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Rethinking The New York Convention
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Book Synopsis Rethinking the New York Convention by : Wei Shen
Download or read book Rethinking the New York Convention written by Wei Shen and published by . This book was released on 2013 with total page 0 pages. Available in PDF, EPUB and Kindle. Book excerpt: The New York Convention is regarded as one of the most successful treaties in the past fifty-five years in the field of transnational business law, more specifically, international commercial arbitration. Its simplicity and brevity in wording but complexity and diversity in application have triggered endless discussions, debates and writings. Rethinking the New York Convention û A Law and Economics Approach for the first time offers a unique jurisprudence-oriented analysis by applying two major analytic approaches, namely, Darwinian legal theory and game theory.
Book Synopsis Rethinking International Organizations by : Dennis Dijkzeul
Download or read book Rethinking International Organizations written by Dennis Dijkzeul and published by Berghahn Books. This book was released on 2003 with total page 370 pages. Available in PDF, EPUB and Kindle. Book excerpt: The management of international organizations is attracting growing attention. Most of this attention is highly critical of both the UN system and International NGOs. Sometimes, this criticism lacks depth or reflects insufficient understanding of these organizations, or is based on narrow, and sometimes biased, internal political concerns of a particular country. International relations theory has insufficiently studied the type of linkages that these organizations provide between international decision-making and Northern fundraising on the one hand, and practical action in the South on the other. As a result, current theory too rarely focuses on the inner functioning of these organizations and is unable to explain the deficiencies and negative outcomes of their work. While the authors identify and describe the pathologies of international organizations in, for example, international diplomacy, fundraising, and implementation, they also stress positive elements, such as their intermediary role. The latter, in particular, could form the basis of more efficient and effective policies, in addition to other recent trends, also described in this volume, that hold hope for a stronger functioning of these organizations in the future. This book presents a long overdue empirical and theoretical overview of criticism on and cures for these organizations. It provides a fundamental rethinking of current approaches to the management of international organizations.
Book Synopsis What Retirees Want by : Ken Dychtwald
Download or read book What Retirees Want written by Ken Dychtwald and published by John Wiley & Sons. This book was released on 2020-06-09 with total page 320 pages. Available in PDF, EPUB and Kindle. Book excerpt: "Dychtwald and Morison offer a brilliant and convincing perspective: an essential re-think of what 'aging' and 'retirement' mean today and an invitation to help mobilize the best in the tidal wave of Boomer Third Agers." —Daniel Goleman, PhD, Author, Emotional Intelligence: Why It Can Matter More Than IQ Throughout 99 percent of human history, life expectancy at birth was less than 18 years. Few people had a chance to age. Today, thanks to extraordinary medical, demographic, and economic shifts, most of us expect to live long lives. Consequently, the world is witnessing a powerful new version of retirement, driven by the power and needs of the Baby Boomer generation. Consumers over age 50 account for more than half of all spending and control more than 70% of our total net worth – yet are largely ignored by youth-focused marketers. How will work, family, and retirement be transformed to accommodate two billion people over the age of 60 worldwide? In the coming years, we'll see explosive business growth fueled by this unprecedented longevity revolution. What Retirees Want presents the culmination of 30 years of research by world-famous "Age Wave" expert Ken Dychtwald, Ph.D., and author and consultant Robert Morison. It explains how the aging of the Baby Boomers will forever change our lives, businesses, government programs, and the consumer marketplace. This exciting new stage of life, the "Third Age," poses daunting questions: What will "old" look like in the years ahead? With continued advances in longevity, all of the traditional life-stage markers and boundaries will need to be adjusted. What new products and services will boom as a result of this coming longevity revolution? What unconscious ageist marketing practices are hurting people – and business growth? Will the majority of elder boomers outlive their pensions and retirement savings and how can this financial disaster be prevented? What incredible new technologies of medicine, life extension, and human enhancement await us in the near future? What purposeful new roles can we create for elder boomers so that the aging nations of the Americas, Europe, and Asia capitalize on the upsides of aging? Which pioneering organizations and companies worldwide have created marketing strategies and programs that resonate with the quirky and demanding Boomer generation? In this entertaining, thought-provoking, and wide-ranging book, Dychtwald and Morison explain how individuals, businesses, non-profits, and governments can best prepare for a new era – where the needs and demands of the "Third Age" will set the lifestyle, health, social, marketplace, and political priorities of generations to come.
