Beyond Litigation

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Lawyers Beyond Borders

Author : Maria Armoudian
Publisher : University of Michigan Press
ISBN 13 : 0472038850
Total Pages : 263 pages
Book Rating : 4.4/5 (72 download)

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Book Synopsis Lawyers Beyond Borders by : Maria Armoudian

Download or read book Lawyers Beyond Borders written by Maria Armoudian and published by University of Michigan Press. This book was released on 2021-09-07 with total page 263 pages. Available in PDF, EPUB and Kindle. Book excerpt: Despite international conventions and human rights declarations, millions of people have suffered and continue to suffer torture, slavery, or violent deaths, with no remedy or recourse. They have fallen, in essence, “below the law,” outside of law’s protection. Often violated by their own governments, sometimes with support from transnational corporations, or nations benefiting from human rights violations, how can these victims find justice? Lawyers Beyond Borders reveals the inner workings of the advances and retreats in the quest for redress and restoration of human rights for those whom international legal-political systems have failed. The process of justice begins in the US, with a handful of human rights lawyers steeped in the American tradition of advancing civil rights through civil litigation. As the civil rights movement gained traction and an ample supply of lawyers, this small cadre turned their attention toward advancing international human rights, via the US legal system. They sought to build another piece of the rights revolution, this time for survivors of egregious human rights violations in faraway lands. These cases were among the most unlikely to be slated for victory: The abuses occurred abroad; the victims are aliens, usually with few, if any, resources; the perpetrators are politically powerful, resourced, and well connected, often members of governments, militaries, or multinational corporations. The legal and political systems’ structures are mostly stacked against these survivors, many who bear the scars of trauma and terror. Lawyers Beyond Borders is about agency. It is about how, in the face of powerful interests and seemingly insurmountable obstacles—political, psychological, economic, geographical, and physical—a small group of lawyers and survivors navigated a terrain of daunting barriers to begin building, case-by-case, new pathways to justice for those who otherwise would have none.

Beyond Legal Reasoning: a Critique of Pure Lawyering

Author : Jeffrey Lipshaw
Publisher : Routledge
ISBN 13 : 1315410796
Total Pages : 300 pages
Book Rating : 4.3/5 (154 download)

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Book Synopsis Beyond Legal Reasoning: a Critique of Pure Lawyering by : Jeffrey Lipshaw

Download or read book Beyond Legal Reasoning: a Critique of Pure Lawyering written by Jeffrey Lipshaw and published by Routledge. This book was released on 2017-03-27 with total page 300 pages. Available in PDF, EPUB and Kindle. Book excerpt: The concept of learning to ‘think like a lawyer’ is one of the cornerstones of legal education in the United States and beyond. In this book, Jeffrey Lipshaw provides a critique of the traditional views of ‘thinking like a lawyer’ or ‘pure lawyering’ aimed at lawyers, law professors, and students who want to understand lawyering beyond the traditional warrior metaphor. Drawing on his extensive experience at the intersection of real world law and business issues, Professor Lipshaw presents a sophisticated philosophical argument that the "pure lawyering" of traditional legal education is agnostic to either truth or moral value of outcomes. He demonstrates pure lawyering’s potential both for illusions of certainty and cynical instrumentalism, and the consequences of both when lawyers are called on as dealmakers, policymakers, and counsellors. This book offers an avenue for getting beyond (or unlearning) merely how to think like a lawyer. It combines legal theory, philosophy of knowledge, and doctrine with an appreciation of real-life judgment calls that multi-disciplinary lawyers are called upon to make. The book will be of great interest to scholars of legal education, legal language and reasoning as well as professors who teach both doctrine and thinking and writing skills in the first year law school curriculum; and for anyone who is interested in seeking a perspective on ‘thinking like a lawyer’ beyond the litigation arena.

