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
£80.00
Cambridge University Press Dispute Settlement Reports 2012 Volume 3 Pages 12491834 World Trade Organization Dispute Settlement Reports
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£128.25
Cambridge University Press Dispute Settlement Reports 2012 Volume 5 Pages 24472742
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£128.25
Intersentia Ltd The African Continental Free Trade Area and the
Book SynopsisThe African Continental Free Trade Area (AfCFTA) Agreement is at the forefront of current African business, trade and legal discussions. The future of African development, on a continental level, is largely tied to the success or failure of this agreement. One of the primary concerns of legal professionals and the international business community is the dispute settlement mechanism that will be built into the agreement. African nations are also acutely aware of the importance of developing a dispute settlement system that strikes the right balance between the interests of international investors and the needs of local populations. However, to date, there has been very little published on this topic as it pertains to the AfCFTA. While several articles look at individual components of the complex topic of African dispute settlement, there are few publications that bring together the various aspects. Individuals shaping this discussion, particularly the legal practitioners working to influence the conversation on how disputes should be carried out under the agreement, will benefit from the comprehensive look provided within the book. Not only does the author provide sound foundational knowledge as to the current landscape of dispute settlement on the continent, but he also presents a clear path forward for the negotiation of the dispute settlement provision of the AfCFTA. The book begins by providing an overview of the current laws governing investment in Africa and the existing forums for resolving disputes over investments. Next, it explores the existing dispute settlement mechanisms that are currently being used on the continent, as well as current trends around the world. Finally, the book presents the author?s position that, taking into consideration these aspects of dispute settlement, Africa needs a continental court with clearly defined rules and procedures that protect the sovereignty of African nations while continuing to attract much-needed foreign investment. With its historical context and comprehensive overview of still existing, relevant regional bodies and processes, The African Continental Free Trade Area and the Future of Investor-State Dispute Settlement in Africa is an excellent resource for scholars and practitioners around the world, international investors, as well as African-based legal practitioners and government officials on the continent. It also serves as a guide for those at the centre of this conversation and will influence the decisions made as the agreement is further developed. Mouhamed Kebe is an attorney and the Managing Partner of GENI & KEBE, a full services law firm member of DLA Piper Africa, based in Senegal and Ivory Coast, with affiliate offices across several jurisdictions mainly in the Organization for the Harmonisation of Business Law in Africa (OHADA) region (Benin, Burkina Faso, Cameroon, Chad, Gabon, Guinea, Mali, Mauritania, Niger, Togo). He is a member of the Senegalese Bar and the Ivorian Bar and is top-ranked in Chambers Global, the International Finance Law Review and Who?s Who Legal Mining. He is also a member of the Court of Arbitration of the ICC, a member of the panel of arbitrators of the Common Court of Justice and Arbitration of the OHADA and a member of the panel of arbitrators of the China International Economic and Trade Arbitration Commission (CIETAC).
£999.99
Cambridge University Press International Law Reports
Book SynopsisThe International Law Reports is the only publication in the world wholly devoted to the regular and systematic reporting in English of decisions of international courts and arbitrators as well as judgments of national courts. Among the cases reported in Volume 117 is the ICJ 1998 ruling on preliminary objections in the Lockerbie decision relating to the trial before a Scottish court in the Netherlands, along with additional materials. Six leading cases of the ECJ concerning the implementation of United Nations sanctions are also reported. In addition the United Nations Compensation Commission Egyptian Workers'' Claims case, and the Sandline and Papua New Guinea 1998 arbitration under the UNCITRAL rules are reported. M/V Saiga (No 2) in 1998 and the Southern Bluefin Tuna Cases provisional measures rulings in 1999 from the International Tribunal for the Law of Sea are also included. Lastly, the volume contains Australia/New Zealand immigration cases.Table of Contents1. Case concerning Questions of Interpretation and Application of the 1971 Montreal Convention arising from the Aerial Incident at Lockerbie (Libyan Arab Jamahiriya v. United Kingdom) [International Court of Justice] 27/2/98 (preliminary objections); 2. M/V Saiga (No 2) (Saint Vincent and the Grenadines v. Guinea) (Request for Provisional Measures) [International Tribunal for the Law of the Sea] 11/3/98 (provisional measures); 3. Southern Bluefin Tuna Cases (New Zealand v. Japan) (Australia v. Japan) (Request for Provisional Measures) [International Tribunal for the Law of the Sea] 27/8/99 (provisional measures); 4. Egyptian Workers' Claims (Jurisdictional and Merits Phases) [United Nations Compensation Commission] 7/7/95 (jurisdiction phase) 9/7/97 (merits phase); 5. Bosphorus Hava Yollari Turizm Ve Ticaret As v. Minister for Transport, Energy and Communications, Ireland and the Attorney-General (Case C-84/95) [Court of Justice of the European Communities] 30/7/96; 6. Ebony Maritime SA and Loten Navigation Co. Ltd v. Prefetto della Provincia di Brindisi and Others (Case C-177/95) [Court of Justice of the European Communities] 27/2/97; 7. Belgian State v. Banque Indosuez and Another (Case C-177/96) [Court of Justice of the European Communities] 16/10/97; 8. Dorsch Consult Ingenieurgesellschaft MBH v. Council of the European Union and Commission of the European Communities (Case T-184/95) [Court of First Instance of the European Communities (Second Chamber] 28/4/98; 9. A. Racke GmbH and Co v. Hauptzollamt Mainz (Case C-162/96) [Court of Justice of the European Communities] 16/6/98; 10. Regina v. HM Treasury and the Bank of England, ex parte Centrocom srl (Case C-124/95) [England] [Court of Justice of the European Communities] 6/9/93 (QBDiv) 27/5/94 (CA) 14/1/97 (CJEC); 11. In the Matter of an International Arbitration under the UNCITRAL Rules between Sandline International Inc and the Independent State of Papua New Guinea (Interim Award) [Arbitration Tribunal] 9/10/98; 12. In the Matter of the Commercial Arbitration Act 1990 and In the Matter of an Application pursuant to Section 38 thereof by the Independent State of Papua New Guinea against Sandline International Inc [AUSTRAustraliaALIA] 30/3/99; 13. Minister for Immigration and Ethnic Affairs v. Guo and Another; Minister for Immigration and Ethnic Affairs v. Pan [Australia] 13/6/97; 14. Elika v. Minister of Immigration [New Zealand] 7/12/95; 15. Puliíuvea v. Removal Review Authority [New Zealand] 8/7/96; 16.Rajan v. Minister of Immigration [New Zealand] 30/7/96; Additional Materials: 1. Additional Materials regarding United-States-United Kingdom Arbitration concerning Heathrow Airport User Charges; 2. Additional Materials regarding the Case concerning Questions of Interpretation and Application of the 1971 Montreal Convention arising from the Aerial Incident at Lockerbie (Libyan Arab Jamahiriya v. United Kingdom); Security Council Resolution 1192 (1998); High Court of Justiciary (Proceedings in the Netherlands) (United Nations) Order 1998; Agreement concerning a Scottish Trial in the Netherlands (including Annexes and Exchange of Notes); Presidential Statement; 3. Additional Materials regarding the Egyptian Workers' Claims; Statement of Chief of Legal Service; Governing Council Decision No 43; Statement by President of Governing Council.
