Flexibility In International Dispute Settlement

Author : Christian Tomuschat
Publisher :
ISBN 13 : 9789004433113
Total Pages : 291 pages
Book Rating : 4.12/5 ( download)

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Download or read book Flexibility in International Dispute Settlement written by Christian Tomuschat and published by . This book was released on 2020 with total page 291 pages. Available in PDF, EPUB and Kindle. Book excerpt: "In recent years, the tendency has been to settle international disputes by informal methods. Among those methods conciliation has seen a successful revival, after many years of decline, in the case of Timor Leste v. Australia while inter-State complaint proceedings under the UN-sponsored human rights treaties have unexpectedly reached their merits stage of conciliation. The present book takes stock of these developments by portraying, at the same time, the potential of the OSCE Court of Conciliation and Arbitration which still remains to be fully activated. Additionally, the contributions reach out to geographical areas in Africa and Asia. An analysis of the relevant procedural mechanisms completes the study to which 14 authors from nine different countries have contributed"--

Author : Anselmo Reyes
Publisher : Cambridge University Press
ISBN 13 : 1108490603
Total Pages : 545 pages
Book Rating : 4.03/5 ( download)

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Download or read book Multi-Tier Approaches to the Resolution of International Disputes written by Anselmo Reyes and published by Cambridge University Press. This book was released on 2021-12-16 with total page 545 pages. Available in PDF, EPUB and Kindle. Book excerpt: Provides a comprehensive global survey on multi-tier dispute resolution, examining its trends, its strengths and weaknesses, and the way forward.

Author : Christian Tomuschat
Publisher : BRILL
ISBN 13 : 9004312110
Total Pages : 257 pages
Book Rating : 4.11/5 ( download)

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Download or read book Conciliation in International Law written by Christian Tomuschat and published by BRILL. This book was released on 2016-11-17 with total page 257 pages. Available in PDF, EPUB and Kindle. Book excerpt: This volume collects the materials underlying the International Colloquium “Conciliation in the Globalized World of Today“, held on 11 and 12 June 2015 in Vienna under the auspices of the Court of Conciliation and Arbitration within the OSCE. The aim of the Colloquium was to examine the merits and possible shortcomings of this method of conflict resolution, and it concluded that the pros heavily outweigh the cons.

Author : Joachim Zekoll
Publisher : Martinus Nijhoff Publishers
ISBN 13 : 9004281177
Total Pages : 424 pages
Book Rating : 4.72/5 ( download)

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Download or read book Formalisation and Flexibilisation in Dispute Resolution written by Joachim Zekoll and published by Martinus Nijhoff Publishers. This book was released on 2014-09-25 with total page 424 pages. Available in PDF, EPUB and Kindle. Book excerpt: Formal law versus informal justice – these are two frequently invoked labels to highlight the distinction between court-based and “alternative” dispute resolution (ADR). Indeed, it appears to be all but a truism to assume that ADR has developed as a more flexible and creative alternative to rigid and formalised judicial proceedings. In Formalisation and Flexibilisation in Dispute Resolution scholars from four continents examine both historical and recent developments that cast doubt on the validity of these widespread assumptions. They not only explore trends towards an increased formalisation of ADR procedures but also address the tendencies of state civil justice systems to adopt flexible and informal tools for the resolution of disputes in the courts. Editors Joachim Zekoll, Moritz Bälz and Iwo Amelung have divided the book into three Parts. Part One seeks to develop the general theme of formalisation from several angles, including a socio-legal perspective, the public-private divide, the regulatory challenges and potential tensions with the rule of law. The emphasis of Part Two is on the historical emergence of formal and informal dispute resolution instruments in several legal and cultural contexts. Historical roots, be they genuine or construed, also play a role in the other two parts of the book, but in this part, they take centre stage. Finally, Part Three features chapters which address and elaborate on specific applications such as ADR as means of consumer dispute resolution and arbitration in transnational investment disputes. While the contributions to the first two parts of this volume already raise normative questions in some respects, this final part evaluates and passes judgement on the potential merits and deficits of ADR in a variety of specific settings.