Book Synopsis The Oxford Handbook of International Arbitration by : Thomas Schultz
Download or read book The Oxford Handbook of International Arbitration written by Thomas Schultz and published by . This book was released on 2020 with total page 1025 pages. Available in PDF, EPUB and Kindle. Book excerpt: The Oxford Handbook of International Arbitration, A team of leading experts from across academia and practice provide an authoritative account of international arbitration, Discussion ranges from the practicalities of how arbitration technically works, to big picture analysis of the forces that underpin it, Incorporates insights from a range of disciplines beyond law, including history, sociology, literature, and economics Book jacket.
Book Synopsis The Interpretation and Uniformity of the UNCITRAL Model Law on International Commercial Arbitration by : Dean Lewis
Download or read book The Interpretation and Uniformity of the UNCITRAL Model Law on International Commercial Arbitration written by Dean Lewis and published by Kluwer Law International B.V.. This book was released on 2016-03-22 with total page 255 pages. Available in PDF, EPUB and Kindle. Book excerpt: Numerous jurisdictions worldwide have augmented their ratification of the New York Convention of 1958 with the UNCITRAL Model Law 1985 (UML), which takes a giant step forward toward global uniformity in legal application and understanding of the arbitration process. This book develops a standard or benchmark for the UML objective of uniformity, using the relevant legislation and case law of Hong Kong, Singapore, and Australia to consider whether a uniform approach to implementation of the UML and its interpretation is being achieved across those jurisdictions. The author’s methodological tools are eminently adaptable to other jurisdictions. Given the importance of the ability to set aside an arbitral award, the body of case law on setting aside and the directly related area of enforcement, the emphasis throughout is on Article 34. In addition, the study considers: - the meaning of uniformity in law and in the context of the UML; - the correct approach to interpretation of the UML pre and post Article 2A; - the interpretational relationship between the UML and the Convention on Contracts for the International Sale of Goods (CISG); - the relationship between the UML and the New York Convention; - the degree of textual uniformity of Article 34 with the three jurisdictions focused on; and - the degree of applied uniformity of Article 34 both in terms of juristic methodology and similarity of results. The author, with more than thirty years of practice in the field of commercial arbitration in Hong Kong, has had access to voluminous cases spanning decades and brings his specialist expertise to the subject. This book considers whether the UML has succeeded in its aim of achieving uniformity. It serves as a guide, both academic and practical, to exploring and adopting the correct approach to the interpretation of the UML as well as to the method of classification of court decisions under the UML. This study is of immeasurable academic and practical value.
Book Synopsis Rethinking Humanitarian Intervention by : Brian D. Lepard
Download or read book Rethinking Humanitarian Intervention written by Brian D. Lepard and published by Penn State Press. This book was released on 2010-11-01 with total page 524 pages. Available in PDF, EPUB and Kindle. Book excerpt: [In this text, the author] provides [an] exploration of legal and moral justifications for humanitarian intervention ... He opens new analytic vistas and provides a foundation for resolving conflicts over the content of the law. He [also] applies the framework in masterly examinations of intervention in Bosnia, Somalia, Rwanda, Haiti, and Kosovo.-Back cover.
Book Synopsis International Commercial Arbitration by : Gary B. Born
Download or read book International Commercial Arbitration written by Gary B. Born and published by Kluwer Law International B.V.. This book was released on 2014-10-01 with total page 5674 pages. Available in PDF, EPUB and Kindle. Book excerpt: The second edition of Gary Born's International Commercial Arbitration is an authoritative 4,408 page treatise, in three volumes, providing the most comprehensive commentary and analysis, on all aspects of the international commercial arbitration process, that is available. The first edition of International Commercial Arbitration is widely acknowledged as the preeminent commentary in the field. It was awarded the 2011 Certificate of Merit by the American Society of International Law and was voted the International Dispute Resolution Book of the Year by the Oil, Gas, Mining and Infrastructure Dispute Management list serve in 2010. The first edition has been extensively cited in national court decisions and arbitral awards around the world. The treatise comprehensively examines the law and practice of contemporary international commercial arbitration, thoroughly explicating all relevant international conventions, national arbitration statutes and institutional arbitration rules. It focuses on both international instruments (particularly the New York Convention) and national law provisions in all leading jurisdictions (including the UNCITRAL Model Law on International Commercial Arbitration). Practitioners, academics, clients, institutions and other users of international commercial arbitration will find clear and authoritative guidance in this work. The second edition of International Commercial Arbitration has been extensively revised, expanded and updated, to include all material legislative, judicial and arbitral authorities in the field of international arbitration prior to January 2014. It also includes expanded treatment of annulment, recognition of awards, counsel ethics, arbitrator independence and impartiality and applicable law. Overview of volumes: Volume I, covering International Arbitration Agreements,provides a comprehensive discussion of international commercial arbitration agreements. It includes chapters dealing with the legal framework for enforcing international arbitration agreements; the separability presumption; choice of law; formation and validity; nonarbitrability; competence-competence and the allocation of jurisdictional competence; the effects of arbitration agreements; interpretation and non-signatory issues. Volume II, covering International Arbitration Procedures, provides a detailed discussion of international arbitral procedures. It includes chapters dealing with the legal framework for international arbitral proceedings; the selection, challenge and replacement of arbitrators; the rights and duties of international arbitrators; selection of the arbitral seat; arbitration procedures; disclosure and discovery; provisional measures; consolidation, joinder and intervention; choice of substantive law; confidentiality; and legal representation and standards of professional conduct. Volume III, dealing with International Arbitral Awards, provides a detailed discussion of the issues arising from international arbitration awards. It includes chapters covering the form and contents of awards; the correction, interpretation and supplementation of awards; the annulment and confirmation of awards; the recognition and enforcement of arbitral awards; and issues of preclusion, lis pendens and staredecisis.
