bruno Simma and Jan Ortgies 5 The United Nations Compensation Commission 90 Norbert Wühler 6 The first mass settlement of real property claims: the CRPC for Bosnia 113 Hans van Houtte 7 The Eritrea–Ethiopia Claims Commission 127 Namira Negm PART II CLAIMS COMMISSIONS AS DISPUTE RESOLUTION TOOLS 8 Institutional design: how states create claims commissions and why 150 Timothy J. Feighery and Jason Rotstein 9 The multiple roles of States in international claims commissions 176 Jeremy K. Sharpe 10 The role of secretariats 200 Dirk Pulkowski and Scott Falls 11 Mass claims processes: institutional design issues 222 John R. Crook 12 Sovereign authority to establish international claims commissions: issues related to international legal personality, diplomatic protection, and domestic liability 239 Lee M. Caplan and Yateesh Begoorevii 13 Procedural issues: remedies and enforcement—ensuring the effective enforcement of mass claims 257 Aloysius P. Llamzon and Diana A. A. Reisman PART III CLAIMS COMMISSIONS FOR THE NEXT CENTURY 14 The United Nations Register of Damage Caused by the Construction of the Wall in the Occupied Palestinian Territory 277 Ronald J. Bettauer 15 Creating an international compensation mechanism for Ukraine 292 Chiara Giorgetti and Patrick W. Pearsall 16 Claims commissions and the resolution of international environmental law disputes 309 Natalie Klein 17 Claims commissions and investment obligations 330 Angeline Welsh Index 340
£195.00
Edward Elgar Publishing Ltd Jurisdiction, Recognition and Enforcement in
Book SynopsisThis authoritative Commentary on the recast Regulation 2019/1111 on matters of matrimonial and parental responsibility presents a deep analysis of the Regulation and is authored by leading experts in family law and private international law.Employing a granular, article-by-article approach, the Commentary acts as a detailed reference point on the uniform jurisdiction rules for divorce, legal separation and marriage annulment, as well as for disputes over parental responsibility with an international element, including child abduction. It provides clear guidance on and interpretation of the jurisdictional rules on collaboration of authorities and on the recognition and execution of judicial verdicts.Key Features: Provides comprehensive article-by-article analysis Written by leading experts Explains the mechanics of Regulation 2019/1111 to practitioners and legal scholars alike Includes expansive reference to case-law and legal writings, and explains the relation with other EU regulations This meticulous and ambitious Commentary will be an indispensable companion for those involved in and practising family law, particularly in cases with a cross-border element, including judges, lawyers and child protection authorities. It will additionally be valuable for scholars of European family law and private international law. Table of ContentsContents: General introduction 1 Cristina González Beilfuss and Thalia Kruger INTRODUCTION TO CHAPTER I SCOPE AND DEFINITIONS Cristina González Beilfuss 1 Scope 10 Cristina González Beilfuss 2 Definitions 28 Cristina González Beilfuss INTRODUCTION TO CHAPTER II ‘JURISDICTION IN MATRIMONIAL MATTERS AND IN MATTERS OF PARENTAL RESPONSIBILITY’ Laura Carpaneto and Mirela Župan 3 General jurisdiction 59 Mirela Župan 4 Counterclaim 75 Mirela Župan 5 Conversion of legal separation to divorce 79 Mirela Župan 6 Residual jurisdiction 82 Mirela Župan 7 General jurisdiction 89 Cristina González Beilfuss 8 Continuing jurisdiction in relation to access rights 101 Cristina González Beilfuss 9 Jurisdiction in cases of the wrongful removal or retention of a child 106 Thalia Kruger 10 Choice of court 114 Cristina González Beilfuss 11 Jurisdiction based on the presence of the child 126 Laura Carpaneto 12 Transfer of jurisdiction to a court of another Member State 136 Mirela Župan 13 Request for transfer of jurisdiction by a court of a Member State not having jurisdiction 152 Mirela Župan 14 Residual jurisdiction 156 Cristina González Beilfuss 15 Provisional, including protective, measures in urgent cases 162 Ilaria Pretelli 16 Incidental question 177 Cristina González Beilfuss 17 Seising of a court 183 Mirela Župan 18 Examination as to jurisdiction 193 Mirela Župan 19 Examination as to admissibility 200 Mirela Župan 20 Lis pendens