Read Books Online and Download eBooks, EPub, PDF, Mobi, Kindle, Text Full Free.
The European Union As International Mediator
Download The European Union As International Mediator full books in PDF, epub, and Kindle. Read online The European Union As International Mediator ebook anywhere anytime directly on your device. Fast Download speed and no annoying ads. We cannot guarantee that every ebooks is available!
Book Synopsis The European Union as International Mediator by : Julian Bergmann
Download or read book The European Union as International Mediator written by Julian Bergmann and published by Springer. This book was released on 2019-07-27 with total page 270 pages. Available in PDF, EPUB and Kindle. Book excerpt: This book explores the EU’s effectiveness as an international mediator and provides a comparative analysis of EU mediation through three case studies: the conflict over Montenegro’s independence, the Belgrade-Pristina dialogue between Kosovo and Serbia, and the Geneva International Discussions on South Ossetia and Abkhazia. The book starts from the observation that the EU has emerged as an important international provider of mediation in various conflicts around the world. Against this background, the author develops an analytical framework to investigate EU mediation effectiveness that is then applied to the three cases. The main finding of the book is that EU mediation has a stabilising effect on conflict dynamics, making renewed escalation less likely and contributing to the settlement of conflict issues. At the same time, the EU’s effectiveness depends primarily on its ability to influence the conflict parties’ willingness to compromise through conditionality and diplomatic pressure.
Book Synopsis The European Union as International Mediator by : Julian Bergmann
Download or read book The European Union as International Mediator written by Julian Bergmann and published by Palgrave Macmillan. This book was released on 2020-08-09 with total page 270 pages. Available in PDF, EPUB and Kindle. Book excerpt: This book explores the EU’s effectiveness as an international mediator and provides a comparative analysis of EU mediation through three case studies: the conflict over Montenegro’s independence, the Belgrade-Pristina dialogue between Kosovo and Serbia, and the Geneva International Discussions on South Ossetia and Abkhazia. The book starts from the observation that the EU has emerged as an important international provider of mediation in various conflicts around the world. Against this background, the author develops an analytical framework to investigate EU mediation effectiveness that is then applied to the three cases. The main finding of the book is that EU mediation has a stabilising effect on conflict dynamics, making renewed escalation less likely and contributing to the settlement of conflict issues. At the same time, the EU’s effectiveness depends primarily on its ability to influence the conflict parties’ willingness to compromise through conditionality and diplomatic pressure.
Book Synopsis The European Union as International Mediator by : Julian Bergmann
Download or read book The European Union as International Mediator written by Julian Bergmann and published by Palgrave Macmillan. This book was released on 2019-08-09 with total page 0 pages. Available in PDF, EPUB and Kindle. Book excerpt: This book explores the EU’s effectiveness as an international mediator and provides a comparative analysis of EU mediation through three case studies: the conflict over Montenegro’s independence, the Belgrade-Pristina dialogue between Kosovo and Serbia, and the Geneva International Discussions on South Ossetia and Abkhazia. The book starts from the observation that the EU has emerged as an important international provider of mediation in various conflicts around the world. Against this background, the author develops an analytical framework to investigate EU mediation effectiveness that is then applied to the three cases. The main finding of the book is that EU mediation has a stabilising effect on conflict dynamics, making renewed escalation less likely and contributing to the settlement of conflict issues. At the same time, the EU’s effectiveness depends primarily on its ability to influence the conflict parties’ willingness to compromise through conditionality and diplomatic pressure.
Book Synopsis Eu Cross-Border Commercial Mediation by : Anna Howard
Download or read book Eu Cross-Border Commercial Mediation written by Anna Howard and published by Kluwer Law International. This book was released on 2021-01-13 with total page 288 pages. Available in PDF, EPUB and Kindle. Book excerpt: EU Cross-Border Commercial Mediation' is a book which focuses on the European Union?s (EU?s) continued efforts to encourage the use of cross-border mediation and examines why such efforts have had a limited impact. It does so by drawing on rare, and at times surprising, detailed insights from the in-house counsel of multinational companies regarding their use of EU cross-border commercial mediation. By viewing mediation through the disputants? perspective, new and important findings regarding why disputants do, and do not, use cross-border mediation have emerged. While these findings are of primary relevance to EU policy and practice, they have implications far beyond the EU context at a time of increasing international interest in cross-border mediation.
