International Dispute Settlement

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Publisher : Cambridge University Press
ISBN 13 : 1139500120
Total Pages : 387 pages
Book Rating : 4.1/5 (395 download)

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Book Synopsis International Dispute Settlement by : J. G. Merrills

Download or read book International Dispute Settlement written by J. G. Merrills and published by Cambridge University Press. This book was released on 2011-03-17 with total page 387 pages. Available in PDF, EPUB and Kindle. Book excerpt: A guide to the techniques and institutions used to solve international disputes, how they work and when they are used. This textbook looks at diplomatic (negotiation, mediation, inquiry and conciliation) and legal methods (arbitration, judicial settlement). It uses many, often topical, examples of each method in practice to place the theory of how things should work in the context of real-life situations and to help the reader understand the strengths and weaknesses of different methods when they are used. It also looks at organisations such as the International Court and the United Nations and has been fully updated to include the most recent arbitrations, developments in the WTO and the International Tribunal for the Law of the Sea, as well as case law from the International Court of Justice.

The Settlement of Foreign Investment Disputes

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Publisher : Springer
ISBN 13 : 9789041114358
Total Pages : 0 pages
Book Rating : 4.1/5 (143 download)

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Book Synopsis The Settlement of Foreign Investment Disputes by : M. Sornarajah

Download or read book The Settlement of Foreign Investment Disputes written by M. Sornarajah and published by Springer. This book was released on 2000-11-08 with total page 0 pages. Available in PDF, EPUB and Kindle. Book excerpt: Disputes arising from foreign investment activities are on the increase, and with them a growing awareness among practitioners of a greater variety of settlement methods than most legal analyses have dealt with heretofore. With the experience gained in recent years from a broad spectrum of successful negotiation, arbitration, and litigation techniques, it is possible to derive a comprehensive, critical survey of the principal methods of settling foreign investment disputes. This outstanding book masterfully provides such a survey. The Settlement of Foreign Investment Disputes in International Law treats the subject systematically, dealing first with the internal balances within modern foreign investment contracts, the complexities that arise due to state participation or interference in these contracts, and the stances that are taken when disputes arise. It goes on to examine, in turn, the main issues involved in negotiation, arbitration, and judicial settlement as the methods of settling foreign investment disputes, discussing the controversial themes in each of these methods in detail. Recognizing that the focus of attention is shifting to the misconduct of multinational corporations, the last chapter contains a discussion of the role of domestic courts.

Settlement Agreements in Commercial Disputes: Negotiating, Drafting & Enforcement, 2nd Edition

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Author :
Publisher : Wolters Kluwer
ISBN 13 : 1543813240
Total Pages : 2320 pages
Book Rating : 4.5/5 (438 download)

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Book Synopsis Settlement Agreements in Commercial Disputes: Negotiating, Drafting & Enforcement, 2nd Edition by : Rosen, Velazquez

Download or read book Settlement Agreements in Commercial Disputes: Negotiating, Drafting & Enforcement, 2nd Edition written by Rosen, Velazquez and published by Wolters Kluwer. This book was released on 2019-06-16 with total page 2320 pages. Available in PDF, EPUB and Kindle. Book excerpt: With nearly all corporate disputes being resolved in settlements, drafting strong, enforceable settlement agreements is one of the most critical and challenging areas of corporate and commercial law practice today. Yet there has never been a single, comprehensive guide to the complex legal issues involved in negotiating, drafting and enforcing settlement agreements until Settlement Agreements in Commercial Disputes. Here, in two comprehensive volumes, including CD-Rom and forms, top experts offer insights gained from many years of litigation and dispute resolution experience to give you critical tools needed to prepare successful settlements: Sophisticated analysis of the law and its application Detailed planning of effective drafting techniques In-depth coverage of "hot issues," such as multi-party settlements and tax considerations Strategies for handling "special topics," such as tax and environmental concerns A time-saving library of model agreements on disk for a variety of disputes and jurisdictions Extensive case citations And much more Whether you are looking for the best way to handle a particularly troubling issue, or simply want to be sure you have anticipated every legal eventuality, Settlement Agreements in Commercial Disputes will give you the insights, information and guidance needed to prepare settlement agreements that meet your client's or company's objectives. Note: Online subscriptions are for three-month periods. Previous Edition: Settlement Agreements in Commercial Disputes: Negotiating, Drafting and Enforcement ISBN: 9780735514782

