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Arbitration is an essential component in business. In an age when transparency is a maxim, important issues which the laws governing arbitration currently fail to address are the extent to which disclosure of information can be constrained by private agreement along with the extent to which the duty to preserve confidentiality can be stretched. Absent a coherent legal framework and extensive qualitative and quantitative data, it is equally difficult to suggest and predict future directions. This book offers a tool for attaining centralised access to otherwise fragmentary and dispersed material, as well as a comprehensive analysis and detailed exposition of the position in relation to confidentiality in arbitration in the jurisdictions of England, USA, France and Germany.

Legal theory and methods. Philosophy of law --- International private law --- Law of civil procedure --- meditatie --- conflictbemiddeling --- internationaal privaatrecht

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This book is a fascinating and entirely original work about the role of the Cyprus Attorney General's Office in prosecutions. It is based on data gathered using an impressive blend of methods, including observation, a documentary survey and semi-structured interviews within the Office. The book focuses mainly on the workload of the Law Office and its relationship with the Police, the role it acquires during investigations and its role in the formulation and application of prosecution policies. These themes are approached from three different angles: the legal framework and the rhetoric developed over time concerning these areas, combined with the manner in which successive Attorney Generals have approached their role; the ideology that characterises the Law Officers' position towards these particular functions, and the actual day-to-day activity (practices) observed within the Law Office. Although the central purpose of this work is to provide a profound understanding of the Cyprus system, wider conclusions can be drawn which exceed the boundaries of the particular jurisdiction and shed light on the most debatable aspects of the prosecution process in all jurisdictions.

Legal theory and methods. Philosophy of law --- International private law --- Criminology. Victimology --- Criminal law. Criminal procedure --- Law of civil procedure --- strafrecht --- criminologie --- meditatie --- criminaliteit --- conflictbemiddeling --- internationaal privaatrecht

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This volume asks: ˜Is There a Court for Gaza?' The answer is a resounding yes. Indeed, there are at least two courts capable of addressing the armed conflict in Gaza that took place in December 2008 and January 2009: the International Court of Justice and the International Criminal Court. But neither of them has jurisdiction prima facie. The challenge, then, is to resolve the difficulties in establishing jurisdiction. Once this is done, the merits, which have only partially been addressed in the Goldstone Report, can be litigated. Even then, there are limits to the subject-matter jurisdiction that are likely to confine the judicial debate.  From the foreword by prof. William Schabas, Professor of International Law, Middlesex University, London With contributions of: Robert W. Ash; Frank Barat; Jennifer Barnette; Eric David; Gabriele Della Morte; Gilles Devers; John Dugard; Richard Falk; Mireille Fanon Mendes-France; Vera Gowlland-Debbas; Michael G. Kearney; Flavia Lattanzi; Daniel Machover; Chantal Meloni; Daragh Murray; Giuseppe Palmisano; Alain Pellet; John Quigley; François Rigaux; Yaël Ronen; Yuval Shany; Raji Sourani; Gianni Tognini; Sharon Weill; Liesbeth Zegveld The Israeli attack on Gaza of 27 December 2008 - 18 January 2009 (so-called ˜Operation Cast Lead'). started a critical debate at the international level on the alleged war crimes and possible crimes against humanity committed during and before the operation. In September 2009, the UN Fact Finding Mission on the Gaza Conflict presented its results in what became known as the ˜Goldstone Report'. The UN General Assembly and the Human Rights Council, amidst high political pressure, endorsed the Report's recommendations, calling for prompt and adequate investigations by both sides to ensure accountability and justice for the victims of the conflict. In case of lack of proper domestic investigations and prosecutions, it was recommended to activate international justice mechanisms. The Prosecutor of the International Criminal Court opened a preliminary examination of the situation, but difficulties arose because of the uncertain status of the occupied Palestinian territory. The issue of the recognition of a State of Palestine is of extreme actuality and is currently under examination before the UN in New York (after President Abbas' UN bid for recognition, of September 2011). This book brings together for the first time essential documentation on the legal follow-up to the Gaza conflict and relevant critical literature by renowned international law professors and distinguished scholars and lawyers. The underlying question, whether there is a court for Gaza, can be seen as a test case for international justice, and sheds a light on the role of international institutions in the difficult mixture of law and politics that connotes international justice. The book is a useful tool not only for all parties to any extent involved or interested in the Israeli-Palestinian conflict, but at the same time for all those interested in the issue of accountability for international crimes and in the challenges that international justice is facing. Dr. Chantal Meloni is a researcher in international criminal law at the University of Milan, and an Alexander Von Humboldt scholar at the University of Berlin. She was based in Gaza during 2010, at the Palestinian Centre for Human Rights (PCHR). Dr. Gianni Tognoni, medical doctor, is Secretary-General to the Permanent Peoples' Tribunal, residing in the Lelio Basso Foundation, Rome, Italy. In his position, he is coordinating many research-projects in epidemiology, public health and human rights.

International relations. Foreign policy --- Labour conflicts --- Legal theory and methods. Philosophy of law --- Peaceful settlement of international disputes --- International law --- Law of civil procedure --- Law --- Didactics of law --- rechtsvergelijking --- recht --- conflicthantering --- sociale conflicten --- internationaal recht --- internationale organisaties --- rechtstheorie --- rechtsleer

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Jurisdiction and arbitration clauses are two different mechanisms that help to ensure impartiality and predictability in international dispute resolution. Despite their benefits, these clauses can be inconvenient for parties that are forced to litigate before distant fora. Moreover, particular problems arise in the context of maritime transport documents. Based on a broad comparative approach, this study seeks to explain the existing rules within their legal context and to develop a coherent system for such clauses, which takes into account the underlying interests as well as economic theory. While offering detailed answers to most issues surrounding jurisdiction and arbitration clauses in maritime transport documents, the book confronts the fundamental question of the limits of freedom of contract in an international setting.

Legal theory and methods. Philosophy of law --- International private law --- International law --- Transport law --- Law of civil procedure --- Law --- meditatie --- internationaal recht --- conflictbemiddeling --- internationaal privaatrecht --- zeerecht --- Arbitration and award, International --- Maritime law --- Law, Maritime --- Marine law --- Merchant marine --- Merchant ships --- Navigation --- Navigation laws --- Shipping --- Commercial law --- Law of the sea --- Commercial arbitration, International --- International arbitration and award --- International commercial arbitration --- Arbitration and award --- Conflict of laws --- Law and legislation