£133.00
Cambridge University Press International Law Reports
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£133.00
Cambridge University Press International Law Reports Volume 119
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£126.35
Cambridge University Press International Law Reports
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£136.80
Cambridge University Press Dispute Settlement at the WTO The Developing Country Experience
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£66.50
Cambridge University Press International Law Reports Volume 121
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£143.45
Cambridge University Press International Law Reports Volume 122
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£143.45
Cambridge University Press International Law Reports
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£143.45
Cambridge University Press ICSID Reports
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£285.00
Cambridge University Press ICSID Reports International Convention on the Settlement of Investment Disputes Reports Volume 12
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£301.15
Cambridge University Press ICSID Reports Volume 18
Book SynopsisThe ICSID Reports provide an authoritative published collection of investor-State arbitral awards and decisions rendered under the auspices of the World Bank''s International Centre for Settlement of Investment Disputes (ICSID), pursuant to other bilateral or multilateral investment treaties such as the North American Free Trade Agreement (NAFTA) and the Energy Charter Treaty (ECT) or involving investment contracts entered by States. These decisions, which are fully indexed, make an important contribution to the growing body of jurisprudence on international investment law. The ICSID Reports are an invaluable tool for practitioners, scholars and government lawyers working in the field of public international law, investment treaty arbitration, international commercial arbitration, or advising foreign investors or States. Volume 18 of the ICSID Reports focuses on Defence Arguments in Investment Arbitration, including an opening piece from leading scholar and practitioner Professor Jan PTable of ContentsSempra Energy International v. Argentine Republic (ICSID Case No. ARB/02/16) Summary and digest by Bruno Gelinas-Faucher, University of Cambridge; Award, 28 September 2007, paras. 241–269 and 325–397; Decision on the Argentine Republic's Application for Annulment of the Award, 29 June 2010, paras. 186–219; Continental Casualty Company v. Argentine Republic (ICSID Case No. ARB/03/9); Summary and digest by Jaime Gallego, LALIVE; Award, 5 September 2008, paras. 160–236; Cargill, Incorporated v. United Mexican States (ICSID Case No. ARB(AF)/05/2) Summary and digest by Jana Lamas de Mesa, Uría Menéndez Abogados SLP; Award, 18 September 2008, paras. 379–430; Mobil Investments Canada Inc. and Murphy Oil Corporation v. Government of Canada (ICSID Case No. ARB(AF)/07/4) Summary and digest by David Seidl and Tamara Korešová, Squire Patton Boggs;Decision on Liability and on Principles of Quantum, 22 May 2012, paras. 172–173, 210–265, 284–357 and 367–413; Partial Dissenting Opinion, 17 May 2012, paras. 1–41;Bankswitch Ghana Ltd. (Ghana) v. Republic of Ghana Acting as the Government of Ghana (PCA Case No. 2011-10)Summary and digest by Constantinos Salonidis and Joseph Klingler, Foley Hoag LLP; Award Save as to Costs, 11 April 2014, paras. 11.23–11.34 and 11.71–11.97; Yukos Universal Limited (Isle of Man) v. The Russian Federation (PCA Case No. AA 227); Hulley Enterprises Limited (Cyprus) v. The Russian Federation (PCA Case No. AA 226); Veteran Petroleum Limited (Cyprus) v. The Russian Federation (PCA Case No. AA 228) Summary and digest by Guillaume Croisant, Linklaters LLP;Final Award, 18 July 2014, paras. 1343–1374 and 1401–1447; Von Pezold, Von Pezold, Webber, Von Pezold, Batthyàny, Von Pezold, Von Pezold, Von Pezold and Von Pezold v. Republic of Zimbabwe (ICSID Case No. ARB/10/15); Border Timbers Limited, Border Timbers International (Private) Limited and Hangani Development Co. (Private) Limited v. Republic of Zimbabwe (ICSID Case No. ARB/10/25) Summary and digest by Berk Demirkol, University of Galatasaray; Award, 28 July 2015, paras. 460–468 and 624–668; Quiborax S.A., Non-Metallic Minerals S.A. and Fosk Kaplún v. Plurinational State of Bolivia (ICSID Case No. ARB/06/2) Summary and digest by Oliver Marsden and Yuri Mantilla, Freshfields Bruckhaus Deringer LLP; Award, 16 September 2015, paras. 196–227; General Dynamics United Kingdom Limited (United Kingdom) v. The State of Libya (ICC Case No. 19222/EMT); Summary and digest by Camille Martini, Cleary Gottlieb Steen & Hamilton LLP; Final Award, 5 January 2016, paras. 233–284, 324–333 and 549–560; Philip Morris Brands Sàrl, Philip Morris Products S.A. and Abal Hermanos S.A. v. Oriental Republic of Uruguay (ICSID Case No. ARB/10/7) Summary and digest by Oliver Hailes, University of Cambridge; Award, 8 July 2016, paras. 286–307 and 388–420; Concurring and Dissenting Opinion, 8 July 2016, paras. 136–145 and 181–191; CC/Devas (Mauritius) Ltd., Devas Employees Mauritius Private Limited and Telcom Devas Mauritius Limited v. Republic of India (PCA Case No. 2013-09) Summary and digest by Alexander Ferguson, Queen Mary University of London; Award on Jurisdiction and Merits, 25 July 2016, paras. 211–295 and 413–414; Dissenting Opinion of David R Haigh QC, 25 July 2016, paras. 76–109; Churchill Mining Plc and Planet Mining Pty Ltd v. Republic of Indonesia (ICSID Case No. ARB/12/14 and 12/40) Summary and digest by Eduardo Silva Romero, David L Attanasio, Javier Echeverri Díaz and Ruxandra Esanu, Dechert LLP; Award, 6 December 2016, paras. 487–532; Urbaser S.A. and Consorcio De Aguas Bilbao Bizkaia, Bilbao Biskaia Ur Partzuergoa v. The Argentine Republic (ICSID Case No. ARB/07/26); Summary and digest by Gabriela Álvarez Ávila and Ricardo Mier y Teran Ruesga, Curtis, Mallet-Prevost, Colt & Mosle SC; Award, 8 December 2016, paras. 1143–1155 and 1182–1221; Orascom TMT Investments S.à.r.l. v. Pe
£264.10
Cambridge University Press The WTO AntiDumping Agreement
Book SynopsisA unique article-by-article commentary on the WTO Anti-Dumping Agreement, offering an essential and comprehensive insight into WTO case-law. This commentary is an indispensable reference tool for government officials, practitioners and academics working on anti-dumping issues. The commentary''s structure allows the reader to identify immediately which disputes are relevant for the interpretation of each provision. It offers a clear analysis of the applicable rules and a comprehensive explanation of what, as a result of the WTO case-law, those rules mean. This commentary has been written by practitioners who have all been directly involved in a large number of WTO disputes and who have extensive experience in anti-dumping investigations and in challenging anti-dumping determinations before the WTO and before national courts.Table of ContentsPart I. Introduction; Part II. Article 1 – Principles; Part III. Article 2 – Determination of Dumping; Part IV. Article 3 – Determination of Injury; Part V. Article 4 – Definition of Domestic Industry; Part VI. Article 5- – Initiation and Subsequent Investigation; Part VII. Article 6 – Evidence; Part VIII. Article 7 – Provisional Measures; Part IX. Article 8 – Price Undertakings; Part X. Article 9 – Imposition and Collection of Anti-Dumping Duties; Part XI. Article 10 – Retroactivity; Part XII. Article 11 – Duration and Review of Anti-Dumping Duties and Price Undertakings; Part XIII. Article 12 – Public Notice and Explanation of Determinations; Part XIV. Article 13 – Judicial Review; Part XV. Article 14 – Anti-Dumping Action on Behalf of a Third Country; Part XVI. Article 15 – Developing Country Members; Part XVII. Article 16 – Committee on Anti-Dumping Practices; Part XVIII. Article 17 – Consultation and Dispute Settlement; Part XIX. Article 18 – Final Provisions.
£174.80
Cambridge University Press Wto Agreement on Safeguards and Article XIX of GATT
Book SynopsisDrawing upon Fernando Piérola-Castro''s extensive experience as a WTO practitioner, this book is a comprehensive and up-to-date overview of safeguard measures. With each chapter exploring a different provision of the agreement, it explores the relevant rules and procedures that govern safeguard investigations, the imposition of measures, the question of consultations and rebalancing and the multilateral transparency requirements of notification. Grounded in relevant case law, this book emphasises practice, logistics and risk management. Without focussing on the practice of any particular jurisdiction, it offers a general framework that can be applied to several domestic laws. It is a practical manual with the view of assisting in day-to-day problems in the handling of safeguard matters.Table of Contents1. General provision; 2. Conditions; 3. Investigation; 4. Determination of serious injury or threat of serious injury; 5. Application of safeguard measures; 6. Provisional measures; 7. Duration and review of safeguard measures; 8. Level of concessions and other obligations; 9. Developing country members; 10. Pre-existing article XIX measures; 11. Prohibition and elimination of certain measures; 12. Notification and consultations; 13. Surveillance; 14. Dispute settlement.
£166.25
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
Brill Legal Aspects of the Cyprus Problem: Annan Plan and EU Accession
Book SynopsisThe five versions of the comprehensive settlement plan for Cyprus, which UN Secretary-General Annan tabled between 2002 and 2004, raised a variety of international law and European law questions. This book contains the first systematic analysis of the Annan plan, thereby providing an overview of the legal aspects of the Cyprus problem. It also discusses how the plan was intended to be accommodated in the European legal order. Did it comply with the fundamental principle of democracy, rule of law and human rights? Would a united Cyprus have been able to speak with one voice and to implement EU law properly? The Author, who has worked both for the European Commission and for the UN Special Advisor on Cyprus, presents a precise account of facts and thorough legal assessments. He also tackles current legal problems arising out of Cyprus’ membership in the EU and the suspension of the acquis communautaire in the northern part of Cyprus. He finally analyses how the question of recognition affects the relations between Cyprus and Turkey. The book is an ideal choice for practitioners and researchers because it combines first hand information on the most recent developments on Cyprus with legal evaluations from an international official trained in international and European law.Table of ContentsAcknowledgments, Introduction, Chapter I – The Independence of Cyprus, Chapter II – The Breakdown of the Bi-communal Republic, Chapter III – The Turkish Intervention and Turkey’s Continued, Presence in the Northern Part of Cyprus, Chapter IV – UN Efforts to Foster a Political Settlement 1975–1995, Chapter V – Cyprus as Candidate for EU Membership, Part VI – EU Accession Negotiations and Annan Plan I–III, Chapter VII – EU Accession and Annan Plan IV–V, Chapter VIII – Cyprus as EU Member State, Chapter IX – Relations between Cyprus and Turkey, Chapter X – Conclusion, Appendices, Bibliography, Table of Abbreviations, Index.
