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Book
Rechtsnormen und Legitimität in der Friedensmediation
Author:
ISBN: 3748929501 3848788950 Year: 2022 Publisher: Baden-Baden : Nomos,

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"Friedensmediation findet nicht im rechtsfreien Raum statt, aber vielfach in einem normkritischen oder sogar normaversen Praxisumfeld. Dem wird in diesem Werk gegenübergestellt, dass Rechtskonformität einen Beitrag zu erfolgreicher und legitimer Mediation leistet und dass die Mediation dieser Legitimität auch bedarf, weil sie selbst nachhaltigen Einfluss ausübt. Diesem Legitimationsbedarf kann jedoch ohne die Berücksichtigung rechtlicher Normen nicht Genüge getan werden. Dieser Umstand wird ebenso dargelegt wie die Legitimationsfragen, denen sich rechtliche Normen selbst ausgesetzt sehen und die somit das legitimatorische Potential für die Friedensmediation begrenzen."--Verl.


Book
Contemporary issues in international arbitration and mediation
Authors: ---
ISBN: 9789004230125 9004230122 9786613863690 9004231269 1283551241 9789004231269 9781283551243 6613863696 Year: 2012 Publisher: Leiden Brill

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The 2011 volume of Contemporary Issues in International Arbitration and Mediation - The Fordham Papers is a collection of important works in the field written by the speakers at the 2011 Fordham Law School Conference on International Arbitration and Mediation. The 26 papers are organized into the following five parts: Keynote Presentation: George Bermann Part I: Investor-State Arbitration, R. Doak Bishop, Margrete Stevens, Alexis Mourre, Lucy F. Reed, Giorgio Francesco Mandelli. Part II: Complex International Commercial Arbitration, Gerald Aksen, James E. Castello, Rocio Digon, Bernard Hanotiau, Dr. Julian D M Lew QC, Pedro J. Martinez-Fraga. Part III: New Rules in International Arbitration, Jason Fry, Victoria Shannon, Catherine Kessedjian, David W. Rivkin, Catherine A. Rogers, Arthur W. Rovine. Part IV: Arbitration in the BRIC Countries, Grant Hanessian, Joaquim de Paiva Muniz, Roman Khodykin, Zia Moody, Shreyas Jayasimha, Andrew Aglionby. Part V: Mediation, Simeon Baum, Jeremy Lack, Joseph T. McLaughlin, Jacqueline Nolan-Haley, Brian Speers, Colin Caughey, Nathan Witkin.


Book
Außergerichtliche Konfliktlösung in der Antike : Beispiele aus drei Jahrtausenden
Authors: ---
ISBN: 3944773187 394477308X Year: 2017 Publisher: Frankfurt am Main Max Planck Institute for Legal History and Legal Theory

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"Antiquity is often utilized as a reference to provide a historical dimension for contemporary phenomena. This also holds true for the prevailing scientific discourse on alternative or adequate remedies of dispute resolution. In this context, historical perspectives seem to be in vogue as narratives to legitimize one or another role model, whereas studies on practical examples from ancient legal orders tend not to be given serious consideration in the current debate.Just as in the case of contemporary legal research, ancient legal history also distinguishes litigation at court from other mechanisms of conflict resolution. Nevertheless, where do the boundaries of judicial and extra-judicial mechanisms of dispute resolution lie within the framework of ancient societies? Are they alternatives in a narrower sense? Is there evidence for concerning the reason there was no (or at least no exclusive) judicial decision? This volume offers a selection of studies of pertinent illustrative material pertaining to these questions. While the relevant sources stemming from the prehistorical period, the Ancient Near East, Hellenistic Egypt and Classical Roman law may vary greatly, this just serves to widen our perspective on ancient times.Heidi Peter-Röcher focuses on strategies of conflict resolution in prehistoric times corresponding to different forms of violence. Hans Neumann, Susanne Paulus, Lena Fijałkowska and Alessandro Hirata delve into case studies situated in the Ancient Near East from Sumerian to Neo-Babylonian times. Three other contributions examine Graeco-Roman Antiquity: Marc Depauw considers non-Greek, i.e., demotic, material from a Hellenistic kingdom, Anna Seelentag embraces the phenomenon of public clamour in the Roman Republic, and Christine Lehne-Gstreinthaler provides a fresh look at the classical arbitration from the perspective of ancient legal history."


Book
Violence against women's health in international law
Author:
ISBN: 152612498X 1526124971 9781526124999 9781526124982 Year: 2020 Publisher: Manchester University Press

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Violence against women is characterised by its universality, the multiplicity of its forms, and the intersectionality of diverse kinds of discrimination against women. Great emphasis in legal analysis has been placed on sex-based discrimination; however, in investigations of violence, one aspect has been overlooked: violence may severely affect women's health and access to reproductive health, and State health policies might be a cause of violence against women. Exploring the relationship between violence against women and women's rights to health and reproductive health, Sara De Vido theorises the new concept of violence against women's health in international law using the Hippocratic paradigm, enriching human rights-based approaches to women's autonomy and reflecting on the pervasiveness of patterns of discrimination. At the core of the book are two dimensions of violence: horizontal 'inter-personal', and vertical 'state policies'. Investigating these dimensions through decisions made by domestic, regional and international judicial or quasi-judicial bodies, De Vido reconceptualises States' obligations and eventually asks whether international law itself is the ultimate cause of violence against women's health.


Book
Making dispute resolution more effective - MAP peer review report, France (stage 1) : inclusive framework on BEPS : action 14
Author:
ISBN: 9264285776 9264285768 9789264285774 Year: 2017 Publisher: Paris : OECD Publishing,

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Under Action 14, jurisdictions have committed to implement a minimum standard to strengthen the effectiveness and efficiency of the mutual agreement procedure (MAP). The MAP is included in Article 25 of the OECD Model Tax Convention and commits countries to endeavour to resolve disputes related to the interpretation and application of tax treaties. The Action 14 Minimum Standard has been translated into specific terms of reference and a methodology for the peer review and monitoring process. The peer review process is conducted in two stages. Stage 1 assesses jurisdictions against the terms of reference of the minimum standard according to an agreed schedule of review. Stage 2 focuses on monitoring the follow-up of any recommendations resulting from jurisdictions' stage 1 peer review report. This report reflects the outcome of the stage 1 peer review of the implementation of the Action 14 Minimum Standard by France.


Book
Eli Lilly and beyond : the role of international intellectual property treaties in establishing legitimate expectations in investor-state dispute settlement
Author:
ISBN: 384529311X 3848751097 Year: 2018 Publisher: Nomos Verlagsgesellschaft mbH & Co. KG

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Through the emergence of several high-profile investment arbitration cases, the effects of IPRs as investments covered under IIAs have finally come to light. The latest award, the only arbitration case dealing with patents as IPRs – the Eli Lilly v. Canada case – has brought up a number of interesting questions. Two of Eli Lilly's patents have been revoked, whereupon the company tried to redeem them through investment arbitration. One of the claims put forward by Eli Lilly is that his legitimate expectations, a standard of protection found in international investment law, have been frustrated by Canada. By allegedly failing to observe its obligations contained in Chapter 17 of the NAFTA, Canada frustrated the legitimate expectations of Eli Lilly. The thesis tries to analyze how the relationship between international IP treaties and legitimate expectations functions.


Book
Mediation and its applications for good decision making and dispute resolution
Author:
ISBN: 1780687567 1780684088 Year: 2016 Publisher: Cambridge : Intersentia,

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In this book, the author argues that mediation is one of the basic human building blocks of a process that allows us to truly hear from each other in the hope that we can resolve our conflicts, explore our differences, as well as complementarities, find mutual understanding, and achieve better outcomes and solutions to legal, social and political problems. Such an effort to "reorient the parties to a dispute to each other," and to facilitate the solving of problems and, in the best of all worlds, the making of peace, requires an interdisciplinary orientation in which human knowledge and understandings drawn from a variety of constituent fields - older ones like history, law, psychology, sociology, economics, political science and international relations, and newer ones, including decision sciences, game theory and urban planning.


Book
Mediation : principles and regulation in comparative perspective
Authors: ---
ISBN: 0191669342 0191758272 0191669350 Year: 2013 Publisher: Oxford : Oxford University Press,

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Mediation has become a vital means of resolving disputes in jurisdictions around the world. This book offers a comprehensive comparative analysis of mediation, introducing the law and practical experience in 22 jurisdictions.


Book
Making dispute resolution more effective : MAP peer review report.
Author:
ISBN: 9264733523 9264865810 Publisher: OECD Publishing


Book
Formalisation and flexibilisation in dispute resolution
Authors: --- ---
ISBN: 9004281177 9789004281172 9789004281165 9004281169 1322200327 Year: 2014 Publisher: Leiden Boston

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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.

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