Book Synopsis Negotiating Peace by : Sven M. G. Koopmans
Download or read book Negotiating Peace written by Sven M. G. Koopmans and published by Oxford University Press. This book was released on 2018-07-12 with total page 312 pages. Available in PDF, EPUB and Kindle. Book excerpt: This book is the first and only practical guide to negotiating peace. In this ground-breaking book Sven Koopmans, who is both a peace negotiator and a scholar, discusses the practice, politics, and law of international mediation. With both depth and a light touch he explores successful as well as failed attempts to settle the wars of the world, building on decades of historical, political, and legal scholarship. Who can mediate between warring parties? How to build confidence between enemies? Who should take part in negotiations? How can a single diplomat manage the major powers? What issues to discuss first, what last? When to set a deadline? How to maintain confidentiality? How to draft an agreement, and what should be in it? How to ensure implementation? The book discusses the practical difficulties and dilemmas of negotiating agreements, as well as existing solutions and possible future approaches. It uses examples from around the world, with an emphasis on the conflicts of the last twenty-five years, but also of the previous two-and-a-half-thousand. Rather than looking only at either legal, political or organizational issues, Negotiating Peace discusses these interrelated dimensions in the way they are confronted in practice: as an integral whole. With one leading question: what can be done?
Book Synopsis European Mediation Training for Practitioners of Justice by : Association for International Arbitration
Download or read book European Mediation Training for Practitioners of Justice written by Association for International Arbitration and published by Maklu. This book was released on 2012 with total page 234 pages. Available in PDF, EPUB and Kindle. Book excerpt: The importance of the free movement of persons and the proper functioning of the internal market, in particular concerning the availability of mediation services in cross-border disputes, was an important point on the agenda of the European Directive 2008/52/EC of 21 May 2008 on certain aspects of mediation in civil and commercial matters. The European Mediation Training for Practitioners of Justice (EMTPJ) is an initiative of the Association for International Arbitration (AIA) and supported by the European Commission. It is an intensive mediation training that purports to create mediators specialized in cross border mediation. This handbook is specially developed for "European Mediators" dealing with cross-border mediations in civil and commercial matters.
Book Synopsis The European Union as a Mediator in Post-Conflict Western Balkans by : Violeta Ferati Bakia
Download or read book The European Union as a Mediator in Post-Conflict Western Balkans written by Violeta Ferati Bakia and published by Rowman & Littlefield. This book was released on 2023-08-22 with total page 233 pages. Available in PDF, EPUB and Kindle. Book excerpt: This book is among the few publications that analyze the determining conditions, outcome effectiveness and impact of EU mediation utilized as an instrument of conflict resolution that aims to solve protracted conflicts in the post-conflict settings of Kosovo and Bosnia and Herzegovina.
Book Synopsis The New EU Directive on Mediation by : Association for International Arbitration
Download or read book The New EU Directive on Mediation written by Association for International Arbitration and published by Maklu. This book was released on 2008 with total page 96 pages. Available in PDF, EPUB and Kindle. Book excerpt: This book is an introduction to the current and prospective European mediation practice after the recent issuing of the New Mediation Directive. It is the outcome of an international congress that was being held in October 2008, in Brussels. The book introduces the reader to the rise of the European pro-mediation idea and the characteristics of the New Mediation Directive, with the Directive itself being assessed more critically. It examines how the training of mediators - one of the key rules of the New Mediation Directive - should be implemented into the European education practice of mediators. It discusses the task and possibilities of judges to invite parties to participate in mediation. It also provides some comparative discussions of how European mediation can be improved by looking at some American mediation issues, and it demonstrates how far Chinese mediation perspectives can be reconciled with the current European mediation philosophy.