£148.96
Brill United Nations Naval Peace Operations in the Territorial Sea
Book SynopsisThis book examines UN naval peace operations, addressing the construction and assessment of authority with respect to a range of acts essential to the conduct of such operations. The focus is particularly upon operations as they relate to and impact upon the Territorial Sea. Within a conceptual approach emphasising the interaction of power and legitimation in the construction of authority, naval peace operations issues such as Innocent Passage, interdiction operations, and transitional administration are considered. The book concludes by proposing a conceptually and operationally sensitive approach to constructing authority for the conduct of UN naval peace operations in the Territorial Sea.Trade Review"... the element which gives the greatest value to this book is the outstanding analysis of the existing weaknesses of the combined UN - Law of the Sea system with respect to the peace support action within the territorial sea of a state. McLaughlin attempts to create a much needed model to overcome the many difficulties associated with establishing legal order in the territorial sea - a courageous task indeed. With his work, McLaughlin has certainly established himself as an authoritative voice on the subject and is ushering in further essential discussion on the topic." Gianmatteo Breda (Commander, Italian Navy), Revue de droit militaire et de droit de la guerre/Military Law and the Law of War Review 49/3-4 (2010). "This book is an intelligent, well written discussion of the intersection between the UN Charter and the LOSC in the context of UN naval peace operations in the territorial sea. (...)The extent of McLaughlin’s research and theoretical exploration as well as his careful elaboration of alternative perspectives make this a useful addition to any institutional or personal library in the area of UN operations and the LOSC." Joanna Mossop, Senior Lecturer, Law Faculty, Victoria University of Wellington, New Zealand and Australian Armed Forces Law Review, Vol 10 & 11, 2010-11.Table of ContentsForeword; Preface; Chapter 1 Law, Power, and the Sea; Chapter 2 Power: Naval Force and the Conduct of UN Peace Operations; Chapter 3 Legitimacy: UN Peace Operations, Force, and the Law of the Sea Convention; Chapter 4 UN Naval Peace Operations, Innocent Passage, and the Use of Force; Chapter 5 UN Naval Interdiction Operations in the Territorial Sea; Chapter 6 UN Transitional Administration and the Status of the Territorial Sea; Chapter 7 Regulating Authority for UN Naval Peace Operations in Third Party Territorial Seas; Conclusion; Glossary;Bibliography;Index.
£120.80
Brill Legal Theory of International Arbitration
Book SynopsisReview excerpts from the book on Scribd International arbitration readily lends itself to a legal theory analysis. The fundamentally philosophical notions of autonomy and freedom are at the heart of its field of study. Similarly essential are the questions of legitimacy raised by the parties’ freedom to favor a private form of dispute resolution over national courts, to choose their judges, to tailor the procedure and to choose the applicable rules of law, and by the arbitrators’ freedom to determine their own jurisdiction, to shape the conduct of the proceedings and to choose the rules applicable to the dispute. The present work, based on a Course given at The Hague Academy of International Law in the Summer 2007, identifies the philosophical postulates that underlie this field of study and shows their profound coherence and the practical consequences that follow from these postulates in the resolution of international disputes.Trade Review"[Kuckenberg adds that he thinks] Gaillard’s approach is 'the window to the future'", in: Ross, A. Gaillard on the seat of arbitration, in: Global Arbitration Review (GAR), Oct.5, 2009 "In the best French tradition of private international law scholarship, Professor Gaillard undertakes an intellectual tour de force which demonstrates that the law of international arbitration cannot properly be understood without reflection on its philosophical underpinnings and, vice versa, that different philosophical conceptions of the law of international arbitration are not without practical implications.", in: Heiskanen, V. E. Gaillard, Aspects philosophiques du droit de l’arbitrage international, in: EJIL 20/2009, p. 942, at pp. 942-947, also published on Global Law Books (http://www.globallawbooks.org/reviews/detail.asp?id=588). Fulltext: http://ejil.oxfordjournals.org/cgi/reprint/20/3/942.pdf “Professor Gaillard’s lectures, which have now been published in a handy pocket book format, are indeed 'indispensable' to a proper understanding of contemporary international arbitration.", in: Heiskanen, V. E. Gaillard, Aspects philosophiques du droit de l’arbitrage international, in: EJIL 20/2009, p. 942, at pp. 942-947 "Una tarea de ese tipo tiene un obstáculo no desdeñable: el de hacer que la profundidad de las ideas no le quite inteligibilidad. El profesor Emmanuel Gaillard -que es, además, un abogado y árbitro de indiscutido prestigio mundial- ha sorteado con éxito ese obstáculo.", in: Fernandez Arroyo, DP. Gaillard, Emmanuel, Aspects philosophiques du droit de l’arbitrage international, in: DeCITA 11.2009, derecho del comercio internacional, 2009, p. 492, at pp. 492-494 "La lecture des Aspects philosophiques du droit de l'arbitrage international sera un passage obligé pour les universitaires qui enseignent le droit de l'arbitrage, leurs étudiants, les auteurs qui écrivent sur l'arbitrage, et les praticiens qui réfléchissent sur leur pratiques.", in: Loquin, E. A propos de l’ouvrage d’Emmanuel Gaillard : Aspects philosophiques du droit de l’arbitrage international, in: Revue de l’arbitrage, 2/2009, p. 325, at pp. 317-325 “The book provides an extraordinarily clear overview of the main conceptions of international arbitration and their various practical consequences. A reading is therefore highly recommended for all arbitration practitioners.”, in: P. Lalive, L’ordre public transnational et l’arbitre international, in: Liber Fausto Pocar, 2009, p. 601, at pp. 599-611 (French). Fulltext: http://www.lalive.ch/files/pla_op_transnatl%2Barbitre_intl_2009.pdf “On all these points, Emmanuel Gaillard’s book bears witness to his vast experience and exceptional comparative knowledge, as well as incorporating abundant and contemporary material, which, once again, makes it literally indispensable reading for all international arbitration practitioners.”, in: P. Lalive, Aspects philosophiques du droit de l’arbitrage international, in: ASA Bull. 4/2008 (December), p. 704, at pp. 700-704 (French)
£132.80
Brill Legal Theory of International Arbitration
Book SynopsisInternational arbitration readily lends itself to a legal theory analysis. The fundamentally philosophical notions of autonomy and freedom are at the heart of its field of study. Similarly essential are the questions of legitimacy raised by the parties’ freedom to favor a private form of dispute resolution over national courts, to choose their judges, to tailor the procedure and to choose the applicable rules of law, and by the arbitrators’ freedom to determine their own jurisdiction, to shape the conduct of the proceedings and to choose the rules applicable to the dispute. The present work, based on a Course given at The Hague Academy of International Law in the Summer 2007, identifies the philosophical postulates that underlie this field of study and shows their profound coherence and the practical consequences that follow from these postulates in the resolution of international disputes.Trade Review"[Kuckenberg adds that he thinks] Gaillard’s approach is 'the window to the future'", in: Ross, A. Gaillard on the seat of arbitration, in: Global Arbitration Review (GAR), Oct.5, 2009 "In the best French tradition of private international law scholarship, Professor Gaillard undertakes an intellectual tour de force which demonstrates that the law of international arbitration cannot properly be understood without reflection on its philosophical underpinnings and, vice versa, that different philosophical conceptions of the law of international arbitration are not without practical implications.", in: Heiskanen, V. E. Gaillard, Aspects philosophiques du droit de l’arbitrage international, in: EJIL 20/2009, p. 942, at pp. 942-947, also published on Global Law Books (http://www.globallawbooks.org/reviews/detail.asp?id=588). Fulltext: http://ejil.oxfordjournals.org/cgi/reprint/20/3/942.pdf “Professor Gaillard’s lectures, which have now been published in a handy pocket book format, are indeed 'indispensable' to a proper understanding of contemporary international arbitration.", in: Heiskanen, V. E. Gaillard, Aspects philosophiques du droit de l’arbitrage international, in: EJIL 20/2009, p. 942, at