and dependent actions 207 Mirela Župan 21 Right of the child to express his or her views 221 Laura Carpaneto INTRODUCTION TO CHAPTER III ‘INTERNATIONAL CHILD ABDUCTION’ Thalia Kruger 22 Return of the child under the 1980 Hague Convention 246 Thalia Kruger 23 Receipt and processing of applications by Central Authorities 248 Thalia Kruger 24 Expeditious court proceedings 251 Thalia Kruger 25 Alternative dispute resolution 257 Thalia Kruger 26 Right of the child to express his or her views in return proceedings 268 Laura Carpaneto 27 Procedure for the return of a child 275 Thalia Kruger 28 Enforcement of decisions ordering the return of a child 288 Thalia Kruger 29 Procedure following a refusal to return the child under point (b) of Article 13(1) and Article 13(2) of the 1980 Hague Convention 292 Thalia Kruger INTRODUCTION TO CHAPTER IV ‘RECOGNITION AND ENFORCEMENT’ Ilaria Pretelli 30 Recognition of a decision 317 Ilaria Pretelli 31 Documents to be produced for recognition 331 Ilaria Pretelli 32 Absence of documents 337 Ilaria Pretelli 33 Stay of proceedings 340 Ilaria Pretelli 34 Enforceable decisions 342 Ilaria Pretelli 35 Documents to be produced for enforcement 347 Ilaria Pretelli 36 Issuance of the certificate 352 Ilaria Pretelli 37 Rectification of the certificate 355 Ilaria Pretelli 38 Grounds for refusal of recognition of decisions in matrimonial matters 358 Ilaria Pretelli 39 Grounds for refusal of recognition of decisions in matters of parental responsibility 384 Ilaria Pretelli 40 Procedure for refusal of recognition 402 Ilaria Pretelli 41 Grounds for refusal of enforcement of decisions in matters of parental responsibility 404 Ilaria Pretelli 42 Scope 406 Thalia Kruger 43 Recognition 410 Thalia Kruger 44 Stay of proceedings 413 Thalia Kruger 45 Enforceable decisions 416 Thalia Kruger 46 Documents to be produced for enforcement 421 Thalia Kruger 47 Issuance of the certificate 425 Thalia Kruger 48 Rectification and withdrawal of the certificate 431 Thalia Kruger 49 Certificate on lack or limitation of enforceability 434 Thalia Kruger 50 Irreconcilable decisions 437 Thalia Kruger 51 Enforcement procedure 440 Cristina González Beilfuss 52 Authorities competent for enforcement 447 Cristina González Beilfuss 53 Partial enforcement 448 Cristina González Beilfuss 54 Arrangements for the exercise of rights of access 451 Cristina González Beilfuss 55 Service of certificate and decision 456 Cristina González Beilfuss 56 Suspension and refusal 462 Cristina González Beilfuss 57 Grounds for suspension or refusal of enforcement under national law 469 Cristina González Beilfuss 58 Jurisdiction of authorities or courts competent for refusal of enforcement 472 Cristina González Beilfuss 59 Application for refusal of enforcement 474 Cristina González Beilfuss 60 Expeditious procedures 477 Cristina González Beilfuss 61 Challenge or appeal 479 Cristina González Beilfuss 62 Further challenge or appeal 481 Cristina González Beilfuss 63 Stay of proceedings 482 Cristina González Beilfuss 64 Scope 485 Cristina González Beilfuss 65 Recognition of authentic instruments and agreements 489 Cristina González Beilfuss 66 Certificate 492 Cristina González Beilfuss 67 Rectification and withdrawal of the certificate 495 Cristina González Beilfuss 68 Grounds for refusal of recognition or enforcement 497 Cristina González Beilfuss 69 Prohibition of review of jurisdiction of the court of origin 501 Mirela Župan 70 Differences in applicable law 506 Laura Carpaneto 71 Non-review as to substance 511 Ilaria Pretelli 72 Appeal in certain Member States 514 Ilaria Pretelli 73 Costs 516 Ilaria Pretelli 74 Legal aid 518 Ilaria Pretelli 75 Security, bond or deposit 522 Ilaria Pretelli 76 Designation of Central Authorities 525 Mirela Župan INTRODUCTION TO CHAPTER V ‘COOPERATION IN MATTERS OF PARENTAL RESPONSIBILITY’ Mirela Župan 77 General tasks of Central Authorities 540 Mirela Župan 78 Requests through Central Authorities 547 Mirela Župan 79 Specific tasks of requested Central Authorities 553 Mirela Župan 80 Cooperation on collecting and exchanging information relevant in procedures in matters of parental responsibility 562 Mirela Župan 81 Implementation of decisions in matters of parental responsibility in another Member State 568 Mirela Župan 82 Placement of a child in another Member State 571 Laura Carpaneto 