Book Synopsis EU Mediation Law Handbook by : Nadja Alexander
Download or read book EU Mediation Law Handbook written by Nadja Alexander and published by Kluwer Law International B.V.. This book was released on 2017-03-15 with total page 842 pages. Available in PDF, EPUB and Kindle. Book excerpt: Mediation is rapidly becoming a norm in cross-border dispute resolution among European Union (EU) Member States. Accordingly, an important question for legal advisers to ask themselves is: Which jurisdiction offers the best legal framework to support a potential future mediation of my client’s dispute? This book responds to this question by examining the law on mediation in each Member State on a chapter-by-chapter basis. Each country analysis applies the book’s overarching principle of a specially designed Regulatory Robustness Rating System, which is thoroughly explained in an introductory chapter. This framework offers a highly effective way to analyse the quality and robustness of each of the EU’s twenty-nine national jurisdictions’ legal frameworks relevant to mediation (including legislation, case law, practice directions, codes of conduct, standards, and other regulatory instruments) and factor such an analysis into choices about governing law in mediation clauses and other agreements. Among the issues and topics covered are the following: • congruence of domestic and international legal frameworks; • transparency and clarity of content of mediation laws; • standards and qualifications for mediators; • rights and obligations of participants in mediation; • access to mediation services; • access to internationally recognised and skilled mediators; • enforceability of clauses and mediated settlement agreements; • confidentiality and flexibility; • admissibility of evidence from mediation in subsequent proceedings; • impact of commencement of mediation on litigation limitation periods; • relationship and attitude of courts to mediation; and • regulatory incentives for legal advisers to engage in mediation. This detailed analysis clearly allows users and other regulatory stakeholders to look closely and critically at regulatory regimes for mediation in order to make informed choices and develop appropriate strategies in relation to the law that governs their mediation. This is the first book to consider authoritatively what makes good mediation law and what makes a jurisdiction attractive for cross-border mediation purposes in terms of its regulatory framework. As a resource that identifies potential strengths and weaknesses of each EU Member State’s regulatory regime, it has no peers and will be welcomed and put to use by the alternative dispute resolution community in Europe and beyond.
Book Synopsis Mediation in the Reflection of Law and Society by : Lenka Holá
Download or read book Mediation in the Reflection of Law and Society written by Lenka Holá and published by Kluwer Law International B.V.. This book was released on 2021-12-08 with total page 325 pages. Available in PDF, EPUB and Kindle. Book excerpt: Despite slow progress in use, mediation continues to consolidate its presence in dispute resolution. This important book argues that a more favourable socio-legal climate must be created for mediation to thrive, and accordingly analyses the legal, cultural, social, systemic and spatial aspects of the use of mediation in the legal practice of the different countries of the European Union (EU). Based on a spatiotemporal analysis and models of mediation in the EU, it pinpoints the social and cultural reasons for the fragmentation of its legal regulation and shows what paths are available to promote the effective implementation of mediation in social practice. It is the first book to capture the socio-legal context of mediation. A spatiotemporal analysis of the extent of use of mediation in a region as large and at the same time as diverse as the EU has never been carried out before. Using various methodological and conceptual approaches to analyse the legal and social aspects of introducing mediation to legal systems, the authors – all with long-term experience in the exercise and research of mediation directly in the field – provide invaluable insights into such facets of the use of mediation as the following: the social context that raises the need for mediation; obstacles to the wider use of mediation in resolving disputes between parties; the effects of social influences reflected in legislation that shape the laws of each country; the basic models that make up the system of access to mediation in specific EU Member States; the role of law as a tool for social change and its reflection in the legal regulation of mediation; and perspectives for further development of mediation in the EU. The legislative efforts proposed to enhance the regulation of mediation in EU countries are based on modern knowledge of law, sociology and psychology. As a unique combination of exploration of the theoretical determinants of mediation and an empirical study of the extent of its use in the European area, this book’s fundamental contribution to the legal theory and practice of mediation is inarguable. Its analysis of mediation from three perspectives – as a means of improving citizens’ access to justice, as a means of applying social justice in society, and as a means of restorative justice – are of the utmost value in today’s global society. For users of mediation, EU institutions involved in mediation, EU Member State authorities addressing the issue of mediation, and the wider dispute resolution community worldwide, the book will be welcomed for the giant steps it takes toward refining arguments for the promotion of mediation and its development, in theory, research and practice.