pp. 942-947 "Una tarea de ese tipo tiene un obstáculo no desdeñable: el de hacer que la profundidad de las ideas no le quite inteligibilidad. El profesor Emmanuel Gaillard -que es, además, un abogado y árbitro de indiscutido prestigio mundial- ha sorteado con éxito ese obstáculo.", in: Fernandez Arroyo, DP. Gaillard, Emmanuel, Aspects philosophiques du droit de l’arbitrage international, in: DeCITA 11.2009, derecho del comercio internacional, 2009, p. 492, at pp. 492-494 "La lecture des Aspects philosophiques du droit de l'arbitrage international sera un passage obligé pour les universitaires qui enseignent le droit de l'arbitrage, leurs étudiants, les auteurs qui écrivent sur l'arbitrage, et les praticiens qui réfléchissent sur leur pratiques.", in: Loquin, E. A propos de l’ouvrage d’Emmanuel Gaillard : Aspects philosophiques du droit de l’arbitrage international, in: Revue de l’arbitrage, 2/2009, p. 325, at pp. 317-325 “The book provides an extraordinarily clear overview of the main conceptions of international arbitration and their various practical consequences. A reading is therefore highly recommended for all arbitration practitioners.”, in: P. Lalive, L’ordre public transnational et l’arbitre international, in: Liber Fausto Pocar, 2009, p. 601, at pp. 599-611 (French). Fulltext: http://www.lalive.ch/files/pla_op_transnatl%2Barbitre_intl_2009.pdf “On all these points, Emmanuel Gaillard’s book bears witness to his vast experience and exceptional comparative knowledge, as well as incorporating abundant and contemporary material, which, once again, makes it literally indispensable reading for all international arbitration practitioners.”, in: P. Lalive, Aspects philosophiques du droit de l’arbitrage international, in: ASA Bull. 4/2008 (December), p. 704, at pp. 700-704 (French)
£59.20
Brill The State versus the Individual: The Unresolved Dilemma of Humanitarian Intervention
Book SynopsisWhether States, coalitions of States or inter-governmental organizations can engage in humanitarian intervention lawfully without the UN Security Council´s authorization has been debated at length. Following NATO´s intervention in Kosovo in 1999, the international lawgiver had to act. The result was the concept of the responsibility to protect. But the fundamental question of the legality of humanitarian intervention remained. This book takes a new approach by combining legal theory and international law. Legal theory enables the concept of legal validity to be better understood and permits the question to be evaluated thoroughly in international law. The outcome is that the international lawgiver has to confront the hard problem whether or not there is enough interest for human rights protection.Table of ContentsAbbreviations; Acknowledgements; Introduction I Humanitarian Intervention – intervention d´humanité ; II Humanitarian Intervention in Context: A Brief Commentary on Its Recent History; III Basic Commitments; IV On Methods: The View of Law from Nowhere; V On Structure; Chapter I: “Humanitarian Intervention Norm is Valid” – Norm Proposition, Validity and Interpretation in Legal Theory 1.1 Component Parts of The Validity Argument; 1.2 Claim to Validity; 1.3 Legitimacy and Validity; 1.4 Legal Community C as a Legal Phenomenon; 1.5 Preceding Validity: Interests for Norms and Compliance; 1.6 Summary: A Realist Positivist’s View of Legal Validity; Chapter II: Common Interest as a Basis of Law 2.1 Communitarian Trends; 2.2 Obligations erga omnes ; 2.3 Peremptory Norms jus cogens; 2.4 Community Reactions; 2.5 Conclusion: Reconciliation of Common Interests; Chapter III: Use of Armed Force under the United Nations Charter 3.1 Introductory Remarks on the UN Charter and its Interpretation; 3.2 The Charter´s System for Uses of Force; 3.3 Uses of Force under the Charter; 3.4 Beyond the Charter; 3.5 Interim Conclusion: Validity Matrix; Chapter IV: Empirical Appraisal of State and IGO Practice Vis-á-Vis NATO´s Allied Force Operation in Kosovo Introduction: Auditory and Preconditions for Humanitarian Intervention; 4.1 Supreme Humanitarian Emergency in Practice; 4.2 Failure of the Peaceful Settlement of Disputes – Security Council Inaction; 4.3 Other Precautionary Preconditions; 4.4 States´ and IGOs´ Rhetoric; Chapter V: Beyond Kosovo – Responsibility to Protect Introduction: Discussion Continues; 5.1 ICISS – Advocating a Shift in Thinking; 5.2 R2P and Regional Round Tables in Developing Countries; 5.3 A More Secure World; 5.4 In Larger Freedom; 5.5 R2P at the World Summit 2005; 5.6 Reception of the R2P Doctrine by States; 5.7 Other Initiatives for the Advancement of R2P; 5.8 Short Evaluative Conclusions; Chapter VI: Conclusions and Policy Recommendations 6.1 Validity Matrix of a Humanitarian Intervention Norm; 6.2 Strategies; 6.3 A Legal Basis for Humanitarian Intervention; 6.4 Policy Recommendations; Selected Bibliography; Index.
£187.20
Brill Use of Experts in International Freshwater Disputes: A Critical Assessment
Book SynopsisIn Use of Experts in International Freshwater Disputes, Mbengue and Das offer a critical assessment of the involvement of experts in resolving international water disputes. International disputes related to freshwater are increasing in number and complexity. The rising complexity is necessarily accompanied and compounded by the involvement of experts in dispute resolution. This monograph examines, through a number of case studies, decided by international tribunals, the role and use (or absence) of experts in international freshwater disputes. Through this examination, the authors identify the lacunae as well as good practices in expert use in disputes of this nature. The monograph goes on to suggest the best practices with respect to expert involvement and use for a more efficient and fair resolution of international water disputes.Table of Contents Dedication Use of Experts in International Freshwater Disputes: A Critical Assessment Makane Moïse Mbengue and Rukmini Das Abstract Keywords Part 1: Introduction Part 2: Legal Provisions on the Use of Experts in Dispute Resolution Part 3: Experts in Water Disputes before the International Court of Justice Part 4: Water Disputes Resolved through Inter-state Arbitration Part 5: Experts in Investor-State Water Disputes Part 6: Conclusion: Assessment of the Use of Experts in International Water Disputes Author Biographies Acknowledgements Bibliography
£71.44
Brill The Geneva List of Principles on the Protection of Water Infrastructure: An Assessment and the Way Forward
Book SynopsisProtection of water infrastructure is fundamental to the protection of civilians during armed conflicts; they provide water for drinking, sanitation, agriculture and energy. Unfortunately, they suffer not only from incidental damages inherent in conflicts, but also from deliberate targeting and weaponization by the belligerent parties. In The Geneva List of Principles on the Protection of Water Infrastructure, Tignino and Irmakkesen provide a detailed overview of the rules and practice on the protection of water infrastructure during and after armed conflicts. This overview is presented in a set of principles derived from different branches of international law and enriched with international practice, making the monograph a first in taking a holistic approach in the study of the subject.Table of Contents Dedication The Geneva List of Principles on the Protection of Water Infrastructure An Assessment and the Way Forward Mara Tignino and Öykü Irmakkesen Abstract Keywords 1 Introduction 2 The Geneva List of Principles on the Protection of Water Infrastructure, with Commentaries 3 Perspectives Annex: The Geneva List of Principles on the Protection of Water Infrastructure Author Biographies Bibliography
£999.99
Brill Legal Challenges in the New Digital Age