Book Synopsis Dominion of Race by : Laura Madokoro
Download or read book Dominion of Race written by Laura Madokoro and published by UBC Press. This book was released on 2017-06-09 with total page 333 pages. Available in PDF, EPUB and Kindle. Book excerpt: How has race shaped Canada’s international encounters and its role in the world? How have the actions of politicians, diplomats, citizens, and nongovernmental organizations reflected and reinforced racial power structures in Canada? In this book, leading scholars grapple with these complex questions, destabilizing conventional understandings of Canada in the world. Dominion of Race exposes how race-thinking has informed priorities and policies, positioned Canada in the international community, and contributed to a global order rooted in racial beliefs. While the contributors reconsider familiar topics, including the Paris Peace Conference and Canada’s involvement with the United Nations, they enlarge the scope of Canada’s international history by subject, geography, and methodology. By demonstrating that race is a fundamental component of Canada and its international history, this important book calls for reengagement with the histories of those marginalized in, or excluded from, the historical record.
Book Synopsis Theory, Law and Practice of Maritime Arbitration by : Eva Litina
Download or read book Theory, Law and Practice of Maritime Arbitration written by Eva Litina and published by Kluwer Law International B.V.. This book was released on 2020-12-10 with total page 172 pages. Available in PDF, EPUB and Kindle. Book excerpt: Theory, Law and Practice of Maritime Arbitration The Case of International Contracts for the Carriage of Goods by Sea Eva Litina It is estimated that over 80% of global trade by volume is carried by sea, making maritime transport a cornerstone of the global economy. Most disputes in the shipping industry are settled by distinctive, private arbitral proceedings that are best understood by a close examination of the standard form contracts that are used in practice and of the case law arising therefrom. Extrapolating insightfully from these sources, the author of this book examines in depth the phenomenon of maritime arbitration with a specific focus on contracts for the carriage of goods by sea. She offers the first comprehensive and comparative analysis of arbitral practice in the three jurisdictions where the most frequently selected maritime arbitral seats are located: London, New York, and Singapore. An analysis of the applicable rules and relevant case law in each jurisdiction provides the basis from which a comparative assessment of maritime arbitral seats is achieved. The book addresses the following key aspects of maritime arbitration: maritime arbitration’s definition, origins, theoretical underpinnings, socioeconomic context, and significance; the maritime-specific reasons for wide use of ad hoc versus institutional arbitration; the international instruments governing arbitration in contracts for the carriage of goods by sea; the shipping industry’s pursuit of self-regulation via standard form contracts; the arbitration agreement contained in standard form charterparties and bills of lading; maritime arbitration’s unique approach to judicial review, confidentiality, and arbitrator impartiality; the specific dispute resolution objectives that compel a comparative assessment of maritime arbitral seats; and the future of maritime arbitration in light of international political, financial, and technological developments. In addition to the three main maritime arbitral seats, the analysis touches on maritime arbitration in other relevant jurisdictions, such as Hong Kong, Greece, Japan, and Korea, thus affording a comparison of the process in common and civil law jurisdictions. The book concludes by considering the potential impact of the current international political landscape, and suggesting future perspectives and research in international maritime arbitration. An important addition to scholarship in this field of law, the book’s thorough assessment of the merits of the competing maritime arbitral seats—and its specific focus on maritime disputes—will prove of significant importance to arbitrators, law firms, in-house counsel of shipping companies, international organizations, and arbitration institutions and associations. Practitioners will discover all tools necessary to examine any case before the main maritime arbitral seats with full awareness of each applicable legal regime and its distinguishing features.