Book Synopsis International Mediation: Breaking Business Deadlock by : Eileen Carroll, KC (Hon)
Download or read book International Mediation: Breaking Business Deadlock written by Eileen Carroll, KC (Hon) and published by Bloomsbury Publishing. This book was released on 2016-12-21 with total page 277 pages. Available in PDF, EPUB and Kindle. Book excerpt: International Mediation: Breaking Business Deadlock, Third Edition (previously titled: International Mediation: The Art of Business Diplomacy) is written by two of the foremost international mediation experts and practitioners. This title provides an essential guide to the effective and timely resolution of international business disputes. It provides a real picture of what happens in international mediation and how it is structured providing practical guidance to allow parties to make the best of the process. This highly practical book provides the answers to questions the ready may have regarding the international mediation process such as: How does mediation work and what will it cost? What are the limitations? What skills are required? How long will it take? How are the outcomes enforced? How can business best use mediation? It contains case histories and practical guidance helping to put international mediation in to real situations that the reader can relate to demonstrating how and why international mediation works and why it is such a powerful tool to resolving business conflict. The authors show how to use mediation techniques as a foundation for a more purposeful, strategic approach to conflict management in organisations.
Book Synopsis EU Cross-Border Commercial Mediation by : Anna Howard
Download or read book EU Cross-Border Commercial Mediation written by Anna Howard and published by Kluwer Law International B.V.. This book was released on 2021-01-13 with total page 340 pages. Available in PDF, EPUB and Kindle. Book excerpt: Despite the growing national and international regulatory framework to support cross-border mediation, the use of such mediation appears to remain stubbornly low. This book focuses in particular on the European Union’s (EU’s) continued efforts to encourage the use of cross-border mediation and examines why such efforts have had a limited impact. It does so by drawing on rare, and at times surprising, detailed insights from in-house counsel of multinational companies regarding their use of EU cross-border commercial mediation. By viewing mediation through the lens of disputants, new and important findings regarding why disputants do, and do not, use cross-border mediation have emerged. While these findings are of primary relevance to EU policy and practice, they have implications far beyond the EU context at a time of increasing international interest in cross-border mediation. The analysis of the insights provided by the disputants reveals, for example: the prominent role played by negotiation as a cross-border dispute resolution process; that negotiation is a key comparator for disputants when considering whether to use mediation; how the EU’s continued focus on understanding and presenting mediation as an alternative to litigation has resulted in measures which are insufficient to address fully the barriers to the use of mediation; intriguing barriers to the use of mediation which arise from the association which disputants draw between mediation and negotiation; how the relationship which disputants draw between mediation and negotiation paradoxically raises both opportunities for, and obstacles to, the increased use of mediation; and what disputants need in order to increase their use of cross-border mediation. The qualitative nature (by way of interviews) of the research conducted for this book has enabled the identification of nuanced and novel findings regarding mediation’s position and potential in cross-border dispute resolution. These findings, together with a detailed examination of the EU Directive on Certain Aspects of Mediation in Civil and Commercial Matters and the EU’s continued initiatives to foster the use of mediation, form the foundation upon which this book’s recommendations are built. Changing the frame to view the use of mediation through the disputants’ perspective, as this book does, provides the opportunity for the EU to promote cross-border mediation in a way which resonates more deeply with disputants and responds more fully to their concerns and needs. This thought-provoking book will be of interest not only to European and national bodies seeking to promote the use of mediation but clearly also to dispute resolution academics, in-house counsel, and of course mediators and dispute resolution practitioners in general.
Book Synopsis Mediation in International Commercial and Investment Disputes by : Catharine Titi
Download or read book Mediation in International Commercial and Investment Disputes written by Catharine Titi and published by Oxford University Press, USA. This book was released on 2019 with total page 417 pages. Available in PDF, EPUB and Kindle. Book excerpt: Until now, the resolution of international commercial and investment disputes has been dominated almost exclusively by international arbitration. But that is changing. Whilst they may be complementary mechanisms, international mediation and conciliation are now coming to the fore. Mediation rules that were in disuse gather momentum, and dispute settlement centres are introducing new mediation rules. The European Union is encouraging international mediation in both the commercial and investment spheres. The 2019 Singapore Mediation Convention of the United Nations Commission on International Trade Law (UNCITRAL) is aiming to ensure enforcement of international commercial settlement agreements resulting from mediation. The first investor-State disputes are mediated under the International Bar Association (IBA) rules. The International Centre for Settlement of Investment Disputes (ICSID)'s conciliation mechanism is resorted to more often than in the past. The International Chamber of Commerce (ICC) has recently administered its first mediation case based on a bilateral investment treaty, and a new training market on mediation is flourishing. Mediation in Commercial and Investment Disputes brings together a line-up of outstanding, highly-qualified experts from academia, mediation and arbitration institutions, and international legal practice, to address this highly topical, complex subject from a variety of angles.