Book SynopsisLegal Challenges in the New Digital Age addresses a wide range of legal issues related to emerging technologies. These technologies pose prominent legal challenges, in particular, how to wedge new phenomena into old frameworks; whether we can and should delegate responsibilities to technologies and how to cope with newly created powers of manipulation. Edited by Ana Mercedes Lopez Rodriguez, Michael D. Green and Maria Lubomira Kubica, the book’s sixteen chapters are written by highly qualified international practitioners and academics from different jurisdictions. Familiarity with the intricacies of emerging technologies is essential for judges, practitioners, legal staff, business people and scholars. This book’s combination of highly thought-provoking topics and in-depth analysis will prove indispensable to all interested parties.Table of ContentsForward List of Figures and Tables PART 1 Existing Legal Concepts And Disruptive Technologies 1 Tort Law and New Technologies Eugenia Dacoronia 2 Geo-Blocking and EU Competition Law in the Digital Era Michele Messina 3 (In)fallible Smart Legal Contracts Manuel A. Gómez 4 An Analysis on the Application of the UNCITRAL Model Law on Electronic Transferable Records on Contract Automation and Metadata Jurij Lampic & Irene Ng (Huang Ying) 5 The Electronic Devices Used for Testamentary Disposition Under Polish Law Wojciech Banczyk 6 EU Customs Regulation, Patent Assertion Entities and the New Surge of Abusive Practices in Europe Matteo Dragoni PART 2 The Impact Of Digitalization On Privacy And Fundamental Rights 7 General Data Protection Regulation, Fundamental Rights and Private International Law Giulia Rossolillo 8 Legal and Ethical Implications of eHealth Big Data———A Comparative Perspective between Japan and Catalonia Albert Ruda 9 Artificial Intelligence in Criminal Courts Opportunity or Threat? Luca Lupària Donati 10 Coping with Identity Theft and Fear of Identity Theft in the Digital Age Naci Akdemir 11 Algorithmic Dispute Resolution Will the Decision of a Robo-Arbitrator Fall under the New York Convention? Rafael Carlos del Rosal Carmona 12 Social Media as Monitoring Tools in the Workplace A Threat to Employees’ Right to a Private Life? Stefania Casiglia PART 3 Implementing New Technologies In The Legal Field 13 Blockchain and Its Impact on Human Rights Ana Mercedes López Rodríguez 14 The Spoken Word, the Written Word and the Digital Word Discursive Discontinuities and Change of Legal Canons Flávia Noversa Loureiro 15 Personalization of Consumer Contracts—Should We Personalize Interpretation Rules? Katarzyna Południak-Gierz 16 The Fate of Law as Technology and Technology as Legal Reasoning The Red Queen Effect in Smart Cities María Luisa Gómez Jiménez Index
£163.20
Brill Le droit non écrit dans le contentieux international économique: Une analyse critique de discours
Book SynopsisThis work applies discourse analysis to investment awards and WTO reports to unveil the narratives behind the use of unwritten law. Adopting a CLS and Neo-Gramscian approach, this linguistic inquiry studies the neoliberal and hegemonic structures of international economic adjudication. Cette étude développe une analyse du discours du juge de l’OMC et de l’arbitre de l’investissement portant sur le droit non écrit. En employant une approche critique et néo-gramscienne, elle s’intéresse aux structures néolibérales et hégémoniques du contentieux international économique.Table of ContentsPlease click here for the long version of the Table of Contents: of Le droit non écrit dans le contentieux international économique. Introduction générale première partie: Un discours de banalisation titre i: La banalisation des régimes conventionnels 1 Des régimes conventionnels ancrés dans le droit général des traités 2 Des régimes conventionnels ancrés dans le droit général de la responsabilité titre ii: La banalisation de la fonction juridictionnelle 3 La coordination autour des règles générales du procès 4 La coordination autour des méthodes herméneutiques générales seconde partie: Un discours de systématisation titre iii: La systématisation endogène 5 La systématisation par la convergence conventionnelle 6 La systématisation par le recours au précédent titre iv: La systématisation exogène 7 Le discours néolibéral du juge 8 Le discours hégémonique du juge Conclusion générale Bibliographie sélective Table de jurisprudence Index analytique Table des matières
£217.60
Brill Blockchain and Private International Law
Book SynopsisThe open access publication of this book has been published with the support of the Swiss National Science Foundation. Blockchain is the first global mechanism for the transfer and storage of value. Despite being conceived as an alternative to state and law, the technology and its use cases raise many legal questions, most notably, regarding jurisdiction and applicable law with respect to transactions and assets recorded on the blockchain. The issue is complex given the decentralised nature of the network. In this volume, academics and practitioners from various countries try to provide detailed answers to these questions as they relate to crypto-assets, cryptocurrencies, crypto derivatives, stablecoins, Central Bank Digital Currencies and Decentralised Autonomous Organisations (DAOs), as well as specific transactions and issues, such as property rights, secured transactions, smart contracts and bankruptcy. With specific chapters on national approaches (Germany, Japan, Liechtenstein, Switzerland, United States), the volume explores the need and possibility for legal harmonisation of these issues through global fora, such as the Hague Conference on Private International Law (HCCH) UNIDROIT.
£190.76
Brill Chinese (Taiwan) Yearbook of International Law and Affairs, Volume 39, 2021
Book SynopsisVolume 39 of the Chinese (Taiwan) Yearbook of International Law and Affairs publishes scholarly articles and essays on international and transnational law, as well as compiles official documents on the state practice of the Republic of China (Taiwan) in 2021. The Yearbook publishes on multidisciplinary topics with a focus on international and transnational law issues regarding the Republic of China (Taiwan), Mainland China, and ASEAN.Table of ContentsPreface Ying-jeou Ma Notes on Contributors Articles Rescission of the Autonomy of Hong Kong Thomas D. Grant Validity of Contested Title to Territory in Frozen Conflict Zones: The Case of Nagorno Karabakh with Particular Reference to the 2020 War Volker Roeben & Sava Jankovic Enhancing Transboundary Consultation in the Context of Nuclear Power Development in Southeast Asia Denise Cheong and Nivedita S. International Framework for Cruise Vessels in the Post-Pandemic Asia-Pacific Region: Unclear Rights over Internal Waters Makoto Seta Regulating the Corporate Governance of State-Owned Enterprises in Investment Arbitration Mark McLaughlin The More the Merrier: Is East Asia’s ADR Scene Missing out on Expert Determination? Min K. Lee & Ji Hyoi Moon Institutional and Legislative Rule-Making for Taiwan’s Arbitration: CAA and Its International Arbitration Centre Winnie Jo-Mei Ma Investigating the WHO's Lack of Insulation from International Power Politics P. Brian Chen Special Reports The EU, China and Taiwan: Time to Embrace Change Zsuzsa Anna Ferenczy Promoting and Protecting Cultural and Creative Industries through Free Trade Agreements: The Experience from Korea and Japan Siqi Zhao Book Review New Asian Regionalism in International Economic Law by Pasha L. Hsieh, Cambridge University Press (2021), pp. 300 I-Ju Chen Contemporary Practice and Judicial Decisions of the Republic of China (Taiwan) Relating to International Law, 2021 Compiled by Chun-i Chen, Pasha L. Hsieh, I-Hon Hsiao, and Kai-Chih Chang, with the Assistance of Lee & Li Attorneys-at-Law Explanatory Note I International Law In General President Tsai Delivers 2021 National Day Address II Subjects of International Law III International Organizations Republic of China (Taiwan) and Intergovernmental Organizations MOFA Thanks the International Community for Unprecedented Support of Taiwan's Participation in the WHA MOFA Appreciates Broad International Support as Taiwan Takes Diverse Approaches in Bid for UN Participation IV Individuals Ministry of the Interior (July 5, 2021) Tai-Nei-Hu-Zi-1100123383 Agency of Corrections, Ministry of Justice (September 28, 2021) Fa-Jiao-Shu-An-Zi-11004006181 Taipei High Administrative Court Administrative Judgment (November 25, 2021) 109-Su-Zi 221 Supreme Court Criminal Ruling (December 16, 2021) 110-Tai-Sheng-Zi 233 V Territory and Territorial Jurisdiction VI State Responsibility VII The Law of the Sea, Environment, Health, and Aviation Taiwan to Seek Consultation with the U.S. on Continued Cooperation on Combating IUU Fishing VIII The Law of Treaties IX Diplomatic, Consular, and Similar Relations Taiwan Expresses Deep Regret at Guyana’s Termination of Agreement to Mutually Establish Offices The Taiwanese Representative Office in Lithuania Commences Operation The R.O.C. (Taiwan) Government Has Terminated Diplomatic Relations with the Republic of Nicaragua with Immediate Effect MOFA Categorically Rejects Actions Taken by the Governments of Nicaragua and the PRC to Seize Taiwan's Diplomatic Property X Peaceful Settlement of International Disputes XI Arms Control, Use of Force, and International Criminal Law XII International Economic Relations Intellectual Property Office, Ministry of Economic Affairs (August 24, 2021) Dian-Zi-You-Jian-Zi-1100824 Taiwan and US Conclude Fruitful Round of Trade and Investment Talks Taiwan Applies to Join CPTPP Taiwan-Czech Economic Consultation Achieves Encouraging Outcomes on Enhancing Cooperation Taiwan and Slovakia Sign Protocol of the First Session of the Taiwanese-Slovak Commission on Economic Cooperation XIII Private International Law XIV Cross-Strait Relations Taiwan Has Turned a Page of History on the "1992 Consensus" MAC Amends Choice of Law Provisions