The Settlement of Disputes in International Law

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Author :
Publisher : Oxford University Press, USA
ISBN 13 : 9780198299271
Total Pages : 428 pages
Book Rating : 4.2/5 (992 download)

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Book Synopsis The Settlement of Disputes in International Law by : John G. Collier

Download or read book The Settlement of Disputes in International Law written by John G. Collier and published by Oxford University Press, USA. This book was released on 2000 with total page 428 pages. Available in PDF, EPUB and Kindle. Book excerpt: For many years it was said that the weakness of international law was the lack of a system for the enforcement of legal obligations. Commentators pointed to the paucity of cases in the International Court and the unwillingness of States to undertake binding obligations to settle their disputes. This position has now changed beyond recognition. The number of international tribunals has increased and many of them, such as ICSID and the International Court of Justice, are busier than at any time in their history. Increasingly, the classical procedures of diplomatic protection are circumvented as corporations and individuals litigate in their own right against States in international tribunals. This book surveys the range of procedures for the settlement of international disputes, whether the disputes arise between States or between States and corporations or individuals. The first part of the book examines non-judicial procedures such as negotiation, mediation, fact-finding, as well as judicial procedures. Among the tribunals covered are ICSID, the UNCC and the Iran-US Claim Tribunal, the WTO disputes panels, ad-hoc inter-State and international commercial arbitral tribunals and the International Court of Justice. In the second part of the book the emerging principles of procedural law applied in these tribunals are discussed. Here the authors go through the entire settlement process from the agreement to submit to a settlement procedure and the constitution of the tribunal, through to the determination of the law applicable to the merits and to the procedure of the tribunal, to the review, and ultimately the recognition and enforcement of tribunal awards.

Settling Disputes

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Author :
Publisher : Routledge
ISBN 13 : 0429963211
Total Pages : 223 pages
Book Rating : 4.4/5 (299 download)

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Book Synopsis Settling Disputes by : Linda Singer

Download or read book Settling Disputes written by Linda Singer and published by Routledge. This book was released on 2018-03-05 with total page 223 pages. Available in PDF, EPUB and Kindle. Book excerpt: Within the past few years, innovative methods have been developed not only to settle disputes out of court but also to supplement or replace the means by which legislatures, businesses, communities, therapists, and schools handle conflicts that once could be resolved only by litigation or force. Settling Disputes serves as an essential guide to the new settlement alternatives. This updated edition, in response to the rapid changes of the past five years, includes substantial new material that describes recent transformations in the way that courts and public agencies respond to disputes. The book discusses alternative dispute resolution from the viewpoints of potential participants and offers advice to those who are involved in disputes to help them analyze their situations and goals. Finally, it provides suggestions for professionals involved in dispute resolution and for those whose jobs in law, business, or government are affected by the new options for settling disputes.The dispute resolution movement continues to offer the most hopeful, powerful alternative to the business and personal costs of litigation or, worse, of violence. It has tremendous implications for the professional lives of Americans, for their private lives?as parents, spouses, neighbors, and consumers?and for their role as citizens.The first edition of Settling Disputes was awarded the 1990 Center for Public Resources Book Prize.

A Handbook on the WTO Dispute Settlement System

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Author :
Publisher : Cambridge University Press
ISBN 13 : 1108417272
Total Pages : 417 pages
Book Rating : 4.1/5 (84 download)

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Book Synopsis A Handbook on the WTO Dispute Settlement System by : World Trade Organization

Download or read book A Handbook on the WTO Dispute Settlement System written by World Trade Organization and published by Cambridge University Press. This book was released on 2017-09-14 with total page 417 pages. Available in PDF, EPUB and Kindle. Book excerpt: This handbook offers a detailed explanation of the rules and procedures of the WTO dispute settlement system.