Book Synopsis Rethinking Judicial Jurisdiction in Private International Law by : Milana Karayanidi
Download or read book Rethinking Judicial Jurisdiction in Private International Law written by Milana Karayanidi and published by Bloomsbury Publishing. This book was released on 2020-02-20 with total page 294 pages. Available in PDF, EPUB and Kindle. Book excerpt: This book explores the theory and practice of judicial jurisdiction within the field of private international law. It offers a revised look at values justifying the power of courts to hear and decide cross-border disputes, and demonstrates that a re-conceptualisation of jurisdiction is needed. Rather than deriving from territorial power of states, jurisdiction in civil and commercial cross-border matters ought to be driven by party autonomy. This autonomy can be limited by certain considerations of equality and critical state sovereign interests. The book applies this normative view to the existing rules of jurisdiction in the European Union and the Russian Federation. These regimes are chosen due to their unique positions towards values in private international law and contrasting societal norms that generate and accommodate these values. Notwithstanding disparate cultural and political ideas, these regimes reveal a surprising level of consistency when it comes to enforcement of party autonomy. There is, nevertheless, room for improvement. The book demonstrates to scholars, policy makers and lawmakers that jurisdiction should be re-centred around the interests of private actors, and proposes ways to improve the current rules.
Book Synopsis The Content and Context of Hate Speech by : Michael Herz
Download or read book The Content and Context of Hate Speech written by Michael Herz and published by Cambridge University Press. This book was released on 2012-04-09 with total page 569 pages. Available in PDF, EPUB and Kindle. Book excerpt: The contributors to this volume consider whether it is possible to establish carefully tailored hate speech policies that are cognizant of the varying traditions, histories and values of different countries. Throughout, there is a strong comparative emphasis, with examples (and authors) drawn from around the world. All the authors explore whether or when different cultural and historical settings justify different substantive rules given that such cultural relativism can be used to justify content-based restrictions and so endanger freedom of expression. Essays address the following questions, among others: is hate speech in fact so dangerous or harmful to vulnerable minorities or communities as to justify a lower standard of constitutional protection? What harms and benefits accrue from laws that criminalize hate speech in particular contexts? Are there circumstances in which everyone would agree that hate speech should be criminally punished? What lessons can be learned from international case law?
Book Synopsis The New Public Diplomacy by : J. Melissen
Download or read book The New Public Diplomacy written by J. Melissen and published by Springer. This book was released on 2005-11-22 with total page 242 pages. Available in PDF, EPUB and Kindle. Book excerpt: After 9/11, which triggered a global debate on public diplomacy, 'PD' has become an issue in most countries. This book joins the debate. Experts from different countries and from a variety of fields analyze the theory and practice of public diplomacy. They also evaluate how public diplomacy can be successfully used to support foreign policy.
Book Synopsis Consent in International Arbitration by : Andrea M. Steingruber
Download or read book Consent in International Arbitration written by Andrea M. Steingruber and published by OUP Oxford. This book was released on 2012-03-15 with total page 727 pages. Available in PDF, EPUB and Kindle. Book excerpt: Examining the notion, nature, and extent of consent in both commercial arbitration and investment arbitration, this book provides practitioners and academics with a thorough, case-related analysis of an issue which raises many questions. Whilst considering the evolution of arbitration and its consensual nature - enlargement of the parties' freedom to consent to arbitration, and development from commercial arbitration to investment arbitration - it addresses important theoretical questions to offer practical solutions. These include: how consent to arbitrate is expressed and when mutual consent to arbitration is reached; which law shall govern the arbitration agreement or, more particularly, consent as an element of the substantive validity of it; and, conversely, according to which law will a possible lack of consent be judged; how consent should be interpreted; which relationship exists between consent as part of the substantive validity of an arbitration agreement and its formal validity; which, if any, are the implied terms when consenting to arbitration; how consent to arbitrate influences procedural aspects (counterclaims, joinder, consolidation), and which solutions adopted by treaties, national laws or arbitration rules are, or would be, the most respectful of parties' consent in this respect; what in investment arbitration is the relationship between consent and most-favoured-nation clauses or the influence of umbrella clauses. The book includes original arguments and puts forward new suggestions with regard to the changeable consensual character of arbitration. It also provides a particular focus on problems that frequently arise in practice of international arbitration, for example issues related to complex multiparty arbitration and to jurisdictional questions in investment arbitration.