Under the Civil Matters Chapter of the Cross-Strait Act XV Others Report by Jaushieh Joseph Wu, Minister of Foreign Affairs of the Republic of China (Taiwan), at the Foreign and National Defense Committee of the Legislative Yuan on October 18, 2021 Treaties/Agreements Concluded by the Republic of China (Taiwan) with Other Countries and Organizations in 2021 Compiled by Chun-i Chen, Kai-Chih Chang, and Pasha L. Hsieh Chronological List Selected Texts Central American Bank for Economic Integration Administration Agreement between the Government of the Republic of China (Taiwan) and the American Central Bank for Economic Integration in Regard to the Establishment of the Taiwan-CABEI Partnership Trust Fund Republic of Ecuador Memorandum of Understanding Between the Anti-Money Laundering Division, Investigation Bureau, Ministry of Justice, the Republic of China (Taiwan) and the Financial and Economic Analysis Unit of the Republic of Ecuador Kingdom of Eswatini Agreement of Agricultural Technical Cooperation between the Government of the Republic of China (Taiwan) and the Government of the Kingdom of Eswatini Republic of Paraguay Arrangement of Cooperation between the Central Bank of the Republic of China (Taiwan) and the Central Bank of Paraguay Slovak Republic Arrangement between the Taipei Paraguay, Bratislava and the Slovak Economic and Cultural Office, Taipei on Judicial Cooperation in Criminal Matters Republic of Somaliland Medical Cooperation Agreement between the Government of the Republic of China (Taiwan) and the Government of the Republic of Somaliland United States of America Arrangement between the Taipei Economic and Cultural Representative Office in the United States and the American Institute in Taiwan for the Exchange of Technical Information and Cooperation in Nuclear Safety Matters Index Guidelines for Submissions to the Chinese (Taiwan) Yearbook of International Law and Affairs
£182.40
Brill Peacemaking and the Canon Law of the Catholic Church
Book SynopsisThis volume unites three disparate strands of historical and legal experience. Nearly from its beginning, the Catholic Church has sought to promote peace – among warring parties, and among private litigants. The volume explores three vehicles the Church has used to promote peace: papal diplomacy of international disputes both medieval and contemporary; the arbitration of disputes among litigants; and the use of the tools of reconciliation to bring about rapprochement between ecclesiastical superiors and those subject to their authority. The book concludes with an appendix exploring a wide variety of hypothetical, yet plausible scenarios in which the Church might use its good offices to repair breaches among persons and nations.Table of ContentsPreface Abstract Keywords Part 1: Introduction Part 2: The Hundred Years War and Papal Diplomacy Part 3: Modern Papal Diplomacy: Pope Leo XIII to Pope Francis Part 4: Alternative Dispute Resolution and the 1917 Code of Canon Law Part 5: The Second Vatican Council, Due Process, and the Extra-Judicial Review of Administrative Acts Conclusion Appendix: The Arbitration and Mediation of Private Disputes Under the 1983 Code of Canon Law Bibliography
£63.84
Brill Chinese (Taiwan) Yearbook of International Law and Affairs, Volume 40, 2022
Book SynopsisVolume 40 of the Chinese (Taiwan) Yearbook of International Law and Affairs publishes scholarly articles and essays on international and transnational law, as well as compiles official documents on the state practice of the Republic of China (Taiwan) in 2022. The Yearbook publishes on multidisciplinary topics with a focus on international and transnational law issues regarding the Republic of China (Taiwan), Mainland China, and ASEAN.Table of ContentsPreface Ying-jeou Ma Notes on Contributors Essay Reflections on Why I Studied International Law and How I Used It to Help my Country and People Ying-jeou Ma Articles States in Danger of Extinction: The Case of the Republic of Kiribati David Proaño Alcívar Corporate Accountability for Atrocity Crimes in Myanmar: Business Complicity in the Investigations of the UN Fact-Finding Mission Tomas Hamilton & Gabriele Caon The DEPA and ASDEA: Template for Digital Trade Agreements for Indo-Pacific? Sungjin Kang Can the CPTPP Help? The (Un)expected Roles of the CPTPP to Eradicate Forced Labor Issues in Taiwanese Distant Water Fisheries Mao-wei Lo Special Reports: Indo-Pacific Strategies and International Law Edited by Pasha L. Hsieh The Indo-Pacific Economic Framework for Prosperity: Promise or Peril for Labor Governance through Trade Instruments? Desirée LeClercq The Connectivity in the Indo-Pacific: Policies and Strategies of the ASEAN, the US, and the EU Yurika Ishii Sailing between Reefs: Balancing Indonesia’s Maritime Security Cooperation in the Indo-Pacific Arie Afriansyah & Aristyo Rizka Darmawan The EU and the Indo-Pacific Region – Prospects of a Green Partnership Stefanie Schacherer Special Reports: Taiwan and International Law National Identity in Taiwan: A Doctrinal Analysis through the Lens of Democratism David KC Huang & Nigel N.T. Li Taiwan and the 2005 International Health Regulations (IHR): Covid-19 and the Evolving Landscape of Global Health Tsung-Ling Lee No Pay, No Gain? APEC and Taiwan’s Experiences Ying-Jun Lin Book Reviews Edited by Han-Wei Liu The South China Sea Arbitration: Jurisdiction, Admissibility, Procedure by Stefan Talmon, Brill/Nijhoff, 2022, xl +407 pp Kuan-Hsiung Wang The Resolution of Inter-State Disputes in Civil Aviation by Luping Zhang, Oxford University Press, 2022, xx + 256 pp Kai-Chih Chang Contemporary Practice and Judicial Decisions of the Republic of China (Taiwan) Relating to International Law, 2022 Compiled by Chun-i Chen, Pasha L. Hsieh, I-Hon Hsiao, and Kai-Chih Chang, with the Assistance of Lee & Li Attorneys-at-Law Explanatory Note I International Law in General MOFA Condemns False Claim Regarding Taiwan’s Sovereignty in Joint Statement Issued by China and Russia MOFA Condemns Russia’s Decision to Recognize the “Donetsk and Luhansk People’s Republics” in Eastern Ukraine as Sovereign and Independent States US House Speaker Nancy Pelosi’s Visit to Taiwan Fruitful; Underlines Staunch US Support for Taiwan MOFA Response to Comments by US President Joe Biden in an Interview that US Forces Would Assist Taiwan’s Defense in the Event of an Attack by China MOFA Response to Comments by UK Prime Minister Liz Truss in an Interview that the UK is Determined to Work with its Allies to Make Sure Taiwan is Able to Defend itself MOFA Strongly Condemns Russian President Vladimir Putin for Making False Claims against Taiwan MOFA Response to Japanese Prime Minister Kishida Highlighting Peace and Stability across the Taiwan Strait in Japan-China Leadership Talks II Subjects of International Law III International Organizations Republic of China (Taiwan) and Intergovernmental Organizations Taiwan Seeks Support for CPTPP Bid at APEC Trade Meeting MOFA Thanks International Community for Strong Support at the 75th WHA Faced with China’s Military Threats and Intimidation, the R.O.C. (Taiwan) Government Continues to Seek UN Participation, Urging the UN to Cherish Taiwan’s Efforts and Bring Taiwan into its Fold MOFA, MOTC Jointly Declare Determination to Promote Involvement in ICAO, Emphasize that China’s Recent Military Exercises in Airspace and Waters around Taiwan Highlight Importance of ICAO Incorporating Taiwan’s Participation MOFA Sincerely Thanks International Community for Supporting Taiwan’s Bid to Participate in INTERPOL IV Individuals Ministry of Health and Welfare July 8, 2022 Wei-Bu-Hsin-Zi-1111761413 V Territory and Territorial Jurisdiction VI State Responsibility VII The Law of the Sea, Environment, Health, and Aviation VIII The Law of Treaties IX Diplomatic, Consular and Similar Relations President Tsai Meets Somaliland Foreign Minister Essa Kayd Mohamoud President Tsai Attends Ministry of Foreign Affairs 2022 Spring Banquet Taiwan, the IDB, and Belize Sign Letter of Intent to Boost Employment and Economic Recovery in Belize President Tsai Meets Guatemalan Foreign Minister Mario Búcaro Lithuanian Trade Representative Office Opens in Taiwan, Heralding a New Chapter in Bilateral Cooperation X Peaceful Settlement of International Disputes XI Arms Control, Use of Force and International Criminal Law XII International Economic Relations Taipei High Administrative Court Judgment January 13, 2022 108-Su-Zi 1930 Taiwan to Protect Public Health While Lifting Ban on Japanese Food Imports Preliminary Announcement Taiwan-Nicaragua FTA to Be Suspended from 1 July 2022 MOEA Announces Expansion of Export Controls on Russia U.S.