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Casos y cosas de mediación
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ISBN: 9875914290 Year: 2013 Publisher: Córdoba : Editorial Brujas,

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Contemporary issues in international arbitration and mediation : the Fordham papers 2011
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ISBN: 1283551241 9786613863690 9004231269 Year: 2012 Publisher: Leiden : Brill,

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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.


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Mediation in context
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ISBN: 1283160501 9786613160508 0857005804 Year: 2000 Publisher: London ; Philadelphia : Jessica Kingsley Publishers,

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Drawing on their own experiences as mediators, the contributors to this book discuss the benefits and drawbacks of mediation and use case studies to illustrate how mediation works in practice. This book provides a comprehensive overview of mediation as well as containing useful information and advice for anyone involved in mediation.


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From Bilateral Arbitral Tribunals and Investment Courts to a Multilateral Investment Court : Options Regarding the Institutionalization of Investor-State Dispute Settlement
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ISBN: 3662597322 3662597314 Year: 2020 Publisher: Berlin, Heidelberg : Springer Berlin Heidelberg : Imprint: Springer,

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This open access 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. The cornerstones of such a new permanent court are a strict orientation on the rule of law, reduced costs of investment protection, transparency considerations, aspects of consistency in case law, and the effective enforceability of MIC decisions.


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Gender power and mediation : evaluative mediation to challenge the power of social discourses
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ISBN: 1443843520 Year: 2012 Publisher: Newcastle upon Tyne : Cambridge Scholars,

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This book investigates the practice of family mediation and some of the challenges that may hinder its effective use by marginalised groups in a society. Those challenges include gendered power disparity and family violence, especially towards women, and the discussion extends to how the challenges can be overcome through a practice of evaluative mediation to provide fair outcomes for women. Unlike other contemporary books on mediation, this book not only discusses different theories of power...


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Environmental dispute resolution in Indonesia
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ISBN: 9789067183260 Year: 2009 Publisher: Leiden : KITLV Press,

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In the last two decades, Indonesia has seen a dramatic proliferation of environmental disputes in a variety of sectors, triggered by intensified deforestation and large scale mining operations in the resource rich outer islands, together with rapid industrialisation in the densely populated inner island of Java. Whilst the emergence of environmental disputes has sometimes attracted political repression, attempts have also been made in recent times to explore more functional approaches to their resolution. The Environmental Management Act of 1997 created a legal framework for the resolution of environmental disputes through both litigation and mediation. This book is the first attempt to analyse the implementation of this framework in detail and to assess the effectiveness of litigation and mediation in resolving environmental disputes in Indonesia. It includes a detailed overview of the environmental legal framework and its interpretation by Indonesian courts in landmark court cases. The book features a number of detailed case studies of both environmental litigation and mediation and considers the legal and non-legal factors that have influenced the success of these approaches to resolving environmental disputes.


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World Court Digest 2001 - 2005

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The first three volumes of the World Court Digest cover the periods 1986 to 1990, 1991 to 1995 and 1996 to 2000. We are happy to issue the fourth volume, covering the period from 2001 to 2005. We hope that this new Digest will be welcome to all those interested in the case law of the International Court of Justice. We are, of course, aware that nowadays the decisions of the Court are easily accessible through electronic data systems. However, there is no systematic analysis available in the form presented by the World Court Digest. Therefore, the Digest will be useful for those who wish to find the most recent position of the Court on a particular issue of international law. As the three previous volumes, also this fourth volume will be made available through electronic data on the homepage of the Max Planck Institute for Comparative Public Law and International Law. The first five years of the new century have been a busy period for the Court due to its continuing heavy caseload. The cases concerned a variety of legal issues reaching from the use of force and self-defence to questions of land and maritime boundary delimitation, immunity, consular matters, revision of judgments and the effect of provisional measures. The parties to the cases were States from all parts of the world demonstrating the general acceptance of the Court.


Book
The Fair and Equitable Treatment (FET) Standard in International Investment Arbitration : Developing Countries in Context
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ISBN: 9811321256 9811321248 Year: 2018 Publisher: Singapore : Springer Singapore : Imprint: Springer,

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This book presents comprehensive information on a range of issues in connection with the Fair and Equitable Treatment (FET) standard, with a particular focus on arbitral awards against host developing countries, thereby contributing to the available literature in this area of international investment law. It examines in detail the interpretation of the FET standard of key arbitral awards affecting host developing countries, demonstrating the full range of interpretation approaches adopted by the current investment tribunals. At the same time, the book offers valuable practical guidance for counsels/scholars representing host developing countries in investment arbitration, where balancing the competing interests of the foreign investors and the host developing countries in investment disputes poses a complex challenge. The book puts forward the pressing need for a re-conceptualized interpretation of the FET standard in tune with the developmental issues and challenges faced by host developing countries, recognizing these countries’ particular perspectives as an important and relevant aspect of investment disputes (often ignored by the current investment tribunals), while continuing to ensure reasonable protections for foreign investors and therefore serving the needs of the system as whole. The findings presented here will greatly benefit host developing countries engaged in investment arbitration. In addition, the book offers an insightful guide for all researchers whose work involves investment law and investment arbitration issues. .


Book
Judicial Power in a Globalized World : Liber Amicorum Vincent De Gaetano
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ISBN: 3030207447 3030207439 Year: 2019 Publisher: Cham : Springer International Publishing : Imprint: Springer,

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This book explores fundamental topics concerning the functioning of the judiciary. The authors – class scholars, international judges and jurists from a diverse range of countries – address general theoretical issues in connection with judicial power, the role and functioning of international courts, international standards concerning the organization of national judiciaries, and the role of domestic courts in international relations, as well as alternative means of settling disputes. The book contributes a novel and valuable global perspective on burning issues, especially on judicial power and independence in a time in which illiberal and authoritarian regimes are constantly seeking to diminish the role of the judiciary.


Book
National mediation board : assessment, strategic plan, and faqs
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ISBN: 1634859944 Year: 2016 Publisher: New York, [New York] : Novinka,

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