Book Synopsis Branding New York by : Miriam Greenberg
Download or read book Branding New York written by Miriam Greenberg and published by Routledge. This book was released on 2009-09-10 with total page 343 pages. Available in PDF, EPUB and Kindle. Book excerpt: Winner of the 2009 Robert Park Book Award for best Community and Urban Sociology book! Branding New York traces the rise of New York City as a brand and the resultant transformation of urban politics and public life. Greenberg addresses the role of "image" in urban history, showing who produces brands and how, and demonstrates the enormous consequences of branding. She shows that the branding of New York was not simply a marketing tool; rather it was a political strategy meant to legitimatize market-based solutions over social objectives.
Book Synopsis Ethics in International Arbitration by : Catherine A. Rogers
Download or read book Ethics in International Arbitration written by Catherine A. Rogers and published by Oxford University Press, USA. This book was released on 2014 with total page 0 pages. Available in PDF, EPUB and Kindle. Book excerpt: International arbitration is a remarkably resilient institution, but many unresolved and largely unacknowledged ethical quandaries lurk below the surface. Globalization of commercial trade has increased the number and diversity of parties, counsel, experts and arbitrators, which has in turn lead to more frequent ethical conflicts just as procedures have become more formal and transparent. The predictable result is that ethical transgressions are increasingly evident and less tolerable. Despite these developments, regulation of various actors in the system arbitrators, lawyers, experts, third-party funders and arbitral institutions remains ambiguous and often ineffectual. Ethics in International Arbitration systematically analyses the causes and effects of these developments as they relate to the professional conduct of arbitrators, counsel, experts, and third-party funders in international commercial and investment arbitration. This work proposes a model for effective ethical self-regulation, meaning regulation of professional conduct at an international level and within existing arbitral procedures and structures. The work draws on historical developments and current trends to propose analytical frameworks for addressing existing problems and reifying the legitimacy of international arbitration into the future.
Book Synopsis Rethinking Hell by : Christopher M. Date
Download or read book Rethinking Hell written by Christopher M. Date and published by Wipf and Stock Publishers. This book was released on 2014-04-15 with total page 344 pages. Available in PDF, EPUB and Kindle. Book excerpt: Most evangelical Christians believe that those people who are not saved before they die will be punished in hell forever. But is this what the Bible truly teaches? Do Christians need to rethink their understanding of hell? In the late twentieth century, a growing number of evangelical theologians, biblical scholars, and philosophers began to reject the traditional doctrine of eternal conscious torment in hell in favor of a minority theological perspective called conditional immortality. This view contends that the unsaved are resurrected to face divine judgment, just as Christians have always believed, but due to the fact that immortality is only given to those who are in Christ, the unsaved do not exist forever in hell. Instead, they face the punishment of the "second death"--an end to their conscious existence. This volume brings together excerpts from a variety of well-respected evangelical thinkers, including John Stott, John Wenham, and E. Earl Ellis, as they articulate the biblical, theological, and philosophical arguments for conditionalism. These readings will give thoughtful Christians strong evidence that there are indeed compelling reasons for rethinking hell.
Download or read book Why We Work written by Barry Schwartz and published by Simon and Schuster. This book was released on 2015-09-01 with total page 112 pages. Available in PDF, EPUB and Kindle. Book excerpt: An eye-opening, groundbreaking tour of the purpose of work in our lives, showing how work operates in our culture and how you can find your own path to happiness in the workplace. Why do we work? The question seems so simple. But Professor Barry Schwartz proves that the answer is surprising, complex, and urgent. We’ve long been taught that the reason we work is primarily for a paycheck. In fact, we’ve shaped much of the infrastructure of our society to accommodate this belief. Then why are so many people dissatisfied with their work, despite healthy compensation? And why do so many people find immense fulfillment and satisfaction through “menial” jobs? Schwartz explores why so many believe that the goal for working should be to earn money, how we arrived to believe that paying workers more leads to better work, and why this has made our society confused, unhappy, and has established a dangerously misguided system. Through fascinating studies and compelling anecdotes, this book dispels this myth. Schwartz takes us through hospitals and hair salons, auto plants and boardrooms, showing workers in all walks of life, showcasing the trends and patterns that lead to happiness in the workplace. Ultimately, Schwartz proves that the root of what drives us to do good work can rarely be incentivized, and that the cause of bad work is often an attempt to do just that. How did we get to this tangled place? How do we change the way we work? With great insight and wisdom, Schwartz shows us how to take our first steps toward understanding, and empowering us all to find great work.