Author : Daniel Druckman
Publisher : Sage Publications
ISBN 13 : 9780761901341
Total Pages : 250 pages
Book Rating : 4.45/5 ( download)

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Download or read book Flexibility in International Negotiation and Mediation written by Daniel Druckman and published by Sage Publications. This book was released on 1995 with total page 250 pages. Available in PDF, EPUB and Kindle. Book excerpt: Since 1889, The American Academy of Political and Social Science has served as a forum for the free exchange of ideas among the well informed and intellectually curious. In this era of specialization, few scholarly periodicals cover the scope of societies and politics like The ANNALS. Each volume is guest edited by outstanding scholars and experts in the topics studied and presents more than 200 pages of timely, in-depth research on a significant topic of concern-- http://ann.sagepub.com.

Author : Yoshifumi Tanaka
Publisher : Cambridge University Press
ISBN 13 : 1316732525
Total Pages : 465 pages
Book Rating : 4.26/5 ( download)

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Download or read book The Peaceful Settlement of International Disputes written by Yoshifumi Tanaka and published by Cambridge University Press. This book was released on 2018-01-11 with total page 465 pages. Available in PDF, EPUB and Kindle. Book excerpt: Addressing not only inter-state dispute settlement but also the settlement of disputes involving non-State actors, The Peaceful Settlement of International Disputes offers a clear and systematic overview of the procedures for dispute settlement in international law. In light of the diversification of dispute settlement procedures, traditional means of international dispute settlement are discussed alongside newly developing fields such as the dispute settlement system under the United Nations Convention on the Law of the Sea, the WTO dispute settlement systems, the peaceful settlement of international environmental disputes, intra-state disputes, mixed arbitration, the United Nations Compensation Commission, and the World Bank Inspection Panel. Figures are used throughout the book to help the reader to better understand the procedures and institutions of international dispute settlement, and suggestions for further reading support exploration of relevant issues. Suitable for postgraduate law and international relations students studying dispute settlement in international law and conflict resolution, this book helps students to easily grasp key concepts and issues.

Author : Christian Tomuschat
Publisher : BRILL
ISBN 13 : 9004433139
Total Pages : 307 pages
Book Rating : 4.37/5 ( download)

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Download or read book Flexibility in International Dispute Settlement written by Christian Tomuschat and published by BRILL. This book was released on 2020-07-13 with total page 307 pages. Available in PDF, EPUB and Kindle. Book excerpt: Conciliation has recently seen a successful revival. It provides States with a flexible remedy to peacefully settle their disputes with neighbouring States. The most prominent mechanism for that purpose is the OSCE Court of Conciliation and Arbitration, unused until today.

Author : Mariel Dimsey
Publisher : Eleven International Publishing
ISBN 13 : 9077596526
Total Pages : 305 pages
Book Rating : 4.24/5 ( download)

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Download or read book The Resolution of International Investment Disputes written by Mariel Dimsey and published by Eleven International Publishing. This book was released on 2008 with total page 305 pages. Available in PDF, EPUB and Kindle. Book excerpt: This work deals with the current state of investment dispute resolution and analyzes the problems associated with investor-state arbitration. The author examines developments in the existing legal framework and looks at the mechanisms under existing domestic and international systems - such as judicial review and class actions - to see if these can be applied to investment dispute resolution. The author concludes that the features of traditional arbitration are not flexible enough to meet the needs of this modern form of international dispute resolution. Investment arbitration is now entering a new phase of its development. The traditional, typically arbitration-related issues of consent, privity, and confidentiality are making room for the now more important questions of disclosure, transparency, legal certainty, and consistency. The author calls for setting up a "model procedure," specifically created for international investment disputes as this would enable the establishment of a "tailor-made" process for this ever-growing area of law.

Author : Gilles Cuniberti
Publisher : Edward Elgar Publishing
ISBN 13 : 1786432404
Total Pages : 256 pages
Book Rating : 4.07/5 ( download)

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Download or read book Rethinking International Commercial Arbitration written by Gilles Cuniberti and published by Edward Elgar Publishing. This book was released on 2017-05-26 with total page 256 pages. Available in PDF, EPUB and Kindle. Book excerpt: Arbitration is the normal and preferred mode for resolving international commercial disputes. It presents an essential advantage over national courts by offering neutrality of adjudication, but is currently only available where both parties have consented to it. This innovative book proposes a fundamental rethink of this assumption and argues that arbitration should become the default mode of resolution in international commercial disputes.

Author : Pasquale Pistone
Publisher :
ISBN 13 : 9789087226640
Total Pages : pages
Book Rating : 4.40/5 ( download)

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Download or read book Flexible Multi-tiers Dispute Resolution in International Tax Disputes written by Pasquale Pistone and published by . This book was released on 2020 with total page pages. Available in PDF, EPUB and Kindle. Book excerpt: