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Economic Conflicts And Disputes Before The World Court
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Book Synopsis Economic Conflicts and Disputes Before the World Court (1922-1995), a Functional Analysis by : Wellens
Download or read book Economic Conflicts and Disputes Before the World Court (1922-1995), a Functional Analysis written by Wellens and published by Martinus Nijhoff Publishers. This book was released on 2023-09-14 with total page 331 pages. Available in PDF, EPUB and Kindle. Book excerpt: Everyone talks about the limitations of the judicial system in the context of international commercial disputes. But no one actually seems to address the possibilities for and appropriateness of judicial remedies in such disputes. This study examines how the International Court of Justice and its predecessor, the Permanent Court of International Justice, have dealt with economic disputes and arrives at highly interesting conclusions, challenging the widespread view that the Court is not an appropriate forum to handle economic disputes between states. While much depends on how one defines an `economic dispute', a comparison of the use of the court system versus the use of arbitration in such cases offers new insights. Among them: the observation that the once-clear distinctions between adjudication and arbitration are in fact diminishing, as evidenced, for example, in the use of the Chamber procedure of the International Court of Justice in a number of cases in recent years. The author sets out observations, conclusions, evaluations, and recommendations in a complete, straightforward fashion. The material is divided into easy-to-follow parts, each with concluding remarks. Paragraphs are separately labeled with bold headings to facilitate quick access to the information needed. This book enables scholars and practitioners to look at a critical issue in the field - the role or non-role of courts in certain international disputes - in an entirely new way, providing insightful material for thought, discussion, and practice.
Book Synopsis Economic Conflicts and Disputes Before the World Court by : K. C. Wellens
Download or read book Economic Conflicts and Disputes Before the World Court written by K. C. Wellens and published by Martinus Nijhoff Publishers. This book was released on 1996-02-07 with total page 340 pages. Available in PDF, EPUB and Kindle. Book excerpt: Everyone talks about the limitations of the judicial system in the context of international commercial disputes. But no one actually seems to address the possibilities for and appropriateness of judicial remedies in such disputes. This study examines how the International Court of Justice and its predecessor, the Permanent Court of International Justice, have dealt with economic disputes and arrives at highly interesting conclusions, challenging the widespread view that the Court is not an appropriate forum to handle economic disputes between states. While much depends on how one defines an 'economic dispute', a comparison of the use of the court system versus the use of arbitration in such cases offers new insights. Among them: the observation that the once-clear distinctions between adjudication and arbitration are in fact diminishing, as evidenced, for example, in the use of the Chamber procedure of the International Court of Justice in a number of cases in recent years. The author sets out observations, conclusions, evaluations, and recommendations in a complete, straightforward fashion. The material is divided into easy-to-follow parts, each with concluding remarks. Paragraphs are separately labeled with bold headings to facilitate quick access to the information needed. This book enables scholars and practitioners to look at a critical issue in the field - the role or non-role of courts in certain international disputes - in an entirely new way, providing insightful material for thought, discussion, and practice.
Book Synopsis Economic Conflicts and Disputes Before the World Court (1922-1995), A Functional Analysis by : Wellens
Download or read book Economic Conflicts and Disputes Before the World Court (1922-1995), A Functional Analysis written by Wellens and published by . This book was released on 1996 with total page 0 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 Evidence, Proof, and Fact-Finding in WTO Dispute Settlement by : Michelle T. Grando
Download or read book Evidence, Proof, and Fact-Finding in WTO Dispute Settlement written by Michelle T. Grando and published by Oxford University Press. This book was released on 2009-12-24 with total page 446 pages. Available in PDF, EPUB and Kindle. Book excerpt: This book examines how a World Trade Organization (WTO) dispute settlement panel formulates its conclusions with respect to the facts of a dispute brought before it. It does so by discussing the legal concepts which shape the process of fact-finding, analysing the approach taken by panels thus far and offering suggestions for improvement.
Book Synopsis International Commercial Courts by : Stavros Brekoulakis
Download or read book International Commercial Courts written by Stavros Brekoulakis and published by Cambridge University Press. This book was released on 2022-04-21 with total page 591 pages. Available in PDF, EPUB and Kindle. Book excerpt: The book presents international commercial courts from a comparative perspective and highlights their role in transnational adjudication.
Book Synopsis Environmental Litigation by : Tom Symes
Download or read book Environmental Litigation written by Tom Symes and published by Cameron May. This book was released on 2003 with total page 936 pages. Available in PDF, EPUB and Kindle. Book excerpt:
Book Synopsis Standards of Review in WTO Dispute Resolution by : Matthias Oesch
Download or read book Standards of Review in WTO Dispute Resolution written by Matthias Oesch and published by Oxford University Press, USA. This book was released on 2003 with total page 306 pages. Available in PDF, EPUB and Kindle. Book excerpt: This volume is a unique study focussing on the highly controversial issue of standards of review in WTO dispute resolution. Standards of review reflect the extent to which the WTO adjudication bodies can override the decisions taken by national authorities. As such they play a crucial role in shaping the balance of power and responsibility for decisions on factual and legal issues. In this volume, the current state of law and practice is analysed and critically assessed in a commentary on the evolution of, and inconsistencies amongst, the relevant cases.
Book Synopsis Evolving Principles of International Law by : Eva Rieter
Download or read book Evolving Principles of International Law written by Eva Rieter and published by Martinus Nijhoff Publishers. This book was released on 2012 with total page 350 pages. Available in PDF, EPUB and Kindle. Book excerpt: This volume offers an overview of some emerging trends and structural patterns in the development of international law, highlighting its evolution over the course of time, and discussing leading principles through various different thematic lenses.
Book Synopsis Charter of the United Nations and Statute of the International Court of Justice by : United Nations
Download or read book Charter of the United Nations and Statute of the International Court of Justice written by United Nations and published by UN. This book was released on 2015-08-30 with total page 112 pages. Available in PDF, EPUB and Kindle. Book excerpt: The Charter of the United Nations was signed in 1945 by 51 countries representing all continents, paving the way for the creation of the United Nations on 24 October 1945. The Statute of the International Court of Justice forms part of the Charter. The aim of the Charter is to save humanity from war; to reaffirm human rights and the dignity and worth of the human person; to proclaim the equal rights of men and women and of nations large and small; and to promote the prosperity of all humankind. The Charter is the foundation of international peace and security.
Book Synopsis International Law in a Transcivilizational World by : Onuma Yasuaki
Download or read book International Law in a Transcivilizational World written by Onuma Yasuaki and published by Cambridge University Press. This book was released on 2017-02-15 with total page 733 pages. Available in PDF, EPUB and Kindle. Book excerpt: This book adopts a 'trans-civilizational' perspective on the history and development of current West-centric international law.
Book Synopsis Regulation Versus Litigation by : Daniel P. Kessler
Download or read book Regulation Versus Litigation written by Daniel P. Kessler and published by University of Chicago Press. This book was released on 2011-02 with total page 344 pages. Available in PDF, EPUB and Kindle. Book excerpt: The efficacy of various political institutions is the subject of intense debate between proponents of broad legislative standards enforced through litigation and those who prefer regulation by administrative agencies. This book explores the trade-offs between litigation and regulation, the circumstances in which one approach may outperform the other, and the principles that affect the choice between addressing particular economic activities with one system or the other. Combining theoretical analysis with empirical investigation in a range of industries, including public health, financial markets, medical care, and workplace safety, Regulation versus Litigation sheds light on the costs and benefits of two important instruments of economic policy.
Book Synopsis International Trade in Financial Services:The NAFTA Provisions by : K. Schefer
Download or read book International Trade in Financial Services:The NAFTA Provisions written by K. Schefer and published by Springer. This book was released on 1999 with total page 488 pages. Available in PDF, EPUB and Kindle. Book excerpt: This book examines the new and rapidly developing area of law relating to trade in financial services, with a particular focus on the rules contained in Chapter 14 of the North American Free Trade Agreement (NAFTA). After a detailed analysis of the relevant provisions and their effect on financial institutions in Canada, Mexico, and the United States, the author examines the impact of the NAFTA rules on the legal position of banks operating in countries outside NAFTA, particularly in the context of the WTO financial services provisions. The book concludes with a chapter on the effects of a potential NAFTA expansion. The book aims to contribute to the development of a new legal and regulatory framework distinct from those of trade and financial services law, and offers a valuable insight into how trade in financial services within a regional trade agreement develops its own legal dynamic. Although the financial services provisions are seen as the cornerstone of NAFTA, until now there has been very little in-depth analysis of these provisions, or of the effects on those not party to NAFTA, in the literature in general. This book's unique approach will make it of considerable interest to practitioners and researchers in international banking, trade and economic law.
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:
Book Synopsis Why Adjudicate? by : Christina L. Davis
Download or read book Why Adjudicate? written by Christina L. Davis and published by Princeton University Press. This book was released on 2012-05-27 with total page 345 pages. Available in PDF, EPUB and Kindle. Book excerpt: The World Trade Organization (WTO) oversees the negotiation and enforcement of formal rules governing international trade. Why do countries choose to adjudicate their trade disputes in the WTO rather than settling their differences on their own? In Why Adjudicate?, Christina Davis investigates the domestic politics behind the filing of WTO complaints and reveals why formal dispute settlement creates better outcomes for governments and their citizens. Davis demonstrates that industry lobbying, legislative demands, and international politics influence which countries and cases appear before the WTO. Democratic checks and balances bias the trade policy process toward public lawsuits and away from informal settlements. Trade officials use legal complaints to manage domestic politics and defend trade interests. WTO dispute settlement enables states and domestic groups to signal resolve more effectively, thereby enhancing the information available to policymakers and reducing the risk of a trade war. Davis establishes her argument with data on trade disputes and landmark cases, including the Boeing-Airbus controversy over aircraft subsidies, disagreement over Chinese intellectual property rights, and Japan's repeated challenges of U.S. steel industry protection. In her analysis of foreign trade barriers against U.S. exports, Davis explains why the United States gains better outcomes for cases taken to formal dispute settlement than for those negotiated. Case studies of Peru and Vietnam show that legal action can also benefit developing countries.
Book Synopsis Courts Crossing Borders by : Mary L. Volcansek
Download or read book Courts Crossing Borders written by Mary L. Volcansek and published by . This book was released on 2005 with total page 272 pages. Available in PDF, EPUB and Kindle. Book excerpt: Legal issues that have traditionally been treated as domestic are increasingly governed by transnational law and numerous obscure tribunals. This book acquaints students of law and politics with the largely unrecognized authority of transnational legal systems and the ways boundaries of national sovereignty are being eroded in the 21st century. The editors have skillfully organized their collection around issues dealing with both human rights and issues of trade and used a comparative approach to analyze the many court decisions, treaties, and legal agreements that affect national sovereignty. Among subject areas included are: Courts and Regional Trade Agreements, Dispute Resolution under NAFTA, and Universal Criminal Jurisdiction. "This is an edited book that brings together in one highly readable place a crisp and engaging look at transnational courts in today's global world....In sum, Courts Crossing Borders is a quality effort that deserves careful reading. Enhancing a deeper understanding of this timely topic, it is a book that can be profitably studied by students, scholars, and the curious public." -- Law & Politics Book Review, 2005
Book Synopsis Nicaragua Before the International Court of Justice by : Edgardo Sobenes Obregon
Download or read book Nicaragua Before the International Court of Justice written by Edgardo Sobenes Obregon and published by Springer. This book was released on 2017-11-21 with total page 438 pages. Available in PDF, EPUB and Kindle. Book excerpt: This book analyses Nicaragua's role in the development of international law, through its participation in cases that have come before the International Court of Justice. Nicaragua has appeared before the ICJ in fourteen cases, either as an applicant, respondent or intervening State, thus setting an important example of committment to the peaceful judicial settlement of disputes. The “Nicaraguan” cases have enabled the ICJ to take positions on and clarify a whole range of important procedural, jurisdictional and substantive legal issues, which have inspired the jurisprudence of international and regional courts and tribunals and influenced the development of international law. The book focuses on reviewing Nicaragua's cases before the ICJ, using a thematic approach to identify their impact on international law. Each chapter includes a discussion of the relevant cases on a particular theme and their impact over time on general as well as specific branches of international law, notably through their use as precedent by other international and regional courts and tribunals.
