الصفحة 1
الصفحة 1
Nordic Mediation Research
Presents twelve unique studies on mediation from researchers in Denmark, Finland, Norway and Sweden, respectively. Each study highlights important aspects of mediation, including the role of children in family mediation, the evolution and ambivalent application of restorative justice in the Nordic countries, the confusion of roles in court-connected mediation, and the challenges in dispute systems.
New Voices and New Perspectives in International Economic Law
brings together a series of contributions by international legal scholars that explore a range of subjects and themes in the field of international economic law and global economic governance through a variety of methodological and theoretical lenses. It introduces the reader to a number of different ways of constructing and approaching the study of international economic law. deals with a series of different theoretical agendas and perspectives ranging from the more traditional (empirical legal studies) to the more alternative (language theory) and it expands the scope of substantive discussion and thematic coverage beyond the usual suspects of international trade, international investment and international finance.
Negotiations with Asymmetrical Distribution of Power : Conclusions from Dispute Resolution in Network Industries
In many ways, complex negotiations shape the business arena of regulated network markets. In general, negotiating partners are not equal with regard to their various sources and instruments of power. This book unfolds a differentiated and, at the same time, applicable framework for analyzing and managing negotiations. It creatively combines power and negotiations theories. In addition, it illustrates the findings in a very inspiring way by investigating negotiation episodes in network industries such as telecommunications and railways. Thus, this book is highly relevant for all those wanting to better understand the complex political processes and outcomes in regulated industries, but also for those bearing practical responsibility in regulatory and government affairs and wanting to improve their management performance.
National security exceptions in international trade and investment agreements : Justiciability and standards of review
provides a comprehensive analysis of national security exceptions in international trade and investment agreements. The subject has gained particular relevance in the past few years, as both the United States and the Russian Federation have invoked national security as justification for trade-restrictive measures in the context of WTO dispute settlement proceedings. describes the evolution of security exceptions in international economic law, from the GATT 1947 to the most recent economic treaties, such as the 2017 Buenos Aires Protocol for Intra-Mercosur Investment and the 2018 USMCA.
Mediation in Collective Labor Conflicts
This book opens up the black box of mediation in collective conflicts through the analyses and comparisons of various systems. Mediation and related third party interventions such as conciliation and facilitation are discussed as effective prevention and regulation tools for different types of collective labor conflicts. These interventions fit in a new developed five-phase model of collective conflicts in organizations, going from capacity building in latent conflicts, through conciliation, mediation and arbitration in escalating phases, to rebuilding of trust after hot conflicts. The book regards to labor mediation systems, presenting comparative research on the perspectives of mediators and
Investor-State Dispute Settlement and National Courts : Current Framework and Reform Options
This book examines the multiple intersections between national and international courts in the field of investment protection, and suggests possible modes for regulating future jurisdictional interactions between domestic courts and international tribunals.
International law and litigation
With the increasing jurisdictionalisation of international law, the interest of academics and practitioners in international disputes is growing steadily. However, little attention has been paid to the procedural aspects of international dispute settlement. On the basis of current legal research, this volume examines the role of procedures in the areas of international law, international commercial law, human rights and EU law.
Insurance distribution directive : A legal analysis
This book of the AIDA Europe Research Series on Insurance Law and Regulation offers the first comprehensive legal and regulatory analysis of the Insurance Distribution Directive (IDD).
From Bilateral Arbitral Tribunals and Investment Courts to a Multilateral Investment Court : Options Regarding the Institutionalization of Investor-State Dispute Settlement
This book considers the potential setup for a future Multilateral Investment Court (MIC). The option of an MIC was first discussed by the EU Commission in 2016 and has since been made an official element of the EU Common Commercial Policy. In 2017, UNCITRAL also decided to discuss the possibility of an MIC, and on 20 March 2018, the Council of the EU gave the EU Commission the mandate to negotiate the creation of an MIC. The “feasibility study” presented here is intended to contribute to a broader discussion on the options for a new international court specialized in investment protection.
Foreign Investor Misconduct in International Investment Law
examines the issue of foreign investor misconduct in modern international investment law, focusing on the approach that international investment law as it currently operates has developed towards foreign investor misconduct. The term ‘misconduct’ is not a legal notion, but is used to describe a certain phenomenon, namely, a group/class of actions. This term is convenient since it makes it possible to introduce and describe the phenomenon as such, without a division into concrete types of conduct, like ‘abuse of process’, ‘violation of national law’, ‘corruption’, ‘investment contrary to international norms and standards’, etc.
CSR and Codes of Business Ethics in the USA, Austria (EU) and China and their Enforcement in International Supply Chain Arbitrations
Analyzes the implementation of CSR reporting and codes of business conduct and ethics in the legal systems of the USA, Austria and China and their enforcement in international supply chain arbitrations. demonstrates that long-term profit maximization is increasingly intertwined with corporate ethics and CSR policies. In order to prevent window-dressing and greenwashing, certain control mechanisms and legal standards are required along the entire supply chain.
Jurisdiction and arbitration agreements in international commercial law
This book offers a comprehensive study of the prerequisites, effectiveness, and enforcement of exclusive jurisdiction and arbitration agreements in international dispute resolution. It examines whether jurisdiction and arbitration clauses have identical effects in private international law and whether they have been or should be given the same treatment by most countries in the world. The book considers whether the Hague Convention on Choice of Court Agreements could be treated as a litigating counterpart to the New York Convention.