83 Costs of Central Authorities 589 Laura Carpaneto 84 Meetings of Central Authorities 593 Laura Carpaneto INTRODUCTION TO CHAPTER VI ‘GENERAL PROVISIONS’ Laura Carpaneto and Mirela Župan 85 Scope 602 Mirela Župan 86 Cooperation and communication between courts 603 Mirela Župan 87 Collection and transmission of information 612 Mirela Župan 88 Notification of the data subject 619 Mirela Župan 89 Non-disclosure of information 625 Mirela Župan 90 Legislation or other similar formality 629 Thalia Kruger 91 Languages 633 Ilaria Pretelli INTRODUCTION TO CHAPTER VII ‘DELEGATED ACTS’ Laura Carpaneto 92 Amendments to the Annexes 643 Laura Carpaneto 93 Exercise of the delegation 646 Laura Carpaneto INTRODUCTION TO CHAPTER VIII ‘RELATIONS WITH OTHER INSTRUMENTS’ Laura Carpaneto650 94 Relations with other instruments 655 Laura Carpaneto 95 Relations with certain multilateral conventions 663 Laura Carpaneto 96 Relation with the 1980 Hague Convention 667 Laura Carpaneto 97 Scope of effect 671 Relation with the Hague Convention 98 Scope of effect 684 Laura Carpaneto 99 Treaties with the Holy See 687 Laura Carpaneto INTRODUCTION TO CHAPTER IX ‘FINAL PROVISIONS’ Cristina González Beilfuss 100 Transitional provisions 693 Thalia Kruger 101 Monitoring and evaluation 696 Ilaria Pretelli 102 Member States with two or more legal systems 700 Ilaria Pretelli 103 Scope 702 Thalia Kruger 104 Repeal 708 Thalia Kruger 105 Entry into force 710 Thalia Kruger
£255.00
De Gruyter Neue Fragen des deutschen und internationalen Insolvenzrechts: Insolvenzrechtliches Symposium der Hanns-Martin Schleyer-Stiftung in Kiel 10./11. Juni 2005
Book SynopsisThe insolvency law is one of the core components of the comprehensive body of legislation that ensures the confidence of the legal community in a legal system. It regulates the conditions of widespread debtor liability and at the same time defines the framework within which creditors can expect their rights to be preserved through a reorganization and recapitalization of the indebted company. The actual effect of the insolvency law does not end at a country's borders. Insolvency proceedings are structured according to the right to have universally applicable validity. Joint legislation on cross-border insolvency proceedings is now in effect in the form of intrastate legislation in almost all member states of the European Union. This shared European legislation is impacting intrastate reform processes and influencing the insolvency legislation. Furthermore, the intrastate legislation is being influenced by the UNCITRAL-Model law. Academic debate is increasingly concerned with the convergence movement that has been triggered as a result. Practical applications require legal dogmatic clarification of the increasingly complex regulations of insolvency legislation, and information on structures and problems of foreign European and extra-European insolvency laws, as well as and in particular with regard to its interaction with German laws. The DZWIR publication series is a forum of these discussions. It is being published as a series of monographic examinations of fundamental questions on German, European and international insolvency legislation. As such, this series contributes to the legal dogmatic clarification of disputes as well as to the promotion of European integration of national insolvency legislation.Table of ContentsUwe Döring: Grußwort · Joachim Jickeli: Grußwort Stefan Smid : Die Instrumentarien des Insolvenzrechts und die Bewältigung sozio-ökonomischer Krisen– Zugleich Bemerkungen zum Insolvenzrecht als Instrument des Schutzes der Freiheitsrechte der Verfahrensbeteiligten · Klaus Wimmer: Die Entschuldung völlig mittelloser Personen · Klaus Pannen: Bankenkrise: Insolvenz, Reorganisation und Sanierung - Einführung in die rechtlichen Grundlagen · Rolf Rattunde: Sanierung und Reorganisation von Großunternehmen in der insolvenzrechtlichen Praxis · Silke Wehdeking: Eigenverwaltung des Insolvenzschuldners als Regelinsolvenzverfahren, Insolvenzbeschlag des schuldnerischen Vermögens und Insolvenzplan - Thesen · Thomas Rühle: Die Sanierungsfunktion des § 103 InsO · Herbert Karner und Bodo Kipper: Probleme bei der Verwertung in Deutschland– Was kann man verwerten und wie? · Wilhelm Wessel: Podiumsdiskussion „Bietet das deutsche Insolvenzrecht geeignete Instrumentarien zur Sanierung krisenbefallener Unternehmensträger?“ · Andreas Konecny: Probleme grenzüberschreitender Insolvenzen · Katrin Lindenberg: Die Europäische Insolvenzverordnung aus schwedischer Sicht · Solveig Lieder: Grundzüge des neuen spanischen Insolvenzrechts