Dispute Settlement in the World Trade Organization

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Author :
Publisher : Cambridge University Press
ISBN 13 : 9780521530033
Total Pages : 356 pages
Book Rating : 4.5/5 (3 download)

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Book Synopsis Dispute Settlement in the World Trade Organization by : David Palmeter

Download or read book Dispute Settlement in the World Trade Organization written by David Palmeter and published by Cambridge University Press. This book was released on 2004-04 with total page 356 pages. Available in PDF, EPUB and Kindle. Book excerpt: Any experienced lawyer knows that cases are most often won or lost on procedural grounds; yet procedural issues are often considered too technical for proper treatment in legal literature. In this extensively revised new edition of Palmeter and Mavroidis' authoritative book on WTO dispute settlement, the authors discuss all WTO dispute settlement provisions and their interpretation in WTO jurisprudence. All the decisions of panels and the Appellate Body are discussed, from the inception of the WTO in 1995 until the end of May 2003. Although the book contains considerable technical expertise, it is at the same time written for accessibility to a wide readership. This volume - an essential tool for practitioners, diplomats and government lawyers - is a comprehensive study of compulsory third party adjudication in international law.

The Investor-State Dispute Settlement System

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Publisher : Kluwer Law International B.V.
ISBN 13 : 9403518103
Total Pages : 441 pages
Book Rating : 4.4/5 (35 download)

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Book Synopsis The Investor-State Dispute Settlement System by : Alan M. Anderson

Download or read book The Investor-State Dispute Settlement System written by Alan M. Anderson and published by Kluwer Law International B.V.. This book was released on 2020-11-27 with total page 441 pages. Available in PDF, EPUB and Kindle. Book excerpt: Investor-State disputes are increasing and damage awards are often significant. It is thus no surprise that the investor-State dispute settlement (ISDS) system has come under scrutiny. Perceptions have arisen that ISDS is inconsistent, lacks transparency, and is simply unfair. This book delves into the ongoing worldwide debate and discussions regarding the ISDS system. Drawing contributors from around the world, the authors provide insights on critical topics and address the key question facing the ISDS system and the international community it serves: Should the present ISDS system be reformed, replaced, or simply remain as is? The contributors represent points of view ranging from academia to practice to governmental entities, addressing such topics as: the possible consequences of wholesale replacement or elimination of the current ISDS system; mediation as an alternative to resolve ISDS disputes; the creation of a multinational investment court or appellate review mechanism; lack of an early dismissal mechanism to eliminate meritless claims; issues regarding arbitrators, including their appointment and ethical obligations; how investors may retain their right to pursue claims for violations of investment protection following termination of an agreement; a State’s right to assert a counterclaim against an investor-claimant; the role of ISDS in promoting and protecting renewable energy production; the liability of State-controlled entities; the effects and implications of third-party funding; the duty to mitigate damages in the light of excessive damages awards; and improvements and issues relating to post-award enforcement, duration, and cost of ISDS. This book considers the ongoing deliberations and reform measures proposed by UNCITRAL’s Working Group III and provides insights into how several geographic regions and economic cooperation areas have sought to address the question of reform of the ISDS system, including the European Union, the Middle East, and the new United States-Mexico-Canada Agreement. With its much-needed and deeply informed balancing of investor and State rights and duties, this book will be welcomed by all who practise in the ISDS field, including arbitrators, State governments and non-governmental organizations, regional economic organizations, and international investors.

International Dispute Settlement

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Author :
Publisher : Cambridge University Press
ISBN 13 : 9781139448413
Total Pages : 424 pages
Book Rating : 4.4/5 (484 download)

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Book Synopsis International Dispute Settlement by : J. G. Merrills

Download or read book International Dispute Settlement written by J. G. Merrills and published by Cambridge University Press. This book was released on 2005-10-27 with total page 424 pages. Available in PDF, EPUB and Kindle. Book excerpt: A completely updated edition of a definitive survey of the peaceful settlement of disputes - a key aspect of international law and international relations. Many methods of handling such disputes have been developed, and this book explains what the relevant techniques and institutions are, how they work and when they are used. Separate chapters cover the various diplomatic methods (negotiation, mediation, inquiry and conciliation), the legal methods (arbitration and judicial settlement), the special arrangements for disputes concerning trade or the law of the sea, and the role of the United Nations and regional organisations. The strengths and limitations of each method are illustrated with numerous examples taken from international practice. This new edition deals with many current developments, including the latest UN peace-keeping operations, the work of the WTO and of the International Tribunal for the Law of the Sea, and the latest case-law of the International Court of Justice.

