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This is a guide to and commentary on the new procedural rules for arbitration adopted by the Permanent Court of Arbitration (PCA) in December 2012. The PCA is a unique arbitral institution - an intergovernmental organization counting over one hundred member states - with a rapidly growingannual caseload of arbitrations involving various combinations of states, state entities, intergovernmental organizations, and private parties. The 2012 PCA Rules are the most recent set of arbitral rules from any institution, and constitute a consolidation of four sets of PCA Rules drafted in the1990s, and updated in light of PCA experience and the revision of other procedural regimes. They include special provisions adapted to arbitrations involving public entities and a number of novel provisions drafted on the basis of the PCA's experience administering arbitrations. In recent years, thePCA caseload has expanded to the extent that the total amount in dispute in PCA cases is estimated to be greater than that in any other arbitral institution, increasing the need for a comprehensive guide to arbitration under its auspices.This text benefits from the unparalleled insights of its three co-authors, all of whom are PCA lawyers, one of whom is the Deputy Secretary-General of the PCA, and a member of the drafting committee for the 2012 PCA Rules. An introductory chapter, describing the mandate for the revised rules fromthe PCA member states, as well as the drafting process itself, is followed by a rule-by-rule analysis following the familiar structure of the rules themselves. This analysis is split into four sections: the introductory rules; the composition of the arbitral tribunal; arbitral proceedings; and theaward. The comprehensive appendices are intended to reduce the need for recourse to other materials and provide a stand-alone resource.

Arbitration And Award --- Arbitration (International Law) --- Law --- Arbitration and award --- Arbitration (international law) --- Arbitration (International law) --- International commercial arbitration

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International law can be created by other means than treaties between states. This book investigates the philosophical questions posed by the treatment of international arbitration as law, such as those relating to sovereignty and territoriality, and sets out conditions which international arbitration must meet in order to form legitimate law.

Arbitration (International law) --- Arbitration, International --- International arbitration --- International political arbitration --- Pacific settlement of international disputes --- International commissions of inquiry --- Jurisdiction (International law) --- Mediation, International

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On 22 January 2013, the Republic of the Philippines instituted arbitral proceedings against the People's Republic of China (PRC) under the United Nations Convention on the Law of the Sea (UNCLOS) with regard to disputes between the two countries in the South China Sea (South China Sea Arbitration). On 19 February 2013, the PRC formally expressed its opposition to the institution of proceedings, making it clear from the outset that it will not have any part in these arbitral proceedings and that this position will not change. It is thus to be expected that over the next year and a half, the Tribunal will receive written memorials and hear oral submissions from the Philippines only. The Chinese position will go unheard. However, the Tribunal is under an obligation, before making its award, to satisfy itself not only that it has jurisdiction over the dispute, but also that the claims brought by the Philippines are well founded in fact and law (UNCLOS Annex VII, Article 9).This book aims to offer a (not the) Chinese perspective on some of the issues to be decided by the Tribunal and thus to assist the Tribunal in meeting its obligations under the Convention. The book does not set out the official position of the Chinese government, but is rather to serve as a kind of amicus curiae brief advancing possible legal arguments on behalf of the absent respondent. The book does not deal with the merits of the disputes between the Philippines and the PRC, but focuses on the questions of jurisdiction, admissibility and other objections which the tribunal will have to decide as a preliminary matter. The book will show that there are insurmountable preliminary objections to the Tribunal deciding the case on the merits and that the Tribunal would be well advised to refer the dispute back to the parties in order for them to reach a negotiated settlement.The book brings together scholars of public international law from mainland China, Taiwan and Europe united by a common interest in the law of the sea and disputes in the South China Sea

Arbitration (International law) --- Jurisdiction (International law) --- Maritime boundaries --- United Nations Convention on the Law of the Sea --- South China Sea --- International status.

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The book discusses an enhanced MAP and arbitration procedure proposing direct taxpayer participation in multiparty proceedings as the way forward in international tax dispute resolution.

International finance --- Tax law --- Double taxation --- Arbitration (International law) --- Interpretation and construction. --- Double imposition --- Arbitrage international --- Interprétation --- Tax administration and procedure --- Impôt --- Tax courts --- Contentieux fiscal --- Administration et procédure

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A comprehensive review of historical insurgencies that ended in settlement after a military stalemate shows that these negotiations followed a similar path that can be generalized into a "master narrative" of seven steps executed in a common sequence. Such a narrative could help guide and assess the progress of a similar approach to resolving the conflict in Afghanistan as U.S. forces prepare to withdraw.

Insurgency -- Afghanistan. --- Insurgency -- History. --- Mediation, International. --- Peace-building. --- Mediation, International --- Peace-building --- Insurgency --- Law, Politics & Government --- International Relations --- History --- History. --- Insurgent attacks --- Rebellions --- Building peace --- Peacebuilding --- Conciliation, International --- International conciliation --- International mediation --- Law and legislation --- Civil war --- Political crimes and offenses --- Revolutions --- Government, Resistance to --- Internal security --- Conflict management --- Peace --- Peacekeeping forces --- Mediation --- Arbitration (International law)