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Dispute For Independence
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Book Synopsis The Independence and Impartiality of ICSID Arbitrators by : Maria Nicole Cleis
Download or read book The Independence and Impartiality of ICSID Arbitrators written by Maria Nicole Cleis and published by BRILL. This book was released on 2017-06-06 with total page 304 pages. Available in PDF, EPUB and Kindle. Book excerpt: The legitimacy of investor-State arbitration is a much-debated topic, with arbitrators’ independence and impartiality being one of the core concerns. In The Independence and Impartiality of ICSID Arbitrators, Maria Nicole Cleis explores how unbiased decision-making is ensured under the ICSID Convention. Juxtaposing existing disqualification decisions in the ICSID system against corresponding requirements in related dispute settlement systems, the book convincingly argues that the current approach to disqualification requests against ICSID arbitrators is too exacting in light of the high stakes of investor-State disputes. The author’s nuanced analysis of the status quo is followed by novel suggestions for reforms (including a proposal for ICSID-specific guidelines on conflict of interest), making the book a valuable source of ideas on constructive paths forward.
Book Synopsis The Conservative Case for Class Actions by : Brian T. Fitzpatrick
Download or read book The Conservative Case for Class Actions written by Brian T. Fitzpatrick and published by University of Chicago Press. This book was released on 2019-11-01 with total page 283 pages. Available in PDF, EPUB and Kindle. Book excerpt: Since the 1960s, the class action lawsuit has been a powerful tool for holding businesses accountable. Yet years of attacks by corporate America and unfavorable rulings by the Supreme Court have left its future uncertain. In this book, Brian T. Fitzpatrick makes the case for the importance of class action litigation from a surprising political perspective: an unabashedly conservative point of view. Conservatives have opposed class actions in recent years, but Fitzpatrick argues that they should see such litigation not as a danger to the economy, but as a form of private enforcement of the law. He starts from the premise that all of us, conservatives and libertarians included, believe that markets need at least some rules to thrive, from laws that enforce contracts to laws that prevent companies from committing fraud. He also reminds us that conservatives consider the private sector to be superior to the government in most areas. And the relatively little-discussed intersection of those two beliefs is where the benefits of class action lawsuits become clear: when corporations commit misdeeds, class action lawsuits enlist the private sector to intervene, resulting in a smaller role for the government, lower taxes, and, ultimately, more effective solutions. Offering a novel argument that will surprise partisans on all sides, The Conservative Case for Class Actions is sure to breathe new life into this long-running debate.
Book Synopsis The Politics of the Judiciary by : John Aneurin Grey Griffith
Download or read book The Politics of the Judiciary written by John Aneurin Grey Griffith and published by Manchester University Press. This book was released on 1977 with total page 232 pages. Available in PDF, EPUB and Kindle. Book excerpt:
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)
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.
Book Synopsis Independence Lost by : Kathleen DuVal
Download or read book Independence Lost written by Kathleen DuVal and published by Random House. This book was released on 2015-07-07 with total page 498 pages. Available in PDF, EPUB and Kindle. Book excerpt: A rising-star historian offers a significant new global perspective on the Revolutionary War with the story of the conflict as seen through the eyes of the outsiders of colonial society Winner of the Journal of the American Revolution Book of the Year Award • Winner of the Society of the Cincinnati in the State of New Jersey History Prize • Finalist for the George Washington Book Prize Over the last decade, award-winning historian Kathleen DuVal has revitalized the study of early America’s marginalized voices. Now, in Independence Lost, she recounts an untold story as rich and significant as that of the Founding Fathers: the history of the Revolutionary Era as experienced by slaves, American Indians, women, and British loyalists living on Florida’s Gulf Coast. While citizens of the thirteen rebelling colonies came to blows with the British Empire over tariffs and parliamentary