£95.00
Oxford University Press The Settlement of Disputes in International Law Institutions and Procedures Paperback
Book SynopsisFor many years it was said that the weakness of international law was the lack of a system for the enforcement of legal obligations. Commentators pointed to the paucity of cases in the International Court and the unwillingness of States to undertake binding obligations to settle their disputes. This position has now changed beyond recognition. The number of international tribunals has increased and many of them, such as ICSID and the International Court of Justice, are busier than at any time in their history. Increasingly, the classical procedures of diplomatic protection are circumvented as corporations and individuals litigate in their own right against States in international tribunals. This book surveys the range of procedures for the settlement of international disputes, whether the disputes arise between States or between States and corporations or individuals. The first part of the book examines non-judicial procedures such as negotiation, mediation, fact-finding, as well as juTrade ReviewThis book has, according to the authors, 'the modest aim of introducing readers to some of the main processes for the settlement of international disputes'. It does so admirably. * Matthew Happold, NLR 2000. *The chapter on the International Court of Justice ... is extremely thorough ... it provides the best introduction to the Court that this reviewer knows of an the comprehensive footnotes go to to point the way to further reading on the subject. * Matthew Happold, NLR 2000. *a useful introduction to procedural issues in arbitrations ... this is a thorough and comprehensive work, covering much ground in a very clear manner. It is particularly well footnoted, something of especial importance, in this reviewer's opinion, in an introductory work. In this reviewer's mind it is much the best introductory work on the subject ... it seems likely that it will become I^the textbook for courses on international litigation and the settlement of international disputes. * Matthew Happold, NLR 2000. *a valuable addition to the literature on dispute settlement ... will appeal to ... students of international law and international relations, and practitioners seeking easily accessible information about the role and function of the various means of dispute resolution. * Christian Tams, European Journal of International Law Vol 11 No 3 2000 *Table of ContentsPART I: INSTITUTIONS; PART II: PROCEDURE; ANNEXES
£99.75
Oxford University Press International Organizations as Lawmakers
Book SynopsisInternational Organizations as Law-makers addresses how international organizations with a global reach, such as the UN and the WTO, have changed the mechanisms and reasoning behind the making, implementation, and enforcement of international law. Alvarez argues that existing descriptions of international law and international organizations do not do justice to the complex changes resulting from the increased importance of these institutions after World War II, and especially from changes after the end of the Cold War. In particular, this book examines the impact of the institutions on international law through the day to day application and interpretation of institutional law, the making of multilateral treaties, and the decisions of a proliferating number of institutionalized dispute settlers. The introductory chapters synthesize and challenge the existing descriptions and theoretical frameworks for addressing international organizations. Part I re-examines the law resulting from theTrade ReviewJose Alvarez is a rare bird in the scholarly aviary of international organization: he moves effortlessly between politics and the law. International Organizations as Law-makers is authoritative but easy to read, an exceptional text for courses in international relations as well as international law. * Thomas G. Weiss, Presidential Professor and Director, Ralph Bunche Institute for International Studies, The CUNY Graduate Center *As an authoritative observer of the prominent role played by international institutions in the global arena ,Professor Alvarez has undertaken a challenging task:fully taking account of the specific tasks and features of the individual organizations which now operate in all major areas of human endeavor ,he has distilled principles and procedures common to their law-making and dispute-settlement activities.With proper attention to history,theory,doctrine and practice,the book should become a standard item on reading lists not only for specialized courses on international institutional law but on general international law as well,given the impact of these institutions on traditional doctrine. * Eric Stein, Hessel E.Yntema Professor of Law Emeritus, University of Michigan *José Alvarez has written a tour de force that will endure for years to come as the definitive treatise on law-making, in all its forms, by international organizations. He has combined theory with a solid grasp of organizations' practice as he explains and analyzes the law-making activities of such disparate organizations as the United Nations, its many specialized agencies and the World Trade Organization, including judicial and "judicialized" bodies that exercise jurisdiction and make law across a broad subject-matter spectrum. Anyone with an interest in international law and organizations will do well to read this book and keep it handy on a nearby reference shelf. * Frederic L. Kirgis, Washington and Lee University School of Law *The world is increasingly dense with international organizations, yet they receive surprisingly little attention from international lawyers. Arguing that we are in "the age of IOs," Jose Alvarez offers a comprehensive treatment of the topic that skillfully melds theory, practice, and history. Deftly weaving together insights and evidence from both international law and international relations, International Organizations as Law-Makers provides one-stop shopping for anyone interested in the past, present, and future of international organizations. * Professor Kal Raustiala, UCLA Law School *Table of ContentsPART I: INTERNATIONAL INSTITUTIONAL LAW: SELECTED ISSUES; PART II: MULTILATERAL TREATY- MAKING; PART III: INSTITUTIONALIZED DISPUTE SETTLEMENT
£70.30
Oxford University Press The Riddle of All Constitutions International Law Democracy and the Critique of Ideology
Book SynopsisThe promotion of democracy is today a familiar feature of foreign policy, and an accepted part of the activities of international organizations. Should international law join in this move to promote democratic political arrangements? If so, on what basis, and with which of the many competing conceptions of democracy? Drawing on an eclectic range of source material, the author examines current debates about the emergence of an international legal ''norm of democratic governance'', and considers how proposals for such a norm might be rearticulated to meet some of the concerns to which they give rise. She also uses these debates to illustrate some more general points about approaches to the study of international law. In doing so, she seeks to defend an approach to international legal scholarship that takes its cue from the tradition of ideology critique.Trade ReviewReview from previous edition Susan Marks has written a brilliantly provocative and sophisticated book giving a strikingly original and far-reaching slant to her analysis. The Riddle of All Constitutions provides an excellent critique of mainstream proposals about how to bring the pursuit of democracy into the thinking and interpretations of international law. * The American Journal of International Law Vol. 96, No. 1, January 2002 *The particular virtue of this text is that it grapples with the question of the ultimate purpose of international law. ... Susan Marks ... has produced a clear, well argued text that draws upon a wide range of sources; this is a volume that deserves to attract a wide audience. ... those students fearing an examination question on the meaning and purpose of international law will be in a better position if they have spent some time reading this thought-provoking work. ... All can benefit from reading this timely and stimulating text. * Law Update 2001 *Susan Marks presents a trenchant review of the arguments