-Taiwan Cooperation on Global Semiconductor Supply Chain Resilience Industry Forum Taiwan Announces Export Controls with respect to Belarus Taiwan and EU Upgrade the Level of Trade and Investment Dialogue Taiwan and Lithuania Convene High-Level Agricultural Dialogue Meeting in Taipei to Strengthen Agricultural Cooperation between the Two Countries as well as Public-Private Partnerships Taiwan and Kosovo Convened Agricultural Ministerial Virtual Meeting to Deepen Agricultural Cooperation and Exchanges between the Two Countries Taiwan Boosts Semiconductor Industry Support following US Export Controls on China Executive Yuan Calls on China to Remove Unfair Food Trade Barriers Taiwan Re-Elected for New Term on APAARI Executive Committee Will Continue to Make Contributions to Agricultural Research and Technological Development in the Asia-Pacific Region XIII Private International Law Ministry of the Interior February 22, 2022 Tai-Nei-Hu-Zi-1110105985 Taiwan High Court Civil Judgment October 19, 2022 109-Chung-Shang-41 XIV Cross-Strait Relations Taiwan’s Independent Judiciary Conducts Fair Trials: Government Solemnly Rejects the CCP’s Unwarranted Meddling and Accusations Legislative Yuan Passes the “Draft Amendments to Part of the Provisions of the Act Governing Relations between the People of the Taiwan Area and the Mainland Area” to Prevent Illicit Transfer of Core Technology and Illegal Talent Poaching The “1992 Consensus” is Nonexistent; the Two Sides of the Taiwan Strait Not Subordinate to each Other is the Existing Status Quo President Tsai Delivers Remarks on the Live-Fire Military Exercises China Conducting in Areas around Taiwan Remarks by Minister Jaushieh Joseph Wu at the International Press Conference on Taiwan’s Response to China’s Military Provocations MAC Statement on the CCP White Paper on Taiwan MOFA Solemnly Denounces, Strongly Condemns China’s Foreign Minister Wang Yi for Distorting Historical Facts, Misrepresenting UN Resolution 2758 Highlights of President Tsai’s National Day Address: Safeguarding Taiwan with “Four Commitments” and “Four Resiliences,” Urging Mainland China to Respect Taiwanese People’s Commitment to Sovereignty and Democracy XV Others Taiwan and Israel Sign Joint Declaration on Social Welfare and Social Service Cooperation Report by Jaushieh Joseph Wu, Minister of Foreign Affairs of the Republic of China (Taiwan), at the Foreign and National Defense Committee of the Legislative Yuan on October 26, 2022 Taiwan and US Sign MOU Institutionalizing Global Partnership in Development and Humanitarian Assistance Cooperation Treaties/Agreements Concluded by the Republic of China (Taiwan) with Other Countries and Organizations in 2021 Compiled by Chun-i Chen, Kai-Chih Chang, and Pasha L. Hsieh. Chronological List Selected Texts Republic of India Agreement between the Taipei Economic and Cultural Center in India and the India-Taipei Association, Taipei on Mutual Cooperation in the Field of Standardization and Conformity Assessment State of Palestine Memorandum of Understanding between the Anti-Money Laundering Division, Investigation Bureau, Ministry of Justice, Republic of China (Taiwan) and the Financial Follow-up Unit, State of Palestine Concerning Cooperation in the Exchange of Financial Intelligence Related to Money Laundering, Associated Predicate Offences and Terrorism Financing Slovak Republic Arrangement between the Taipei Representative Office, Bratislava and the Slovak Economic and Cultural Office, Taipei on Judicial Cooperation in Civil and Commercial Matters Republic of Somaliland Agreement between the Government of the Republic of China (Taiwan) and the Government of the Republic of Somaliland on Energy and Mineral Resources Cooperation Index Guidelines for Submissions to the Chinese (Taiwan) Yearbook of International Law and Affairs
£199.12
Brill Compliance with Decisions of the Dispute Settlement Bodies of the UN Convention on the Law of the Sea
Book SynopsisWhat happens after a judgment is delivered by a tribunal constituted under the UN Convention on the Law of the Sea? In this ground-breaking book, all the decisions issued by the International Tribunal for the Law of the Sea or Annex VII arbitral tribunals are examined to determine what results transpired following the judgment or order. The authors consider what compliance means and whether it has been achieved in UNCLOS dispute settlement. We suggest what other outcomes have sometimes eventuated from UNCLOS dispute settlement and propose steps that may be taken to enhance judgment compliance.Table of ContentsContents Compliance with Decisions of the Dispute Settlement Bodies of the UN Convention on the Law of the Sea Abstract Keywords 1 Introduction to Dispute Settlement under the UN Convention on the Law of the Sea 2 Understanding Compliance 3 Prompt Release Proceedings 4 Provisional Measures 5 Maritime Boundary Delimitation Cases 6 Detention of Vessels and Crew 7 Annex VII Arbitrations involving Mixed Disputes 8 Assessing Compliance List of Abbreviations and Acronyms List of Abbreviated Case Names Acknowledgments Author Biographies
£71.44
Taylor & Francis Ltd Transnational Construction Arbitration
Book SynopsisTransnational Construction Arbitration addresses topical issues in the field of dispute resolution in construction contracts from an international perspective. The book covers the role of arbitral institutions, arbitration and dispute resolution clauses, expert evidence, dispute adjudication boards and emergency arbitrator procedures, investment arbitration and the enforcement of arbitral awards. These topics are addressed by leading experts in the field, thus providing an insightful analysis that should be of interest for practitioners and academics alike.Table of Contents Introduction The law governing the arbitration agreement: a transnational solution? Multi-tier dispute resolution clauses in construction contracts The rise of arbitral institutions and their role in private dispute resolution Arbitration and the expanding circle of consenting parties: joinder of additional parties and consolidation of related claims Multi-party arbitration under institutional rules Role of expert witnesses in construction arbitration: delay and disruption and quantum issues Construction contracts as ‘investments’ for the purposes of investment treaty arbitrations Expropriation of contractual rights in investment treaty arbitration The enforcement of foreign arbitral awards: main recent developments and prospectives Recognition and enforcement of domestic and foreign arbitral awards in the Middle East Remedies at the seat and enforcement of international arbitral awards: res judicata, issue estoppel and abuse of process in English law Dispute boards Enforcement of DAB decisions under the FIDIC 1999 Forms of Contract Emergency arbitration and the interplay with other pre-arbitral mechanisms
£308.75
Mohr Siebeck GmbH & Co. K Die internationale Zuständigkeit bei digitalen Gütern
£84.15
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 Global Governance
Book SynopsisGlobal governance emerged as a concept more than two decades ago. Despite its relevance to key processes underlying the major public policy questions of our age, the contours of 'global governance' remain contested and elusive. This Research Review seeks to clarify key trends and challenges in global governance by bringing together the leading scholarship on its different forms. The Research Review discusses key issues in relation to global governance institutions: democracy, legitimacy, accountability, fragmentation, effectiveness and dispute settlement.Trade Review‘This remarkable collection brings together the most important and topical contributions in the increasingly salient area of global governance. Marx and Wouters chart the changing theoretical global governance debates across a number of social science disciplines and explore variance in governance solution across a number of policy domains. It will be a must-read for scholars and students of International Law, International Public Policy, Politics and Business.’Table of ContentsContents: Introduction Axel Marx and Jan Wouters PART I what is Global Governance? 