representation, the situation on the rest of the continent was even more fraught. In the Gulf of Mexico, Spanish forces clashed with Britain’s strained army to carve up the Gulf Coast, as both sides competed for allegiances with the powerful Chickasaw, Choctaw, and Creek nations who inhabited the region. Meanwhile, African American slaves had little control over their own lives, but some individuals found opportunities to expand their freedoms during the war. Independence Lost reveals that individual motives counted as much as the ideals of liberty and freedom the Founders espoused: Independence had a personal as well as national meaning, and the choices made by people living outside the colonies were of critical importance to the war’s outcome. DuVal introduces us to the Mobile slave Petit Jean, who organized militias to fight the British at sea; the Chickasaw diplomat Payamataha, who worked to keep his people out of war; New Orleans merchant Oliver Pollock and his wife, Margaret O’Brien Pollock, who risked their own wealth to organize funds and garner Spanish support for the American Revolution; the half-Scottish-Creek leader Alexander McGillivray, who fought to protect indigenous interests from European imperial encroachment; the Cajun refugee Amand Broussard, who spent a lifetime in conflict with the British; and Scottish loyalists James and Isabella Bruce, whose work on behalf of the British Empire placed them in grave danger. Their lives illuminate the fateful events that took place along the Gulf of Mexico and, in the process, changed the history of North America itself. Adding new depth and moral complexity, Kathleen DuVal reinvigorates the story of the American Revolution. Independence Lost is a bold work that fully establishes the reputation of a historian who is already regarded as one of her generation’s best. Praise for Independence Lost “[An] astonishing story . . . Independence Lost will knock your socks off. To read [this book] is to see that the task of recovering the entire American Revolution has barely begun.”—The New York Times Book Review “A richly documented and compelling account.”—The Wall Street Journal “A remarkable, necessary—and entirely new—book about the American Revolution.”—The Daily Beast “A completely new take on the American Revolution, rife with pathos, double-dealing, and intrigue.”—Elizabeth A. Fenn, Pulitzer Prize–winning author of Encounters at the Heart of the World
Book Synopsis Independence Movements and Their Aftermath by : Jon B. Alterman
Download or read book Independence Movements and Their Aftermath written by Jon B. Alterman and published by Rowman & Littlefield. This book was released on 2018-11-23 with total page 226 pages. Available in PDF, EPUB and Kindle. Book excerpt: This volume explores the varied outcomes that self-determination movements around the world have achieved, and in particular seeks to understand what factors promote better outcomes and what factors promote worse ones. Rather than focusing on the metric of achieving independence, the project evaluates the quality of societies after independence, including such elements as economic strength and political resilience, and it analyzes what factors contribute to different outcomes. The study finds that the single most determinative factor in the success of any independence movement is frequently beyond the control of such a movement, often relating to the global and historical contexts in which the movement finds itself. However, a whole host of factors are within the control of such a movement, but movements do not always seek to act on many of them. Activists become so convinced in the justness of the independence cause that they do not focus on actions that would contribute to greater success after independence.
Book Synopsis International Organizations and International Dispute Settlement: Trends and Prospects by : Laurence Boisson de Chazournes
Download or read book International Organizations and International Dispute Settlement: Trends and Prospects written by Laurence Boisson de Chazournes and published by BRILL. This book was released on 2021-10-01 with total page 307 pages. Available in PDF, EPUB and Kindle. Book excerpt: This book contains the thoughts of officials of international organizations and NGOs, member of judicial bodies, and academics on the role of international organizations and the settlement of contentious cases before international judicial bodies. The timely work will undoubtedly be of interest to practitioners and scholars who are involved in issues related to cases before international judicial bodies. Published under the Transnational Publishers imprint.