Beyond Litigation

Author : Craig Anthony Arnold
Publisher : Environmental Law Institute
ISBN 13 : 9781585760329
Total Pages : 256 pages
Book Rating : 4.7/5 (63 download)

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Book Synopsis Beyond Litigation by : Craig Anthony Arnold

Download or read book Beyond Litigation written by Craig Anthony Arnold and published by Environmental Law Institute. This book was released on 2002 with total page 256 pages. Available in PDF, EPUB and Kindle. Book excerpt: Actual case studies teach techniques on how and how not to resolve water rights disputes. The articles compiled in this monograph demonstrate how judicial resolution does not always resolve conflict. Each article examines a particular conflict that is the subject of a major judicial opinion on water law.

Comparative Climate Change Litigation: Beyond the Usual Suspects

Author : Francesco Sindico
Publisher : Springer Nature
ISBN 13 : 3030468828
Total Pages : 615 pages
Book Rating : 4.0/5 (34 download)

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Book Synopsis Comparative Climate Change Litigation: Beyond the Usual Suspects by : Francesco Sindico

Download or read book Comparative Climate Change Litigation: Beyond the Usual Suspects written by Francesco Sindico and published by Springer Nature. This book was released on 2021-01-21 with total page 615 pages. Available in PDF, EPUB and Kindle. Book excerpt: This book is based on the acknowledgment that climate change is a multifaceted challenge that requires action on the part of all stakeholders, including civil society, and the notion that climate change is at a tipping point with urgent measures needed in the next decade. Against this background, civil society is turning its attention to the courts as a means to directly influence climate action, partly because of the global scepticism towards the progress of global climate action, despite the ongoing implementation of the Paris Agreement. Focusing on the individual, broadly representing civil society, the book offers fresh perspectives on climate change litigation. While most of the literature on climate change litigation examines the same specific jurisdictions, mostly common law countries (US and Australia in particular), this book also considers specific countries in Asia, Africa and Latin America with little or no climate change litigation. It explores the reasons for the lack of litigation and discusses what measures should or could be taken to change this situation and push forward climate action. Unlike other literature on the subject, this book analyses climate change litigation using a scenario-based methodology. Combining rigorous academic analysis with a practical policy-oriented focus, the book provides valuable insights for a wide range of stakeholders interested in climate change litigation. It appeals to civil society organisations around the world, international organisations and law firms interested in climate change litigation.

Beyond the Rules

Author : Catherine O'Grady
Publisher : West Academic Publishing
ISBN 13 : 9781642429947
Total Pages : 150 pages
Book Rating : 4.4/5 (299 download)

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Book Synopsis Beyond the Rules by : Catherine O'Grady

Download or read book Beyond the Rules written by Catherine O'Grady and published by West Academic Publishing. This book was released on 2021-08-13 with total page 150 pages. Available in PDF, EPUB and Kindle. Book excerpt: This concise book brings behavioral insights to the wide array of topics commonly taught in the required professional responsibility course, including admission to the practice of law, confidentiality, conflicts of interest, representing entities, prosecutorial and criminal defense ethics, litigation and negotiation ethics, legal billing, and managerial and subordinate responsibilities. Behavioral legal ethics relies on empirical research to explore how lawyers actually make ethical decisions in context, rather than how they predict they would decide an ethical dilemma. This approach complements the law of lawyering by seeking to understand how various psychological factors and situational pressures explain and influence decision-making and resulting ethical (or unethical) action. Each chapter explores findings from behavioral science that pertain to ethical decision-making such as motivated reasoning, confirmation bias and other cognitive biases, fast thinking, the fundamental attribution error, wrongful obedience, conformity, moral disengagement, and much more. In addition, each chapter contains relevant case studies and reflection questions to deepen and cement students' understanding of the role of behavioral legal ethics in professional responsibility. Finally, the book offers ideas for individual attorneys and legal organizations to improve ethical decision-making. The book can be used as a stand-alone text in a required professional responsibility course, along with the ABA Model Rules of Professional Conduct and select cases and materials, or it can be used as a supplement to a professional responsibility casebook. In addition, the book can be used in advanced legal ethics courses. The authors, both scholars in the field of behavioral legal ethics, are professional responsibility professors who have incorporated behavioral legal ethics into their own classrooms. They have found that students enjoy studying and discussing behavioral insights, and that integrating a behavioral focus to the study of legal ethics helps students better understand the ethical doctrines, policy, and context that underlie the law of lawyering and the ABA Model Rules. A sampling of student testimonials include: "I found the psychology of legal ethics extremely helpful. It really allowed me to focus in on the issues I know I will be challenged with when I enter the legal profession." "I liked how the course was not just putting the rule on the board and going over it, which I have heard some professors do. I liked looking at the rules through a behavioral science lens." "I appreciated the unique take from the behavioral sciences side." "It is kind of hard to imagine studying ethics without any mention of the psychological issues at this point."