Book Synopsis EU Foreign Policy, Transitional Justice and Mediation by : Laura Davis
Download or read book EU Foreign Policy, Transitional Justice and Mediation written by Laura Davis and published by Routledge. This book was released on 2014-07-11 with total page 232 pages. Available in PDF, EPUB and Kindle. Book excerpt: This book analyses how the European Union translates its principles of peace and justice into policy and puts them into practice, particularly in societies in or emerging from violent conflict. The European Union treaty states that in its relations with the wider world, the EU is to promote peace, security, the protection of human rights, and the strict observance and the development of international law. The EU is active in peace processes around the world, yet its role in international peace mediation is largely ignored. This book offers the first scholarly analysis of how the EU engages in peace processes and justice for human rights violations, focussing on the point where mediation and transitional justice intersect. Drawing on extensive fieldwork, the book includes case studies of how the EU sought to promote peace and justice in the Democratic Republic of Congo (DRC), how it supports international justice through the International Criminal Court, and a model of the EU as a mediator. These provide an evidence-base for policy makers and practitioners as well as strong empirical contributions to theory. The book addresses whether and how the EU pursues its principles of both peace and justice in conflict zones, where, in practice, these principles may be in conflict, and the implications of these findings for understanding EU foreign policy and the EU as a security actor. This book will be of much interest to students of EU foreign policy, transitional justice, peace and conflict studies and security studies.
Book Synopsis Online Dispute Resolution for Consumers in the European Union by : Pablo Cortés
Download or read book Online Dispute Resolution for Consumers in the European Union written by Pablo Cortés and published by Routledge. This book was released on 2010-09-13 with total page 283 pages. Available in PDF, EPUB and Kindle. Book excerpt: Offers an account of ODR for consumers in the EU context, presenting a comprehensive investigation of the development of ODR for business to consumer disputes within the EU. This book examines the role of both the European legislator with the Mediation Directive and the English judiciary in encouraging the use of mediation.
Book Synopsis EU Mediation Law and Practice by : Giuseppe De Palo
Download or read book EU Mediation Law and Practice written by Giuseppe De Palo and published by OUP Oxford. This book was released on 2012-10-04 with total page 653 pages. Available in PDF, EPUB and Kindle. Book excerpt: A practical reference on the EU rules and international initiatives that impact directly on EU cross-border disputes, this handbook is a must-have for any practitioner of cross-border mediation. The EU Mediation Directive 2008/52/EC laid down obligations on EU Member States to encourage quality of mediators and providers across specific compliance considerations, including codes of conduct and training, court referral, enforceability of mediated settlements, confidentiality of mediation, the effect of mediation on limitation periods, and encouraging public information. The book is organized into clear and consistent themes, structured and numbered in a common format to provide easily accessible provisions and commentary across the essential considerations of the Directive. All EU countries which have complied, along with Denmark (which opted out of implementing the Directive), or attempted to comply, with the Directive are included, allowing straightforward comparison of key issues across the different countries in this important and evolving area. Supplementary points of practical use, such as statistics on the success rates of mediation and advice on the requirements for parties to participate in mediation, and for parties and lawyers to consider mediation, add further value to the jurisdiction-specific commentary. A comparative table of the mediation laws forms an invaluable quick-reference appendix for an overview and comparison of the information of each jurisdiction, together with English translations of each country's mediation law or legislative provisions. Address this dynamic area of law with the benefit of guidance across all elements of the Directive impacting practice, provided by respected and experienced editors from the knowledgeable European authority in mediation, ADR Center, along with a host of expert contributors.
Book Synopsis The European Union as a Global Conflict Manager by : Richard G. Whitman
Download or read book The European Union as a Global Conflict Manager written by Richard G. Whitman and published by Routledge. This book was released on 2012 with total page 274 pages. Available in PDF, EPUB and Kindle. Book excerpt: This book provides a comprehensive assessment of how the EU has performed in facilitating mediation, conflict resolution and peacebuilding across the globe.