concerning the emergence of a "norm of democratic governance"...Marks' critique of contemporary writing is exceptionally clear and elegant...it is a sheer delight to read the work of a scholar who approaches her material with humility and a simple determination to engage with it and with her readers. For that alone this book would deserve the highest praise, as a substantial and significant contribution to the contemporary debate. But it also makes a substantial contribution to the literature...there can be no doubt that this book has moved the debate along considerably, and in great style. * Vaughan Lowe, Journal of Law and Society Vol. 27, No.4, 2000. *Table of ContentsIntroduction ; 1. Preface to a Critique of International Legal Ideology ; 2. International Law and the 'Liberal Revolution' ; 3. Limits of the Liberal Revolution I. Low Intensity Democracy ; 4. Limits of the Liberal Revolution II: Pan-National Democracy ; 5. International Law and the Project of Cosmopolitan Democracy ; 6. Afterword: Critical Knowledge
£51.30
Oxford University Press, USA The Development of International Law by the International Court of Justice
Book SynopsisThis book traces the impact that the International Court of Justice (ICJ), the principal judicial organ of the United Nations, has had on various areas of international law. A number of prominent international experts examine whether, and to what extent, international law has been shaped by the Court''s jurisprudence. The informal development of international law through the Court''s judgments contrasts with the development of international law through more deliberate means, such as treaty-making. Assessing key areas of international law over which the ICJ has exercised its jurisdiction, such as international environmental law, international human rights, the law of the sea, and the law of immunities, this book comprehensively details the impact of international jurisprudence on contemporary international law. Continuing the work started by Sir Hersch Lauterpacht''s influential book The Development of International Law by the Permanent Court of International Justice, this book provides key new insights into the role of the Court in wider international law. It makes required reading for anyone studying the ways in which international courts have in shaped the evolution of international law.Trade ReviewBrings to light the judicial influence of the International Court of Justice on the development of international law...the findings will surely be important outside academic circles as well as inside them. Laurence Boisson de Chazournes, The American Journal of International Law The two editors and their collaborating authors, in conjunction with OUP, have succeeded in producing a book that is as up-to-date with the Court's decisions so far as is ever possible ... This collection is highly recommended reading, and not merely for those whose interest is concentrated on the ICJ; it will provide generalists also with a vivid tour d'horizon of current movements in international law from the viewpoint of The Hague. Hugh Thirlway, The British Yearbook of International LawTable of Contents1. Introduction ; 2. The ICJ as an Agent of Legal Development? ; 3. The ICJ and the Law of Treaties ; 4. The ICJ and the Law of State Responsibility ; 5. The ICJ and Diplomatic Protection ; 6. The ICJ and the Institutional Law of the United Nations ; 7. The ICJ and the Law of Territory ; 8. The ICJ and the Jus ad Bellum ; 9. The ICJ and the Law of the Sea ; 10. The ICJ and Human Rights ; 11. The ICJ and International Humanitarian Law ; 12. The ICJ and International Environmental Law ; 13. The ICJ and Rights of Peoples and Minorities ; 14. The ICJ and the Law of Immunities ; 15. The Development of International Law by the International Court of Justice Revisiting Hersch Lauterpacht's Assumptions
£130.62
Oxford University Press, USA Disobeying the Security Council Countermeasures Against Wrongful Sanctions Oxford Monographs In International Law