Beyond Territoriality

Author : Gunther Handl
Publisher : Martinus Nijhoff Publishers
ISBN 13 : 9004186476
Total Pages : 584 pages
Book Rating : 4.0/5 (41 download)

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Book Synopsis Beyond Territoriality by : Gunther Handl

Download or read book Beyond Territoriality written by Gunther Handl and published by Martinus Nijhoff Publishers. This book was released on 2012 with total page 584 pages. Available in PDF, EPUB and Kindle. Book excerpt: This book traces the evolution of transnational legal authority in the course of globalization. Representative case studies buttress its conclusion that today transnational authority is multifaceted, a phenomenon that renders unreliable the concepts of territoriality/extraterritoriality as global governance markers.

Briefs and Beyond

Author : Mary Beth Beazley
Publisher : Aspen Publishing
ISBN 13 : 154382322X
Total Pages : 485 pages
Book Rating : 4.5/5 (438 download)

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Book Synopsis Briefs and Beyond by : Mary Beth Beazley

Download or read book Briefs and Beyond written by Mary Beth Beazley and published by Aspen Publishing. This book was released on 2021-01-31 with total page 485 pages. Available in PDF, EPUB and Kindle. Book excerpt: This book hits the sweet spot between books that focus only on briefs and books that try to do too much. Expertly written and constructed by Mary Beth Beazley and Monte Smith, Briefs and Beyond: Persuasive Legal Writing gives law professors options to supplement a persuasive writing course with complaints, demand letters, and other persuasive documents while not overwhelming their students. Professors and student will benefit from: A behavioral approach to legal writing A focus on how documents look as well as what they say Sidebars that answer students’ common questions as they go along Effective formulas for legal writing that ease the writing process Many examples of both good and bad writing throughout that illustrate concepts covered in the text

Dispute Resolution

Author : Carrie J. Menkel-Meadow
Publisher : Aspen Publishing
ISBN 13 : 1543803105
Total Pages : 819 pages
Book Rating : 4.5/5 (438 download)

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Book Synopsis Dispute Resolution by : Carrie J. Menkel-Meadow

Download or read book Dispute Resolution written by Carrie J. Menkel-Meadow and published by Aspen Publishing. This book was released on 2018-09-14 with total page 819 pages. Available in PDF, EPUB and Kindle. Book excerpt: Dispute Resolution: Beyond the Adversarial Model, Third Edition provides a comprehensive look at the current state of ADR. For each area of Negotiation, Mediation, Arbitration, and Hybrid processes, the text incorporates four key aspects: the theoretical framework defining the process; the skills needed to practice it; the ethical issues implicated in its use and how to counsel users of such processes; and legal and policy analyses, with questions and problems within the text. New to the Third Edition: A shorter, more compact book designed to be student-friendly Exercises and discussion problems throughout Designed for one chapter to be covered each week of a typical ADR course The latest on Online Dispute Resolution, Dispute System Design, Supreme Court decisions on arbitration, and empirical work on mediation and negotiation Professors and students will benefit from: Comprehensive, current coverage. The theory, skills, ethical issues, and legal and policy analyses relevant to all key areas of contemporary ADR practice—Negotiation, Mediation, Arbitration, and hybrid and multi-party processes and their appropriate uses—are thoroughly covered using a rich range of up-to-date cases and readings. Authored by the leading scholars and teachers in the field of Dispute Resolution. The authors are award winning and recognized for their scholarship, teaching, practice, policy making, and standards drafting throughout the wide range of particular ADR processes. Practical approach to problem-solving. The text engages students as active participants in resolving human and legal problems, using individual or combined resolution processes in varying gender, race, and cultural contexts. International and multi-party dispute resolution. These important, high-interest contexts and applications are thoroughly covered in discrete chapters. Readings balance theory and theory-in-use. Readings include cases, behaviorally and critically based articles, examples, empirical studies, and relevant statutory and other regulatory material to illuminate the challenge of balancing rules and laws with the economic and emotional constraints inherent in disputes. Challenging, relevant readings. The text includes a wide range of perspectives, from Fisher, Ury, and Patton’s Getting to Yes, Raiffa’s Art and Science of Negotiation, and materials on modern deliberative democracy, group facilitation and decision making, counseling clients about uses of ADR, enforcement of negotiation, and mediation agreements. Key cases include AT&T v. Concepcion and other recent Supreme court cases on arbitration. Teaching materials include: Numerous role-plays and simulations for skills development Suggested teaching exercises, syllabi and “answers” to problem boxes found in text Recommendations for supplemental materials, such as videos and transcripts Examination and paper suggestions for each chapter