The Peaceful Settlement of International Disputes

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Publisher : Cambridge University Press
ISBN 13 : 1107164273
Total Pages : 465 pages
Book Rating : 4.1/5 (71 download)

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Book Synopsis The Peaceful Settlement of International Disputes by : Yoshifumi Tanaka

Download or read book The Peaceful Settlement of International Disputes written by Yoshifumi Tanaka and published by Cambridge University Press. This book was released on 2018-01-11 with total page 465 pages. Available in PDF, EPUB and Kindle. Book excerpt: This book offers students a clear and systematic overview of procedures for peaceful dispute settlement in international law.

International Economic Dispute Settlement

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Publisher : Cambridge University Press
ISBN 13 : 1108967124
Total Pages : 520 pages
Book Rating : 4.1/5 (89 download)

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Book Synopsis International Economic Dispute Settlement by : Manfred Elsig

Download or read book International Economic Dispute Settlement written by Manfred Elsig and published by Cambridge University Press. This book was released on 2021-07-22 with total page 520 pages. Available in PDF, EPUB and Kindle. Book excerpt: The post-Cold War era has seen an unprecedented move towards more legalization in international cooperation and a growth of third-party dispute settlement systems. WTO panels, the Appellate Body and investor-state dispute settlement cases have received increasing attention beyond the core trade and investment constituencies within governments. Scrutiny by business, civil society, academia, and trade and investment experts has been on the rise. This book asks whether we observe a transformation or a demise of existing institutions and mechanisms to adjudicate disputes over trade or investment. It makes a contribution to the question in which direction international economic dispute settlement is heading in times of change, uncertainty and increasing economic nationalism. In order to do so, it brings together chapters written by leading researchers and experts in law and political science to address the challenges of settling disputes in the global economy and to sketch possible scenarios ahead of us.

Handbook on the Peaceful Settlement of Disputes Between States

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Author :
Publisher : New York : United Nations
ISBN 13 :
Total Pages : 268 pages
Book Rating : 4.3/5 (91 download)

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Book Synopsis Handbook on the Peaceful Settlement of Disputes Between States by : United Nations. Codification Division

Download or read book Handbook on the Peaceful Settlement of Disputes Between States written by United Nations. Codification Division and published by New York : United Nations. This book was released on 1992 with total page 268 pages. Available in PDF, EPUB and Kindle. Book excerpt:

Settling Disputes

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Author :
Publisher : Routledge
ISBN 13 : 0429974299
Total Pages : 193 pages
Book Rating : 4.4/5 (299 download)

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Book Synopsis Settling Disputes by : Linda Singer

Download or read book Settling Disputes written by Linda Singer and published by Routledge. This book was released on 2018-03-05 with total page 193 pages. Available in PDF, EPUB and Kindle. Book excerpt: Within the past few years, innovative methods have been developed not only to settle disputes out of court but also to supplement or replace the means by which legislatures, businesses, communities, therapists, and schools handle conflicts that once could be resolved only by litigation or force. Settling Disputes serves as an essential guide to the new settlement alternatives. This updated edition, in response to the rapid changes of the past five years, includes substantial new material that describes recent transformations in the way that courts and public agencies respond to disputes. The book discusses alternative dispute resolution from the viewpoints of potential participants and offers advice to those who are involved in disputes to help them analyze their situations and goals. Finally, it provides suggestions for professionals involved in dispute resolution and for those whose jobs in law, business, or government are affected by the new options for settling disputes.The dispute resolution movement continues to offer the most hopeful, powerful alternative to the business and personal costs of litigation or, worse, of violence. It has tremendous implications for the professional lives of Americans, for their private lives?as parents, spouses, neighbors, and consumers?and for their role as citizens.The first edition of Settling Disputes was awarded the 1990 Center for Public Resources Book Prize.

International Dispute Settlement: Room for Innovations?