Book Synopsis My Own Liberator by : Dikgang Moseneke
Download or read book My Own Liberator written by Dikgang Moseneke and published by Pan Macmillan South africa. This book was released on 2018-01-01 with total page 527 pages. Available in PDF, EPUB and Kindle. Book excerpt: In My Own Liberator, Dikgang Moseneke pays homage to the many people and places that have helped to define and shape him. In tracing his ancestry, the influence on both his maternal and paternal sides is evident in the values they imbued in their children – the importance of family, the value of hard work and education, an uncompromising moral code, compassion for those less fortunate and unflinching refusal to accept an unjust political regime or acknowledge its oppressive laws. As a young activist in the Pan-Africanist Congress, at the tender age of fifteen, Moseneke was arrested, detained and, in 1963, sentenced to ten years on Robben Island for participating in anti-apartheid activities. Physical incarceration, harsh conditions and inhumane treatment could not imprison the political prisoners’ minds, however, and for many the Island became a school not only in politics but an opportunity for dedicated study, formal and informal. It set the young Moseneke on a path towards a law degree that would provide the bedrock for a long and fruitful legal career and see him serve his country in the highest court. My Own Liberator charts Moseneke’ s rise as one of the country’s top legal minds, who not only helped to draft the interim constitution, but for fifteen years acted as a guardian of that constitution for all South Africans, helping to make it a living document for the country and its people.
Book Synopsis International Dispute Resolution by : Vesna Lazić
Download or read book International Dispute Resolution written by Vesna Lazić and published by Springer. This book was released on 2018-07-26 with total page 131 pages. Available in PDF, EPUB and Kindle. Book excerpt: The contributions in this book cover a wide range of topics within modern disputeresolution, which can be summarised as follows: harmonisation, enforcement andalternative dispute resolution. In particular, it looks into the impact of harmonisedEU law on national rules of civil procedure and addresses the lack of harmonisationin the US regarding the recognition and enforcement of foreign judgments. Furthermore,the law on enforcement is examined, not only by focusing on US law, but also onhow to attach assets in order to enforce a judgment. Finally, it addresses certain typesof alternative dispute resolution. In addition, the book looks into the systems andcultures of dispute resolution in several regions of the world, such as the EU, the US andChina, that have a high impact on globalisation. Hence, the book is diverse in the senseof dealing with multiple issues in the field of modern dispute resolution./div The book offers explorations of the impact of international rules and EU law on domesticcivil procedure, through case studies from, among others, the US, China, Belgium andthe Netherlands. The relevance of EU law for the national debate and its impact on theregulation of civil procedure is also considered. Furthermore, several contributions discussthe necessity and possibility of harmonisation in the emergency arbitrator mechanisms inthe EU. The harmonisation of private international law rules within the EU, particularlythose of a procedural nature, is juxtaposed to the lack thereof in the US. Also, the bookoffers an overview of the current dispute settlement mechanisms in China. The publication is primarily meant for legal academics in private international law andcivil procedure. It will also prove useful to practitioners regularly engaged in cross-borderdispute resolution and will be of added value to advanced students, as well as to those withan interest in international litigation and more generally in the area of dispute resolution. Vesna Lazić is Senior Researcher at the T.M.C. Asser Institute, Associate Professor ofPrivate Law at Utrecht University and Professor of European Civil Procedure at theUniversity of Rijeka. Steven Stuij is an expert in Private International Law and a PhD Candidate/GuestResearcher at the Erasmus School of Law, Rotterdam. Ton Jongbloed is Guest Editor on this volume./div
Download or read book Independence of Arbitrators written by and published by . This book was released on 2008 with total page 116 pages. Available in PDF, EPUB and Kindle. Book excerpt:
Book Synopsis Constitutionalism and the Role of Parliaments by : Katja S Ziegler
Download or read book Constitutionalism and the Role of Parliaments written by Katja S Ziegler and published by Hart Publishing. This book was released on 2007-05-22 with total page 306 pages. Available in PDF, EPUB and Kindle. Book excerpt: This book examines the role of parliaments in modern constitutionalism by comparing various European deliberative institutions.