Model Rules of Professional Conduct

Author : American Bar Association. House of Delegates
Publisher : American Bar Association
ISBN 13 : 9781590318737
Total Pages : 216 pages
Book Rating : 4.3/5 (187 download)

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Book Synopsis Model Rules of Professional Conduct by : American Bar Association. House of Delegates

Download or read book Model Rules of Professional Conduct written by American Bar Association. House of Delegates and published by American Bar Association. This book was released on 2007 with total page 216 pages. Available in PDF, EPUB and Kindle. Book excerpt: The Model Rules of Professional Conduct provides an up-to-date resource for information on legal ethics. Federal, state and local courts in all jurisdictions look to the Rules for guidance in solving lawyer malpractice cases, disciplinary actions, disqualification issues, sanctions questions and much more. In this volume, black-letter Rules of Professional Conduct are followed by numbered Comments that explain each Rule's purpose and provide suggestions for its practical application. The Rules will help you identify proper conduct in a variety of given situations, review those instances where discretionary action is possible, and define the nature of the relationship between you and your clients, colleagues and the courts.

Beyond Failure

Author : Norbert J. Delatte
Publisher : Amer Society of Civil Engineers
ISBN 13 : 9780784409732
Total Pages : 407 pages
Book Rating : 4.4/5 (97 download)

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Book Synopsis Beyond Failure by : Norbert J. Delatte

Download or read book Beyond Failure written by Norbert J. Delatte and published by Amer Society of Civil Engineers. This book was released on 2009 with total page 407 pages. Available in PDF, EPUB and Kindle. Book excerpt: Norbert Delatte presents the circumstances of important failures that have had far-reaching impacts on civil engineering practice, organized around topics in the engineering curriculum.

Beyond Right and Wrong

Author : Randall Kiser
Publisher : Springer Science & Business Media
ISBN 13 : 364203814X
Total Pages : 446 pages
Book Rating : 4.6/5 (42 download)

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Book Synopsis Beyond Right and Wrong by : Randall Kiser

Download or read book Beyond Right and Wrong written by Randall Kiser and published by Springer Science & Business Media. This book was released on 2010-01-07 with total page 446 pages. Available in PDF, EPUB and Kindle. Book excerpt: Let us endeavor to see things as they are, and then enquire whether we ought to complain. Whether to see life as it is, will give us much consolation, I know not; but the consolation which is drawn from truth if any there be, is solid and durable: that which may be derived from errour, must be, like its original, fallacious and fugitive. Samuel Johnson, Letter to Bennet Langton (1758) Attorneys and clients make hundreds of decisions in every litigation case. From initially deciding which attorney to retain to deciding which witnesses to call at trial, from deciding whether to ?le a complaint to deciding whether to appeal a verdict, attorneys and clients make multiple, critical decisions about strategies, costs, arguments, valuations, evidence and negotiations. Once made, these de- sions are scrutinized by an opponent intent on exploiting the consequences of any mistake. In this intense and adversarial arena, decision-making errors often are transparent, irreversible and dispositive, wielding the power to bankrupt clients and dissolve law ?rms. Although attorneys and clients may regard sound decision making as incidental to effective lawyering, sound decision making actually is the essence of effective lawyering. An attorney’s knowledge, intelligence and experience are inert re- urces until the attorney decides how to deploy those skills to serve the client’s interests. Those decisions, in turn, largely determine a case’s course and outcome.

Beyond Winning

Author : Robert H. Mnookin
Publisher : Harvard University Press
ISBN 13 : 0674504100
Total Pages : 369 pages
Book Rating : 4.6/5 (745 download)

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Book Synopsis Beyond Winning by : Robert H. Mnookin

Download or read book Beyond Winning written by Robert H. Mnookin and published by Harvard University Press. This book was released on 2004-04-15 with total page 369 pages. Available in PDF, EPUB and Kindle. Book excerpt: Conflict is inevitable, in both deals and disputes. Yet when clients call in the lawyers to haggle over who gets how much of the pie, traditional hard-bargaining tactics can lead to ruin. Too often, deals blow up, cases don’t settle, relationships fall apart, justice is delayed. Beyond Winning charts a way out of our current crisis of confidence in the legal system. It offers a fresh look at negotiation, aimed at helping lawyers turn disputes into deals, and deals into better deals, through practical, tough-minded problem-solving techniques. In this step-by-step guide to conflict resolution, the authors describe the many obstacles that can derail a legal negotiation, both behind the bargaining table with one’s own client and across the table with the other side. They offer clear, candid advice about ways lawyers can search for beneficial trades, enlarge the scope of interests, improve communication, minimize transaction costs, and leave both sides better off than before. But lawyers cannot do the job alone. People who hire lawyers must help change the game from conflict to collaboration. The entrepreneur structuring a joint venture, the plaintiff embroiled in a civil suit, the CEO negotiating an employment contract, the real estate developer concerned with environmental hazards, the parent considering a custody battle—clients who understand the pressures and incentives a lawyer faces can work more effectively within the legal system to promote their own best interests. Attorneys exhausted by the trench warfare of cases that drag on for years will find here a positive, proven approach to revitalizing their profession.

Climate Refugees

Author : Simon Behrman
Publisher : Cambridge University Press
ISBN 13 : 1108904610
Total Pages : pages
Book Rating : 4.1/5 (89 download)

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Book Synopsis Climate Refugees by : Simon Behrman

Download or read book Climate Refugees written by Simon Behrman and published by Cambridge University Press. This book was released on 2022-02-28 with total page pages. Available in PDF, EPUB and Kindle. Book excerpt: The last few years have witnessed a flurry of activity in global governance and international lawseeking to address the protection gaps for people fleeing the effects of climate change. This book discusses cutting-edge developments in law and policy on climate change and forced displacement, including theories and potential solutions, issues of governance, local and regional concerns, and future challenges. Chapters are written by a range of authors from academics to key figures in intergovernmental organisations, and offer detailed case studies of policy developments in the Americas, Europe, South-East Asia, and the Pacific. This is an ideal resource for graduate students and researchers from a range of disciplines, as well as policymakers working in environmental law, environmental governance, and refugee and migration law. This is one of a series of publications associated with the Earth System Governance Project. For more publications, see www.cambridge.org/earth-system-governance.

Beyond the Courtroom

Author : Hal Abramson
Publisher : Academic Studies PRess
ISBN 13 : 1644692562
Total Pages : 445 pages
Book Rating : 4.6/5 (446 download)

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Book Synopsis Beyond the Courtroom by : Hal Abramson

Download or read book Beyond the Courtroom written by Hal Abramson and published by Academic Studies PRess. This book was released on 2020-11-03 with total page 445 pages. Available in PDF, EPUB and Kindle. Book excerpt: Beyond the Courtroom provides a compilation of articles and chapters by a dispute resolution scholar who has made remarkable contributions over his thirty-year career. Professor Abramson has focused his research and practice on parties trying to resolve their own disputes. This book includes publications that have contributed to launching the then new field of mediation representation with special attention on how attorneys, as gate keepers to mediation, can effectively represent clients. The book also includes his original publications that have contributed to the emerging field of intercultural and international mediation and the already robust and mature field of negotiations.

