Interaccion Entre Mediacion Y Arbitraje En La Resolucion De Los Litigios Internacionales Del Siglo Xxi
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Author | : Carlos Esplugues Mota |
Publisher | : |
Total Pages | : 0 |
Release | : 2014 |
Genre | : Arbitration (International law) |
ISBN | : 9781780681399 |
The promotion of Alternative Dispute Resolution (ADR) mechanisms is strongly linked to the idea of justice in the 21st century. National and international legislators increasingly offer new responses in this area, with the aim of providing citizens with the opportunity to resolve their disputes outside State courts. Indeed, the global notion of ADR includes a multiplicity of institutions which have in common the purpose of facilitating the settlement of disputes outside courts. However, such generic references to ADR mechanisms, as well as the perceived centrality of the European approach, obscure important differences in the use, regulation, and underlying philosophy of ADR in many countries of the world. This book focuses on a set of countries which accounts for more than half of international world trade. It examines the various ADR devices present in relevant countries, including the US, Australia, China, England, Hong Kong, India, Indonesia, Ireland, Japan, the Philippines, Singapore, South Korea, and Thailand. The book provides an in-depth analysis of the regulation of ADR in all these countries. Every chapter on national law analyzes subjects covered by ADR devices, the existing legal regime, and its solutions and problems. Written by leading practitioners and scholars, the book provides a clear image of the existing framework from a legal, theoretical, and practical standpoint. It will be essential for all those wanting to understand the reality of ADR in some of the most economically important countries of the world. [Subject: Alternative Dispute Resolution, International Law, Comparative Law, Commercial Law]
Author | : X.E. Kramer |
Publisher | : Springer Science & Business Media |
Total Pages | : 381 |
Release | : 2012-02-02 |
Genre | : Law |
ISBN | : 906704816X |
Globalization of legal traffic and the inherent necessity of having to litigate in foreign courts or to enforce judgments in other countries considerably complicate civil proceedings due to great differences in civil procedure. This may consequently jeopardize access to justice. This triggers the debate on the need for harmonization of civil procedure. In recent years, this debate has gained in importance because of new legislative and practical developments both at the European and the global level. This book discusses the globalization and harmonization of civil procedure from the angles of legal history, law and economics and (European) policy. Attention is paid to the interaction with private law and private international law, and European and global projects that aim at the harmonization of civil procedure or providing guidelines for fair and efficient adjudication. It further includes contributions that focus on globalization and harmonization of civil procedure from the viewpoint of eight different jurisdictions. This book is an unique combination of theory and practice and valuable for academic researchers in the area of civil procedure, private international law, international law as well as policy makers (national and EU), lawyers, judges and bailiffs.
Author | : Elizabeth Jelin |
Publisher | : Routledge |
Total Pages | : 238 |
Release | : 2020-10-18 |
Genre | : Civil rights |
ISBN | : 9780367159245 |
This book analyzes the impact of past human rights violations on consolidation of new democracies. It focuses on the emergence of an international network of human rights organizations and on the strategic responses of Latin American militaries to international pressures to respect human rights.
Author | : |
Publisher | : |
Total Pages | : 271 |
Release | : 1992 |
Genre | : Capitalism |
ISBN | : |
Author | : Neil Andrews |
Publisher | : |
Total Pages | : 0 |
Release | : 2019 |
Genre | : Civil procedure |
ISBN | : 9781780686844 |
Andrews on Civil Processes is a fresh and stimulating examination of Civil Justice, embracing court proceedings, mediation, and arbitration. A critical and principled treatment of the subject made possible by extensive knowledge not only in the English methods and techniques but also in foreign civil procedural laws.The work guides the reader through the practice of dispute resolution in all its major forms - public and private, adjudicative and conciliatory and thus provides a complete picture of the court and arbitration systems, and of the developing technique of mediation. It is an outward-looking work and advisors seeking further leads are assisted by detailed citation of primary sources and rich bibliographical references to national and foreign works.As a fundamental and systematic treatment of the subject by a leading expert, this fully revised and updated 2nd edition is an essential work of reference for litigation advisors, judges, commentators, and students. As many non-resident parties choose to conduct arbitration in London or bring proceedings before the English High Court, notably the Commercial Court, the clear and well-ordered structure of Andrews of Civil Process is also of interest to the lawyers beyond England and Wales.
Author | : Jeffrey Golden |
Publisher | : Oxford University Press, USA |
Total Pages | : 0 |
Release | : 2015 |
Genre | : Law |
ISBN | : 9780199687862 |
The first book to focus on the arbitration of international financial disputes, this work provides an invaluable reference work on issues that are particularly relevant to claims involving financial products.
Author | : |
Publisher | : IOS Press |
Total Pages | : 164 |
Release | : 2008-11-03 |
Genre | : Law |
ISBN | : 1607503778 |
This volume in the NATO Science for Peace and Security Series contains the papers of the Advanced Training Course (ATC) ‘Legal Aspects of Combating Terrorism’. The purpose of this course was to support NATO on defence issues related to terrorism and united experts from various disciplines to give participants an understanding of how the various dimensions of the laws and their application fit together. In addition to the lectures that can be found in this book, the course was divided into three modules: the legal response to terrorism in general terms; combating terrorism using lawful means; and harmonizing the Law of Armed Conflict (LAC), national laws and NATO in the fight against terrorism. One of the main questions dealt with in this work is whether, in the face of the new threat, terrorism should still be countered through the ordinary means of criminal law, or whether there should be a significant shift in enforcement methods, including a less multilateral approach to decision-making and an increased use of military force.
Author | : |
Publisher | : |
Total Pages | : |
Release | : 2021 |
Genre | : |
ISBN | : 9780414103375 |
Author | : Robert W. Whitney |
Publisher | : UNC Press Books |
Total Pages | : 276 |
Release | : 2001 |
Genre | : History |
ISBN | : 9780807849255 |
Between 1920 and 1940, Cuba underwent a remarkable transition, moving from oligarchic rule to a nominal constitutional democracy. The events of this period are crucial to a full understanding of the nation's political evolution, yet they are often glossed
Author | : |
Publisher | : Universal Law Publishing |
Total Pages | : 132 |
Release | : 2009 |
Genre | : |
ISBN | : 9788175347465 |