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Author: Christian Tomuschat Publisher: ISBN: 9789004433113 Category : Law Languages : en Pages : 291
Book Description
"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: Christian Tomuschat Publisher: ISBN: 9789004433113 Category : Law Languages : en Pages : 291
Book Description
"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: 1108490603 Category : Law Languages : en Pages : 545
Book Description
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: 9004312110 Category : Law Languages : en Pages : 257
Book Description
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: 9004281177 Category : Law Languages : en Pages : 424
Book Description
In Formalisation and Flexibilisation in Dispute Resolution, scholars from four continents examine both historical and recent developments that cast doubt on the validity of the widespread assumption that alternative dispute resolution (ADR) can be distinguished from state-based proceedings by invoking the contrasting labels of informal justice versus formal law.
Author: Daniel Druckman Publisher: Sage Publications ISBN: 9780761901341 Category : Diplomatic negotiations in international disputes Languages : en Pages : 250
Book Description
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: Christian Tomuschat Publisher: BRILL ISBN: 9004433139 Category : Law Languages : en Pages : 307
Book Description
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: Yoshifumi Tanaka Publisher: Cambridge University Press ISBN: 1316732525 Category : Law Languages : en Pages : 465
Book Description
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: Mariel Dimsey Publisher: Eleven International Publishing ISBN: 9077596526 Category : Arbitration and award, International Languages : en Pages : 305
Book Description
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: 1786432404 Category : LAW Languages : en Pages : 256
Book Description
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: Christian Tomuschat
Author: Christian Tomuschat
Author: Anselmo Reyes
Author: Christian Tomuschat
Author: Joachim Zekoll
Author: Daniel Druckman
Author: Christian Tomuschat
Author: Yoshifumi Tanaka
Author: Mariel Dimsey
Author: Gilles Cuniberti
Author: Pasquale Pistone