Beyond Smart

Author : Ronda Muir
Publisher : American Bar Association
ISBN 13 : 9781634259163
Total Pages : 0 pages
Book Rating : 4.2/5 (591 download)

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Book Synopsis Beyond Smart by : Ronda Muir

Download or read book Beyond Smart written by Ronda Muir and published by American Bar Association. This book was released on 2017 with total page 0 pages. Available in PDF, EPUB and Kindle. Book excerpt: Everyone is familiar with "IQ"--intelligence quotient. Most lawyers put their IQ scores up there with their SAT and LSAT scores as generally acknowledged evidence of their competence. But what is your emotional intelligence quotient? And why should you care?"Emotional intelligence" (EI) is the ability to recognize, understand, and regulate our own and others' emotions. Industries worldwide have incorporated EI into their education, hiring, training, and management programs to maximize performance. BEYOND SMART: LAWYERING WITH EMOTIONAL INTELLIGENCE is the first comprehensive guide to understanding and raising emotional intelligence in the unique context of law practice. It explains the origins of EI, a lawyer's historic role in developing the concept, how lawyers compare in EI to other professionals and how to determine your level of EI. Beyond Smart also outlines how: - Emotionally intelligent lawyers are smarter, better practitioners--as negotiators, litigators and judges, make more money, and are physically and mentally healthier;- Emotionally intelligent law departments and law firms profit from more effective leadership, greater performance, enhanced teamwork, and increased client satisfaction, as well as lower attrition, healthcare and professional liability costs;- Emotionally intelligent practices can thrive in an increasingly competitive and technologically complex marketplace, even outperforming artificial intelligence; and- Individuals, workplaces and law schools can take steps to raise emotional intelligence.This user-friendly, practical resource is designed for today's legal professional who desires to improve their communication, client service and leadership skills and create a high performance, high functioning workplace.

Lawyers Beyond Borders

Author : Maria Armoudian
Publisher : University of Michigan Press
ISBN 13 : 047212904X
Total Pages : 263 pages
Book Rating : 4.4/5 (721 download)

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Book Synopsis Lawyers Beyond Borders by : Maria Armoudian

Beyond Territorial Disputes in the South China Sea

Author : Robert C. Beckman
Publisher : Edward Elgar Publishing
ISBN 13 : 1781955948
Total Pages : 372 pages
Book Rating : 4.7/5 (819 download)

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Book Synopsis Beyond Territorial Disputes in the South China Sea by : Robert C. Beckman

Download or read book Beyond Territorial Disputes in the South China Sea written by Robert C. Beckman and published by Edward Elgar Publishing. This book was released on 2013-01-01 with total page 372 pages. Available in PDF, EPUB and Kindle. Book excerpt: 'The book has been written by many highly qualified observers and academicians that have spent a lot of time observing and analyzing the recent developments in the South China Sea, particularly those relating to the dispute and way of overcoming them. I do hope that this publication will throw some light on such important matters and indicate possible roads to follow in solving the territorial disputes through joint development concept.' Hasjim Djalal, Director of Southeast Asian Studies, Jakarta, Indonesia This highly informative and up-to-date book brings together expert scholars in law of the sea to explore the legal and geopolitical aspects of the South China Sea disputes and provide an in-depth examination on the prospects of joint development in the South China Sea. The South China Sea has long been regarded as a source of conflict and tension in Asia. Underlying this conflict is the dispute between China, Vietnam, the Philippines, Malaysia and Brunei over the features in the South China Sea, as well as the resources in the surrounding waters. One viable solution is for the claimants to set aside their claims and jointly develop the hydrocarbon resources in the South China Sea. Unlike previous works, this book takes a unique approach by examining existing joint development arrangements in Asia to see if there are any 'lessons learnt' that may be applicable to the South China Sea. This approach has enabled the editors to move beyond a mere theoretical discussion on joint development and focus on the law, policy and practical issues related to joint development. Beyond Territorial Disputes in the South China Sea will strongly appeal to Government officials, policy-makers from ASEAN Countries, China and the United States, as well as academics, particularly those who are involved in legal scholarship on the South China Sea disputes. Practitioners of oil and gas law will also find much to benefit them in this book.