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Courting conflict
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ISBN: 9786612357893 1597345563 1282357891 0520937988 9780520937987 1417573953 9781417573950 9780520241930 0520241932 9780520241947 0520241940 9781282357891 0520241932 0520241940 9781597345569 Year: 2005 Publisher: Berkeley University of California Press

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Abstract

Israel's military court system, a centerpiece of Israel's apparatus of control in the West Bank and Gaza since 1967, has prosecuted hundreds of thousands of Palestinians. This authoritative book provides a rare look at an institution that lies both figuratively and literally at the center of the Israeli-Palestinian conflict. Lisa Hajjar has conducted in-depth interviews with dozens of Israelis and Palestinians-including judges, prosecutors, defense lawyers, defendants, and translators-about their experiences and practices to explain how this system functions, and how its functioning has affected the conflict. Her lucid, richly detailed, and theoretically sophisticated study highlights the array of problems and debates that characterize Israel's military courts as it asks how the law is deployed to protect and further the interests of the Israeli state and how it has been used to articulate and defend the rights of Palestinians living under occupation.


Book
Second-best justice
Author:
ISBN: 9780226282046 022628204X 9780226281995 022628199X Year: 2015 Publisher: Chicago London

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It's long been known that Japanese file fewer lawsuits per capita than Americans do. Yet explanations for the difference have tended to be partial and unconvincing, ranging from circular arguments about Japanese culture to suggestions that the slow-moving Japanese court system acts as a deterrent. With Second-Best Justice, J. Mark Ramseyer offers a more compelling, better-grounded explanation: the low rate of lawsuits in Japan results not from distrust of a dysfunctional system but from trust in a system that works-that sorts and resolves disputes in such an overwhelmingly predictable pattern that opposing parties rarely find it worthwhile to push their dispute to trial. Using evidence from tort claims across many domains, Ramseyer reveals a court system designed not to find perfect justice, but to "make do"-to adopt strategies that are mostly right and that thereby resolve disputes quickly and economically. An eye-opening study of comparative law, Second-Best Justice will force a wholesale rethinking of the differences among alternative legal systems and their broader consequences for social welfare.


Book
International arbitration and eu law
Authors: ---
ISBN: 9781788973991 1788973992 178897400X Year: 2021 Publisher: Northampton : Edward Elgar Publishing,

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"This book examines the intersection of EU law and international arbitration based on the experience of leading practitioners in both commercial and investment treaty arbitration law. It expertly illustrates the depth and breadth of EU law's impact on party autonomy and on the margin of appreciation available to arbitral tribunals. Coverage includes: an analysis of the relevance of EU Law on the validity of international agreements to arbitrate consideration of the impact of EU law on challenges, recognition and enforcement of international commercial awards, and the relationship between anti-suit relief, EU law and the New York Convention a discussion of selected areas of intersection between EU law and international commercial arbitration, including the ECtHR, consumer protection, damages, competition damages, GDPR, commercial agency and others an introduction to the complex areas in which the EU regime and international investment arbitration laws intertwine, through a review of the development of the EU's investment policy an examination of the impact of EU Law on specific issues in international investment arbitration including the Energy Charter Treaty, procedural issues (both ICSID and non-ICSID), damages, taxation, and the proposed Multilateral Investment Court an appraisal of the potential of International Commercial Mediation and its interrelations with EU law. International Arbitration and EU Law is a specialist guide for arbitrators, lawyers, judges, and expert witnesses. It will also greatly benefit academics and advanced students working, researching or teaching international arbitration law"--


Book
The liberty of servants
Authors: ---
ISBN: 1283267470 9786613267474 1400840279 9781400840274 9780691151823 0691151822 9781283267472 6613267473 Year: 2012 Publisher: Princeton Princeton University Press

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Abstract

Italy is a country of free political institutions, yet it has become a nation of servile courtesans, with Silvio Berlusconi as their prince. This is the controversial argument that Italian political philosopher and noted Machiavelli biographer Maurizio Viroli puts forward in The Liberty of Servants. Drawing upon the classical republican conception of liberty, Viroli shows that a people can be unfree even though they are not oppressed. This condition of unfreedom arises as a consequence of being subject to the arbitrary or enormous power of men like Berlusconi, who presides over Italy with his control of government and the media, immense wealth, and infamous lack of self-restraint. Challenging our most cherished notions about liberty, Viroli argues that even if a power like Berlusconi's has been established in the most legitimate manner and people are not denied their basic rights, the mere existence of such power makes those subject to it unfree. Most Italians, following the lead of their elites, lack the minimal moral qualities of free people, such as respect for the Constitution, the willingness to obey laws, and the readiness to discharge civic duties. As Viroli demonstrates, they exhibit instead the characteristics of servility, including flattery, blind devotion to powerful men, an inclination to lie, obsession with appearances, imitation, buffoonery, acquiescence, and docility. Accompanying these traits is a marked arrogance that is apparent among not only politicians but also ordinary citizens.

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