1. James N. Rosenau (1995), ‘Governance in the Twenty-first Century’, Global Governance, 1 (1), Winter, 13–43 2. Klaus Dingwerth and Phillip Pattberg (2006), ‘Global Governance as a Perspective on World Politics’, Global Governance, 12 (2), April–June, 185–203 3. Thomas G. Weiss (2000), ‘Governance, Good Governance and Global Governance: Conceptual and Actual Challenges’, Third World Quarterly, 21 (5), 795–814 4. Kenneth Abbott and Duncan Snidal (2000), ‘Hard and Soft Law in International Governance’, International Organization, 54 (3), Summer, 421–56 5. Kenneth Abbott, Robert O. Keohane, Andrew Moravcsik, Anne-Marie Slaughter and Duncan Snidal (2000), ‘The Concept of Legalization’, International Organization, 54 (3), Summer, 401–19 6. Jan Klabbers (2015), ‘The EJIL Foreword: The Transformation of International Organizations Law’, European Journal of International Law, 26 (1), 9–82 7. Benedict Kingsbury, Nico Krisch and Richard B. Stewart (2005), ‘The Emergence of Global Administrative Law’, Law and Contemporary Problems, 68 (3/4), Summer–Autumn, 15–61 8. Anne Peters (2005), ‘Global Constitutionalism Revisited’, International Legal Theory, 11, Fall, 39–67 9. Joost Pauwelyn, Ramses A. Wessel and Jan Wouters (2014), ‘When Structures Become Shackles: Stagnation and Dynamics in International Lawmaking’, European Journal of International Law, 25 (3), 733–63 PART II hierarchy – International Organizations 10. Kenneth W. Abbott and Duncan Snidal (1998), ‘Why States Act Through Formal International Organizations’, Journal of Conflict Resolution, 42 (1), February, 3–32 11. Harold Hongju Koh (1997), ‘Why Do Nations Obey International Law?’, Yale Law Journal, 106 (8), 2599–659 12. Jan Wouters and Phillip De Man (2011), ‘International Organizations as Law–Makers’, in Jan Klabbers and Åsa Wallendahl (eds), Research Handbook on the Law of International Organizations, Chapter 8, Cheltenham, UK and Northampton, MA, USA: Edward Elgar Publishing, 190–224 13. Kevin B. Davis, Benedict Kingsbury and Sally Engle Merry (2012), ‘Introduction: Global Governance by Indicators’, in K. Davis, A. Fisher, B. Kingsbury and S.E. Merry (eds), Governance by Indicators, Global Power through Quantification and Rankings, Chapter 1, Oxford, UK: Oxford University Press, 3–28 14. Kenneth W. Abbott, Phillip Genschel, Duncan Snidal and Bernard Zangl (2015), ‘Orchestrating Global Governance: From Empirical Findings to Theoretical Implications’, in International Organizations as Orchestrators, Chapter 14, Cambridge, UK: Cambridge University Press, 349–79, references 15. Griánne De Búrca, Robert O. Keohane and Charles Sabel (2014), ‘Global Experimentalist Governance’, British Journal of Political Science, 44 (3), 477–86 PART III NETWORKS: NETWORK FORM OF GLOBAL GOVERNANCE 16. Felicity Vabulas and Duncan Snidal (2013), ‘Organization without Delegation: Informal Intergovernmental Organizations (IIGOs) and the Spectrum of Intergovernmental Arrangements’, Review of International Organizations, 8 (2), 193–220 17. Anne-Marie Slaughter and David Zaring (2006), ‘Networking Goes International: An Update’, Annual Review of Law and Social Science, 2, 211–29 18. Leonardo Martinez-Diaz and Ngaire Woods (2009), ‘Introduction: Developing Countries in a Networked Global Order’, in Networks of Influence? Developing Countries in a Networked Global Order, Oxford, UK: Oxford University Press, 1–18 19. Reeve T. Bull, Neysun A. Mahboubi, Richard B. Stewart and Jonathan B. Wiener (2015), ‘New Approaches to International Regulatory Cooperation: The Challenge of TTIP, TPP and Mega-Regional Trade Agreements’, Law and Contemporary Problems, 78 (4), 1–29 PART IV MARKETS: PRIVATE FORMS OF GLOBAL GOVERNANCE [298 pp] 20. Kenneth W. Abbott and Duncan Snidal (2009), ‘Strengthening International Regulation Through Transnational New Governance: Overcoming the Orchestration Deficit’, Vanderbilt Journal of Transnational Law, 42 (2), 501–78 21. David Vogel (2008), ‘Private Global Business Regulation’, Annual Review of Political Science, 11, 261–82 22. Fabrizio Cafaggi (2013), ‘The Regulatory Functions of Transnational Commercial Contracts: New Architectures’, Fordham International Law Journal, 36 (6), 1557–1618 23. Walter Mattli and Tim Büthe (2003), ‘Setting International Standards: Technological Rationality or Primacy of Power?’, World Politics, 56 (1), October, 1–42 24. Margaret M. Blair, Cynthia A. Williams and Li–Wen Lin (2008), ‘The New Role for Assurance Services in Global Commerce’, Journal of Corporation Law, 33 (2), 325–60 25. Michael P. Vandenbergh (2007), ‘The New Wal–Mart Effect: The Role of Private Contracting in Global Governance’, UCLA Law Review, 54 (4), April, 913–70 Volume II Contents Introduction An introduction to both volumes by the editors appears in volume 1 PART I Democracy 1. Andrew Moravcsik (2004), ‘Is There a ‘Democratic Deficit’ in World Politics? A Framework for Analysis’, Government and Opposition, 39 (2), 336–63 2. B. S. Chimni (2004), ‘International Institutions Today: An Imperial Global State in the Making’, European Journal of International Law, 15 (1), 1–37 3. Klaus Dingwerth (2014), ‘Global Democracy and the Democratic Minimum: Why a Procedural Account Alone is Insufficient’, European Journal of International Relations, 20 (4), 1124–47 4. Andreas Føllesdahl (2009), ‘When Common Interests are not Common: Why the Global Basic Structure Should be Democratic’, Indiana Journal of Global Legal Studies, 16 (2), Summer, 585–604 5. Steven Wheatley (2011), ‘A Democratic Rule of International Law’, European Journal of International Law, 22 (2), 525–48 PART II Legitimacy 6. Michael Zürn (2004), ‘Global Governance and Legitimacy Problems’, Government and Opposition, 39 (2), 260–87 7. Allen Buchanan and Robert O. Keohane (2006), ‘The Legitimacy of Global Governance Institutions’, Ethics and International Affairs, 20 (4), Winter, 405–37 8. Jonathan G. S. Koppell (2008), ‘Global Governance Organizations: Legitimacy and Authority in Conflict’, Journal of Public Administration Research and Theory, 18 (2), April, 177–203 9. Mattias Kumm (2004), ‘The Legitimacy of International Law: A Constitutionalist Framework or Analysis’, European Journal of International Law, 15 (5), 907–31 10. Steven Bernstein (2011), ‘Legitimacy in Intergovernmental and Non-state Global Governance’, Review of International Political Economy, 18 (1), 17–51 PART III Accountability 11. Mark Bovens (2007), ‘Analysing and Assessing Accountability: A Conceptual Framework’, European Law Journal, 13 (4), July, 447–68 12. Richard B. Stewart (2014), ‘Remedying Disregard in Global Regulatory Governance: Accountability Participation, and Responsiveness ’, American Journal of International Law, 108 (2), April, 211–70 13. Ruth W. Grant and Robert O. Keohane (2005), ‘Accountability and Abuses of Power in World Politics’, American Political Science Review, 99 (1), February, 29–43 14. Graeme Auld and Lars H. Gulbrandsen (2010), ‘Transparency in Nonstate Certification: Consequences for Accountability and Legitimacy’, Global Environmental Politics, 10 (3), August, 97–119 PART IV RESOLVING CONFLICTS AND SETTLING DISPUTES 15. Alex Stone Sweet and Florian Grisel (2014), ‘The Evolution of International Arbitration: Delegation, Judicialization, Governance’, in Walter Matti and Thomas Dietz (eds), International Arbitration and Global Governance: Contending Theories and Evidence, Chapter 2, Oxford, UK: Oxford University Press, 22–46 16. Laurence R. Helfer and Anne–Marie Slaughter (1997), ‘Toward a Theory of Effective Supranational Adjudication’, Yale Law Journal, 107 (2), November, 273–391 17. Karen J. Alter (2012), ‘The Global Spread of European Style International Courts’, West European Politics, 35 (1), January, 135–54 18. Barbara Koremenos (2007), ‘If Only Half of International Agreements have Dispute Resolution Provisions, Which Half Needs Explaining?’, Journal of Legal Studies, 36 (1), January, 189–212 19. Geir Ulfstein (2014), ‘International Courts and Judges: Independence, Interaction, and Legitimacy’, New York University Journal of International Law and Politics, 46 (3), 849–66 PART V FRAGMENTATION AND GRIDLOCK 20. Martti Koskenniemi (2006), ‘Fragmentation of International Law: Difficulties Arising From the Diversification and Expansion of International Law’, International Law Commission, 58th Session, 1, 8–34 21. Andreas Fischer–Lescano and Gunther Teubner (2004), ‘Regime-Collisions: The Vain Search for Legal Unity in the Fragmentation of Global Law’, Michigan Journal of International Law, 25 (4), Summer, 999–1046 22. Frank Biermann, Phillip Pattberg, Harro van Asselt and Fariborz Zelli (2009), ‘The Fragmentation of Global Governance Architectures: A Framework for Analysis’, Global Environmental Politics, 9 (4), November, 14–40 23. Thomas Hale and David Held (2012), ‘Gridlock and Innovation in Global Governance: The Partial Transnational Solution’, Global Policy, 3 (2), May, 169–81 PART VI EFFECTIVENESS 24. Jon Birger Sjaerseth, Olav Schram Stokke and Jorgen Wettestad (2006), ‘Soft Law, Hard Law, and Effective Implementation of International Environmental Norms’, Global Environmental Politics, 6 (3), August, 104–20 25. Steven Bernstein and Benjamin Cashore (2012), ‘Complex Global Governance and Domestic Policies: Four Pathways of Influence’, International Affairs, 88 (3), 585–604 26. Helmut Breitmeier. Arild Underdal and Oran R. Young (2011), ‘The Effectiveness of International Environmental Regimes: Comparing and Contrasting Findings from Quantitative Research’, International Studies Review, 13 (4), December, 579–605 27. Daniel W. Drezner (2014), ‘ Yes, the System Worked’ in The System Worked: How the World Stopped Another Great Depression, Chapter 2, Oxford, UK: Oxford University Press, 24–56, notes, references Index
£614.00
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