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Publisher : Springer Science & Business Media
ISBN 13 : 3642349676
Total Pages : 443 pages
Book Rating : 4.6/5 (423 download)

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Book Synopsis International Dispute Settlement: Room for Innovations? by : Rüdiger Wolfrum

Download or read book International Dispute Settlement: Room for Innovations? written by Rüdiger Wolfrum and published by Springer Science & Business Media. This book was released on 2012-12-20 with total page 443 pages. Available in PDF, EPUB and Kindle. Book excerpt: This publication succeeds previously published seminars of the Max Planck Institute for Comparative Public Law and International Law (Heidelberg, Germany) dealing with evolving principles and new developments in international law. Due to the limits of traditional dispute settlement in international law and the ongoing scholarly debate on those limits, it focuses on possible innovations and functional approaches to improve international dispute settlement mechanisms. In doing so, it covers a wide variety of topics such as procedures of the WTO, advisory opinions of international courts and tribunals, the privatization of international dispute settlement, the interaction between counsels and international courts and tribunals, and the law-making function of international courts. The aim of this publication is to contribute to the cross-fertilization between these mechanisms and to offer creative impulses for the promotion of international dispute settlement.

The Gatt/Wto Dispute Settlement System

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Publisher : Martinus Nijhoff Publishers
ISBN 13 : 9789041109330
Total Pages : 368 pages
Book Rating : 4.1/5 (93 download)

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Book Synopsis The Gatt/Wto Dispute Settlement System by : Ernst-Ulrich Petersmann

Download or read book The Gatt/Wto Dispute Settlement System written by Ernst-Ulrich Petersmann and published by Martinus Nijhoff Publishers. This book was released on 1997-02-11 with total page 368 pages. Available in PDF, EPUB and Kindle. Book excerpt: The GATT and WTO dispute settlement systems have become the most frequently used international mechanisms for the settlement of trade disputes among governments. The 1994 Agreement Establishing the WTO introduced a historically unprecedented new dispute settlement procedure for conflicts involving trade in goods and services, trade-related investment measures, and intellectual property rights. This procedure provided for the compulsory jurisdiction of the WTO Dispute Settlement Body, WTO Panels, and the WTO Appellate Body. The first 18 months from the time the WTO Agreement came into force on 1 January 1995 witnessed more than 50 invocations of the new dispute settlement procedures by a large number of countries, including many from the developing world. This large response, and the proposals for further extending the scope of WTO law, suggest that the WTO dispute settlement system will continue to be the most frequently applied, worldwide systems for the legal settlement of trade disputes among governments. This book provides students, lawyers and diplomats a thought-provoking and practice-oriented analysis of the GATT/WTO dispute settlement rules, procedures, and problems. The Annexes include a useful collection of relevant texts and tables of past GATT and WTO case law.

Diplomatic and Judicial Means of Dispute Settlement

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Publisher : Martinus Nijhoff Publishers
ISBN 13 : 9004209980
Total Pages : 355 pages
Book Rating : 4.0/5 (42 download)

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Book Synopsis Diplomatic and Judicial Means of Dispute Settlement by : Laurence Boisson de Chazournes

Download or read book Diplomatic and Judicial Means of Dispute Settlement written by Laurence Boisson de Chazournes and published by Martinus Nijhoff Publishers. This book was released on 2012-10-12 with total page 355 pages. Available in PDF, EPUB and Kindle. Book excerpt: The volume offers an assessment of the interactions between diplomatic and judicial means of settling international disputes in selected areas: territorial questions, international criminal law, international trade law, investment arbitration and human rights. It includes contributions from some of the world's leading academics and practitioners.

Settlements of International Disputes

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Author :
Publisher : GRIN Verlag
ISBN 13 : 3656514410
Total Pages : 41 pages
Book Rating : 4.6/5 (565 download)

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Book Synopsis Settlements of International Disputes by : Nicholas Sunday

Download or read book Settlements of International Disputes written by Nicholas Sunday and published by GRIN Verlag. This book was released on 2013-10-09 with total page 41 pages. Available in PDF, EPUB and Kindle. Book excerpt: Scientific Essay from the year 2013 in the subject Politics - Topic: Peace and Conflict, Security, , language: English, abstract: Article 2, paragraph 3 of the UN Charter requires that: "All Members shall settle their international disputes by peaceful means in such a manner that international peace and security and justice are not endangered. The UN General Assembly, in adopting its 1982 Manila Declaration on the Peaceful Settlement of Disputes, emphasized the need to exert utmost efforts in order to settlement any conflicts and disputes between States exclusively by peaceful means’’ and that’’ the question of the peaceful settlement of disputes should represent one of the concerns for States and for the United Nations". In age of nuclear weapons, the importance of the principle of peaceful settlement of international disputes is apparent.