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human rights --- public law --- alternative dispute resolution methods --- social law
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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.
peace. --- war. --- alternative dispute resolution. --- settlement of disputes. --- international arbitration. --- international law. --- legitimacy. --- thesis.
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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.
Arbitration (International law) --- International commercial arbitration --- Mediation, International --- Arbitrage commercial international --- Arbitrage international --- Médiation internationale --- Médiation internationale. --- LAW / Alternative Dispute Resolution --- LAW / Arbitration, Negotiation, Mediation --- Médiation internationale.
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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."
Ancient history: to c 500 CE --- Legal history --- Law, Ancient. --- Dispute resolution (Law) --- History. --- ADR (Dispute resolution) --- Alternative dispute resolution --- Appropriate dispute resolution --- Collaborative law --- Conflict resolution --- Dispute processing --- Dispute settlement --- Justice, Administration of --- Mediation --- Neighborhood justice centers --- Third parties (Law) --- Ancient law --- Roman Law --- Papyrology --- Arbitration --- Legal History --- Prehistory --- Ancient Near East --- Settlement (Law) --- Antiquity --- Litigation (Law) --- Alternative Dispute Resolution (ADR)
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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.
Law / Alternative Dispute Resolution --- Law --- Acts, Legislative --- Enactments, Legislative --- Laws (Statutes) --- Legislative acts --- Legislative enactments --- Jurisprudence --- Legislation --- Women's health services --- Women --- Law. --- Women's Health --- Law and legislation. --- Legal status, laws, etc. --- legislation & jurisprudence. --- Medical laws and legislation --- Women Legal status, laws, etc. --- Alternative Dispute Resolution
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Law of civil procedure --- Administrative law --- Europe --- Dispute resolution (Law) --- 347.739 --- ADR (Dispute resolution) --- Alternative dispute resolution --- Collaborative law --- Conflict resolution --- Dispute processing --- Dispute settlement --- Justice, Administration of --- Mediation --- Neighborhood justice centers --- Third parties (Law) --- Appropriate dispute resolution
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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.
Double taxation --- Taxation --- Dispute resolution (Law) --- ADR (Dispute resolution) --- Alternative dispute resolution --- Appropriate dispute resolution --- Collaborative law --- Conflict resolution --- Dispute processing --- Dispute settlement --- Justice, Administration of --- Mediation --- Neighborhood justice centers --- Third parties (Law)
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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.
Intellectual property (International law) --- International law --- Establishing Legitimate Expectations --- expropriation --- Eli Lilly --- Beyond --- investment law --- Role of International Intellectual Property Treaties --- legitimate expectations --- Investor-State Dispute Settlement --- Intellectual property --- patents --- international economic law --- alternative dispute resolution
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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.
Mediation. --- Dispute resolution (Law) --- ADR (Dispute resolution) --- Alternative dispute resolution --- Appropriate dispute resolution --- Collaborative law --- Conflict resolution --- Dispute processing --- Dispute settlement --- Justice, Administration of --- Mediation --- Neighborhood justice centers --- Third parties (Law) --- Good offices (Mediation) --- Conflict management --- Law and legislation
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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.
Mediation --- Dispute resolution (Law) --- Mediation. --- Good offices (Mediation) --- Conflict management --- ADR (Dispute resolution) --- Alternative dispute resolution --- Appropriate dispute resolution --- Collaborative law --- Conflict resolution --- Dispute processing --- Dispute settlement --- Justice, Administration of --- Neighborhood justice centers --- Third parties (Law) --- Law and legislation
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