Book Synopsis Boundary Disputes in Latin America by : Jorge I. Domínguez
Download or read book Boundary Disputes in Latin America written by Jorge I. Domínguez and published by . This book was released on 2003 with total page 48 pages. Available in PDF, EPUB and Kindle. Book excerpt:
Book Synopsis International Procedure in Interstate Litigation and Arbitration by : Eric De Brabandere
Download or read book International Procedure in Interstate Litigation and Arbitration written by Eric De Brabandere and published by Cambridge University Press. This book was released on 2021-11-25 with total page 445 pages. Available in PDF, EPUB and Kindle. Book excerpt: The settlement of interstate disputes through recourse to courts and tribunals has grown gradually over the years, not only through the creation of new mechanisms to that effect, but also by using existing courts and tribunals. How these different international dispute settlement mechanisms operate in theory and practice is the subject of this comparative analysis by academic and practicing lawyers. The book takes stock of the procedure applicable in various interstate dispute settlement bodies, including international and regional courts and tribunals, and arbitration. This comparative view is essential to a better understanding of the strengths and weaknesses of the various procedural rules and regulations and the practical operation of international litigation. This book is aimed not only at scholars, but also at the courts and tribunals themselves, assisting them in revising their procedures, and at States and organisations developing future international legal mechanisms.
Book Synopsis Towards Juristocracy by : Ran Hirschl
Download or read book Towards Juristocracy written by Ran Hirschl and published by Harvard University Press. This book was released on 2009-06-30 with total page 306 pages. Available in PDF, EPUB and Kindle. Book excerpt: In countries and supranational entities around the globe, constitutional reform has transferred an unprecedented amount of power from representative institutions to judiciaries. The constitutionalization of rights and the establishment of judicial review are widely believed to have benevolent and progressive origins, and significant redistributive, power-diffusing consequences. Ran Hirschl challenges this conventional wisdom. Drawing upon a comprehensive comparative inquiry into the political origins and legal consequences of the recent constitutional revolutions in Canada, Israel, New Zealand, and South Africa, Hirschl shows that the trend toward constitutionalization is hardly driven by politicians' genuine commitment to democracy, social justice, or universal rights. Rather, it is best understood as the product of a strategic interplay among hegemonic yet threatened political elites, influential economic stakeholders, and judicial leaders. This self-interested coalition of legal innovators determines the timing, extent, and nature of constitutional reforms. Hirschl demonstrates that whereas judicial empowerment through constitutionalization has a limited impact on advancing progressive notions of distributive justice, it has a transformative effect on political discourse. The global trend toward juristocracy, Hirschl argues, is part of a broader process whereby political and economic elites, while they profess support for democracy and sustained development, attempt to insulate policymaking from the vicissitudes of democratic politics.
Book Synopsis Judicial Independence by : Shimon Shetreet
Download or read book Judicial Independence written by Shimon Shetreet and published by Martinus Nijhoff Publishers. This book was released on 1985-01-01 with total page 728 pages. Available in PDF, EPUB and Kindle. Book excerpt: This study discusses the many different aspects of judicial independence in Israel. It begins with an historical analysis of the concept of judicial independence in a comparative perspective, emphasizing the conceptual roots of the judiciary in Jewish law. Recent decades have witnessed a marked increase in the role played by the judiciary in society. This general trend is apparent in Israel, where the highly significant social role played by the judiciary has been on the increase for some years. The constitutional role of the judiciary in society is more pronounced in countries where the courts are empowered to review the constitutionality of legislative acts. In Israel the power of judicial review, in decisions of the Supreme Court, has been applied in a number of cases in which legislation of the Israeli Parliament, the Knesset, has been set aside. The increasingly prominent role of the judiciary in Israel is further manifested by the frequent recourse to judicial commissions of inquiry, chaired by judges who are often called upon to examine some of the major public controversies.
Book Synopsis Comparative International Commercial Arbitration by : Julian D. M. Lew
Download or read book Comparative International Commercial Arbitration written by Julian D. M. Lew and published by Kluwer Law International B.V.. This book was released on 2003-01-01 with total page 994 pages. Available in PDF, EPUB and Kindle. Book excerpt: This treatise describes the practice of international commercial arbitration with reference to the major international treaties and instruments, arbitration rules and national laws. It provides an analysis of the interaction between party autonomy and arbitration practice.
Book Synopsis Guidelines for Understanding, Adjudicating, and Resolving Disputes in Elections by : Chad Vickery
Download or read book Guidelines for Understanding, Adjudicating, and Resolving Disputes in Elections written by Chad Vickery and published by IFES. This book was released on 2011 with total page 356 pages. Available in PDF, EPUB and Kindle. Book excerpt:
