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Legal accents, legal borrowing : the international problem-solving court movement
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ISBN: 1400830796 1283057972 9786613057976 9781400830794 9780691129525 0691129525 9781283057974 6613057975 0691150141 Year: 2009 Publisher: Princeton : Princeton University Press,

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Abstract

A wide variety of problem-solving courts have been developed in the United States over the past two decades and are now being adopted in countries around the world. These innovative courts--including drug courts, community courts, domestic violence courts, and mental health courts--do not simply adjudicate offenders. Rather, they attempt to solve the problems underlying such criminal behaviors as petty theft, prostitution, and drug offenses. Legal Accents, Legal Borrowing is a study of the international problem-solving court movement and the first comparative analysis of the development of these courts in the United States and the other countries where the movement is most advanced: England, Scotland, Ireland, Canada, and Australia. Looking at the various ways in which problem-solving courts have been taken up in these countries, James Nolan finds that while importers often see themselves as adapting the American courts to suit local conditions, they may actually be taking in more aspects of American law and culture than they realize or desire. In the countries that adopt them, problem-solving courts may in fact fundamentally challenge traditional ideas about justice. Based on ethnographic research in all six countries, the book examines these cases of legal borrowing for what they reveal about legal and cultural differences, the inextricable tie between law and culture, the processes of globalization, the unique but contested global role of the United States, and the changing face of law and justice around the world.


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Perceptions in litigation and mediation : lawyers, defendants, plaintiffs, and gendered parties
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ISBN: 1107191343 1282103660 9786612103667 051151722X 0511575289 0511517718 0511515073 0511514174 0511516355 9780511517716 9780511515071 9780511575280 9780521517317 0521517311 9780521280549 0521280540 9780521280549 9781107191341 9781282103665 6612103663 9780511514173 9780511516351 Year: 2009 Publisher: Cambridge ; New York : Cambridge University Press,

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Offering interdisciplinary insights from sociological, psychological and gender studies, this book addresses this question: how do professional, lay and gendered actors understand and experience case processing in litigation and mediation? Drawing on data from 131 interviews, questionnaires and observations of plaintiffs, defendants, lawyers and mediators involved in 64 fatality and medical injury cases, the book challenges dominant understandings of how formal legal processes and dispute resolution work in practice as well as the notion that disputants and their representatives broadly understand and want the same things during case processing. In juxtaposing actors' discourse on all sides of ongoing cases on issues such as expectations, needs, comprehensions of what plaintiffs seek from the legal system, objectives for resolving conflict at mediation, and perceptions of what occurs during attempts at case resolution, the findings reveal inherent problems with the core workings of the legal system.


Book
Treaty interpretation by the WTO Appellate Body
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ISBN: 9780199562237 0199562237 Year: 2009 Publisher: New York: Oxford university press,


Book
World Court Digest 2001 - 2005.
Authors: --- ---
ISBN: 3540874666 3540874674 Year: 2009 Publisher: Berlin, Heidelberg : Springer Berlin Heidelberg : Imprint: Springer,

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The first three volumes of the World Court Digest cover the periods 1986 to 1990, 1991 to 1995 and 1996 to 2000. We are happy to issue the fourth volume, covering the period from 2001 to 2005. We hope that this new Digest will be welcome to all those interested in the case law of the International Court of Justice. We are, of course, aware that nowadays the decisions of the Court are easily accessible through electronic data systems. However, there is no systematic analysis available in the form presented by the World Court Digest. Therefore, the Digest will be useful for those who wish to find the most recent position of the Court on a particular issue of international law. As the three previous volumes, also this fourth volume will be made available through electronic data on the homepage of the Max Planck Institute for Comparative Public Law and International Law. The first five years of the new century have been a busy period for the Court due to its continuing heavy caseload. The cases concerned a variety of legal issues reaching from the use of force and self-defence to questions of land and maritime boundary delimitation, immunity, consular matters, revision of judgments and the effect of provisional measures. The parties to the cases were States from all parts of the world demonstrating the general acceptance of the Court.


Book
Human Rights and Conflict Resolution in Context
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ISBN: 0815651244 9780815651246 9780815632054 0815632053 Year: 2009 Publisher: Syracuse, New York : Syracuse University Press,

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Preventing sweeping human rights violations or wars and rebuilding societies in their aftermath require an approach encompassing the perspectives of both human rights advocates and practitioners of conflict resolution. While these two groups work to achieve many of the same goals-notably to end violence and loss of life-they often make different assumptions, apply different methods, and operate under different values and institutional constraints. As a result, they may adopt conflicting or even mutually exclusive approaches to the same problem.Eileen F. Babbitt and Ellen L. Lutz have collected groundbreaking essays exploring the relationship between human rights and conflict resolution. Employing a case study approach, the contributing authors examine three areas of conflict-Sierra Leone, Colombia, and Northern Ireland-from the perspectives of participants in both the peace-making and human rights efforts in each country. By spotlighting the role of activists and reflecting on what was learned in these cases, this volume seeks to push scholars and practitioners of both conflict resolution and human rights to think more creatively about the intersection of these two fields.


Book
Cross-border internet dispute resolution
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ISBN: 1107201667 9786612058516 0511507739 1282058517 0511508395 0511504780 0511509057 0511506929 9780511508394 9780511576102 0511576102 9780521896207 0521896207 9780511504785 9781107201668 661205851X 9780511507731 9781282058514 9780511509056 9780511506925 Year: 2009 Publisher: New York : Cambridge University Press,

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The internet has the potential to increase the number of cross-border disputes between a wide range of different users. For many internet disputes, the use of Online Dispute Resolution (ODR) becomes critical. ODR uses information technology (such as expert systems) and internet communication applications (such as webforms or web filing platforms) to resolve disputes outside the courts. Although ODR is a progeny of ADR, using some of the same processes such as mediation and arbitration, ODR is also different in that it adds new and transformative technology and processes. This book sets out the process standards with which ODR, and in particular online arbitration, should comply and shows how these standards can be implemented in the real world. It considers applicable law and enforcement, thus providing a blueprint of how online arbitration processes should be devised.


Book
Dispute Settlement Reports 2007.
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ISBN: 1108378544 0521514207 Year: 2009 Publisher: Cambridge : Cambridge University Press,

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The Dispute Settlement Reports of the World Trade Organization (WTO) include Panel and Appellate Body reports, as well as arbitration awards, in disputes concerning the rights and obligations of WTO members under the provisions of the Marrakesh Agreement Establishing the World Trade Organization. These are the WTO authorized and paginated reports in English. An essential addition to the library of all practising and academic trade lawyers, and needed by students worldwide taking courses in international economic or trade law. Among others, DSR 2007: IV reports on Mexico - Anti-Dumping Duties on Steel Pipes and Tubes from Guatemala and Brazil - Measures Affecting Imports of Retreaded Tyres.


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Dispute Settlement Reports 2007.
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ISBN: 1108378536 0521514169 Year: 2009 Publisher: Cambridge : Cambridge University Press,

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The Dispute Settlement Reports of the World Trade Organization (WTO) include Panel and Appellate Body reports, as well as arbitration awards, in disputes concerning the rights and obligations of WTO members under the provisions of the Marrakesh Agreement Establishing the World Trade Organization. These are the WTO authorized and paginated reports in English. An essential addition to the library of all practising and academic trade lawyers, and needed by students worldwide taking courses in international economic or trade law. Among others, DSR 2007: III reports on Chile - Price Band System and Safeguard Measures Relating to Certain Agricultural Products - Recourse by Argentina to Article 21.5 of the Understanding on Rules and Procedures Governing the Settlement of Disputes.

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