Book SynopsisIn the last few years, the Security Council has imposed highly controversial sanctions on both individuals and States, some of which can be considered to violate international law. This book argues that the law of international responsibility allows States to disobey these obligations when they would result in a serious violation of human rights.Trade ReviewThis monograph is one of the first to systematically address an increasingly important problem, namely the reaction to excesses of power, or unlawful acts, of the Security Council...By its subject, and the way it goes about addressing it, this book is solidly devoted to these increasingly pressing questions. The author demonstrates several qualities: expertise...; a distinctive subtlety and a capacity to sustain a powerful argument; a remarkable knowledge of general international law which underlies and visibly strengthens the argument; a concentration on the essential questions only [and] a palpable mastery of the subject ... . In sum, Dr Tzanakopoulos offers us an image of a next generation of international lawyers of which we can be proud. * Robert Kolb, Professeur de droit international public à l'Université de Genève, Journal du Droit International *Disobeying the Security Council is to be recommended as an important work of scholarship. It displays a richness of argument backed by a depth of research. It repays careful reading and will, without doubt, spark debate and sharpen views on the subjects which it treats. * Matthew Happold, British Yearbook of International Law *[T]he work is highly creative and reveals remarkable intellectual discipline and technical accomplishment. It constitutes a valuable contribution to the debate about the nature of the Security Council's powers and exposes once again the limits of the international legal order in constraining the exercise of public power by international organisations. * Erika de Wet, Professor of International Constitutional Law, University of Amsterdam and Co-Director of the Institute for International and Comparative Law in Africa, University of Pretoria *I am happy to recommend Disobeying the Security Council. It is a substantial achievement. It repays careful reading and will without a doubt spark debate. It has certainly sharpened my view on the subjects of which it treats. * Matthew Happold, Professor of Public International Law at the University of Luxembourg *Antonios Tzanakopoulos has written a powerful book in Disobeying the Security Council. It is a rich - at times very rich - piece of scholarship... * Marko Milanovic, Edinburgh Law Review *...the book is a thoughtful study of topical and important issues surrounding the responsibility of the UN and international organizations in general...Scholars and practitioners in international law and relations will benefit handsomely from reading this book. * Sienho Yee, Wuhan University Institute of International Law, Chinese Journal of International Law *[The author] has a rigorous and logical way of formatting legal arguments in the debate. This work is certainly a necessary item on the shelf of every specialist dealing with issues of international responsibility. * PAÑSTWO i PRAWO (State and Law) *Irrespective of the interest it sparks of its own accord, Antonio Tzanakopoulos' book undeniably comes at the right moment. * Frédéric Dopagne, Netherlands International Law Review *While the book is well written and structured, the sheer density of argument, the wealth of research, and the depth of thought make it a very rewarding yet equally challenging read. * Thomas Lieflaender, Leiden Journal of International Law *Antonios Tzanakopoulos's argument is supported by numerous references, both classical and contemporary, which make up a wide panorama of the current state of research. . . Always, the position set out by the author enriches the debate over the question of the legality of the control of the Council, at a moment when it is multiplying the sanctions which are targeted and when its role as "World legislator" is criticised. * Annuaire français de droit international 01/02/2012 *Table of ContentsI THE ENGAGEMENT OF RESPONSIBILITY; II THE DETERMINATION OF RESPONSIBILITY; III THE CONSEQUENCES OF RESPONSIBILITY
£37.99
Oxford University Press JURISDICTION INTERNATIONAL LAW 2E OMIL C Oxford Monographs in International Law
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Cambridge University Press Dispute Settlement Reports 2008
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Cambridge University Press Dispute Settlement Reports 2007 Volume 6 Pages 21492700
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