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Although international arbitration is widely hailed as an efficient, confidential and flexible way of settling commercial disputes, it has its limits. The arbitral tribunal's lack of coercive power is thrown into particularly stark relief when it comes to the taking of evidence from third parties outside the arbitral proceedings. If they do not comply voluntarily with the request of the arbitral tribunal to testify as a witness or disclose documents, assistance must be sought from state courts. As the success of a case hinges on the evidence that a party can obtain, it is crucial to understand how to obtain evidence through state courts. At the heart of this work is the question of the conditions under which state courts may offer assistance in international arbitral proceedings. With a special focus on Switzerland and comparative aspects, this book provides helpful tactical insights for arbitral practitioners around the world.

Arbitration (International law) --- International law

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La présente publication est le deuxième volume du Recueil des arrêts, ordonnances et avis consultatifs de la Cour africaine des droits de l’homme et des peuples. Ce volume inclut les décisions rendues par la Cour africaine au cours de la période allant de 2017 à 2018. Ce volume contient tous les arrêts, auxquels sont jointes les opinions individuelles et dissidentes, ainsi que les avis consultatifs, décisions, ordonnances de procédure et ordonnances portant mesures provisoires rendus par la Cour au cours de la période considérée. Chaque affaire inclut un bref résumé de la décision, suivi des mots clés indiquant les paragraphes auxquels la Cour se prononce sur la question examinée. Un index de sujets figurant en début du recueil indique les affaires relatives à des questions juridiques particulières. L’index est divisé en sections consacrées aux principes généraux et à la procédure ainsi qu’aux questions de fond.

Arbitration (International law) --- International law. --- Permanent Court of International Justice.

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This volume aims to provide a detailed explanation of the effects of cooperation and coordination on international multiparty mediation in conflicts. Contemporary scholarship stresses that the crucial ingredients for a successful multiparty mediation are ‘consistency in interests’ and ‘cooperation and coordination’ between mediators. This book seeks to supplement that understanding by investigating how much the ‘consistency of interests’ and ‘cooperation and coordination’ affect the overall process, and what happens to the mediation process when mediating parties do not share the same idea and interest in finding a common solution. At the same time, it explores the obstacles in achieving coordination and coherence between various mediators in such an environment and how to surmount the problems that multiple mediators face when operating without a ‘common script’ in attempting to mediate a negotiated settlement. The study investigates three distinct mechanisms (both on the systemic and contextual level) that have the potential to deter defection from a (potential) member of the multiparty mediation coalition: geo-political shifts, changes in the conflict dynamics, and mediators’ ability to bargain for a cooperative relationship. As the number of states and international actors that are involved in mediation increases, a careful assessment is necessary not only of their relative institutional strengths and weaknesses, but also of how to promote complementary efforts and how to synchronize the whole process when one actor is transferring the responsibilities for mediation to others. This book will be of much interest to students of mediation, conflict management, war and conflict studies, security studies and IR.

Mediation, International. --- Mediation, International --- Conflict management. --- Conflict management --- Conflict control --- Conflict resolution --- Dispute settlement --- Management of conflict --- Managing conflict --- Management --- Negotiation --- Problem solving --- Social conflict --- Crisis management --- Conciliation, International --- International conciliation --- International mediation --- Mediation --- Arbitration (International law) --- Law and legislation --- conflict --- international cooperation --- international coordination --- mulitparty mediation

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This monograph examines regional, multilateral track two dialogues in the Middle East and South Asia that are focused on arms control and other cooperative security measures. Unofficial policy discourse, or track two diplomacy, is an increasingly important part of the changing international security landscape, with the potential to raise new ideas and solutions to conflicts that, over time, may influence official policy. Talking to the Enemy considers how track two efforts in South Asia and the Middle East have socialized participants into thinking about security in more cooperative terms, and

International relations. Foreign policy --- Peaceful settlement of international disputes --- Polemology --- Middle East --- South Asia --- Track two diplomacy --- Conflict management --- Arab-Israeli conflict --- Mediation, International. --- Security, International. --- Collective security --- International security --- International relations --- Disarmament --- International organization --- Peace --- Conciliation, International --- International conciliation --- International mediation --- Mediation, International --- Mediation --- Arbitration (International law) --- Conflict control --- Conflict resolution --- Dispute settlement --- Management of conflict --- Managing conflict --- Management --- Negotiation --- Problem solving --- Social conflict --- Crisis management --- Arab-Israeli peace process --- Mid-East peace process --- Middle East peace process --- Middle Eastern peace process --- Peace process in the Middle East --- Peace. --- Law and legislation

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In 1885, Germany and Portugal became neighbours in Africa. The newly founded colony of German Southwest Africa prevented the southwards expansion of the ancient colony of Angola. The border along the Cunene and Kavango Rivers remained under dispute. After the outbreak of World War I in Europe, Portugal’s neutrality was questioned in German Southwest Africa, and when a group of German officials waiting near the border of Angola for food transports were shot in the Angolan fortress Naulila, a state of war between both colonies seemed inevitable. German troops launched several military reprisals against fortresses in southern Angola, most significantly against Naulila in December 1914. After their victory at Naulila, the Germans retreated to GSWA. However, African powers, most notably Kwanyama forces led by King Mandume, used the weakness of the defeated Portuguese army to expel the colonial troops from southern Angola. In 1915, a counter-offensive was launched with troops from Portugal that ended with the complete occupation of Kwanyama territories. After the war, a Luso-German arbitration procedure according to the Treaty of Versailles (1919) assessed the damages in Angola and Germany’s responsibility to pay reparations. The arbitration award of 1928 that established Germany’s responsibility for the violation of international law when attacking Naulila became a landmark case. It still holds relevance for modern international law. The final part of this book analyses the memorial culture that developed in Angola, Namibia, Germany and Portugal around the war in 1914/15.

Angola --- World War I --- arbitration --- colonialism --- international law --- memorial culture --- International law --- Arbitration (International law) --- World War, 1914-1918 --- Law of nations --- Nations, Law of --- Public international law --- Law --- Arbitration, International --- International arbitration --- International political arbitration --- Pacific settlement of international disputes --- International commissions of inquiry --- Jurisdiction (International law) --- Mediation, International --- History --- Campaigns --- Portugal --- Claims vs. Germany. --- Portugalii︠a︡ --- República Portuguesa --- Portugalia --- Portogalia --- Portogallo --- Portugali --- Sefarad --- Lusitania (Portugal) --- Portuguese Republic --- البرتغال --- al-Burtughāl --- برتغال --- Burtughāl --- الجمهورية البرتغالية --- al-Jumhūrīyah al-Burtughālīyah --- جمهورية البرتغالية --- Jumhūrīyah al-Burtughālīyah --- 葡萄牙 --- Putaoya --- 葡萄牙共和国 --- Putaoya Gongheguo --- Portugalsko --- Portugalská republika --- République portugaise --- Portugiesische Republik --- Portugál Köztársaság --- Repubblica Portoghese --- ポルトガル共和国 --- Porutogaru Kyōwakoku --- 포르투갈 --- P'orŭt'ugal --- 포르투갈공화국 --- P'orŭt'ugal Konghwaguk --- پرتغال --- Purtughāl --- جمهوري پرتغال --- Jumhūrī-i Purtughāl --- Republika Portugalska --- Португалия --- Португальская Республика --- Portugalʹskai︠a︡ Respublika --- Portekiz --- Portekiz Cumhuriyeti --- Republica Portugheză --- ポルトガル --- Porutogaru --- פורטוגל