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Books > Law > International law > Settlement of international disputes > International courts & procedures

The UN Security Council and the International Criminal Court - The Referral Mechanism in Theory and Practice (Hardcover):... The UN Security Council and the International Criminal Court - The Referral Mechanism in Theory and Practice (Hardcover)
Gabriel M. Lentner
R2,332 Discovery Miles 23 320 Ships in 10 - 15 working days

Drawing on both theory and practice, this insightful book offers a comprehensive analysis of the relationship between the United Nations Security Council (UNSC) and the International Criminal Court (ICC), centered on the referral mechanism. Arguing that the legal nature of the referral must be conceptualized as a conferral of powers from the UNSC to the ICC, the author explores the complex legal relationship between interacting international organizations. With a novel approach to the relationship between the UNSC and the ICC, this book addresses important questions raised in practice. In particular, Gabriel M. Lentner explores issues regarding any limits and conditions for referral under the UN Charter and the Rome Statute, and the legal effects on heads-of-state immunity, as well as the validity of jurisdictional exemptions for other specific categories of nationals. This is a persuasive study into the powers of the UNSC with respect to international criminal law. With its timely focus on an important topic, this book will be vital reading for academics in international institutional law, international criminal law, and human rights law. ICC judges and lawyers, as well as lawyers involved in the UN, governments, and non-governmental organizations will also benefit from this book.

The International Criminal Court in an Effective Global Justice System (Paperback): Linda E. Carter, Mark Steven Ellis, Charles... The International Criminal Court in an Effective Global Justice System (Paperback)
Linda E. Carter, Mark Steven Ellis, Charles C. Jalloh
R873 Discovery Miles 8 730 Ships in 10 - 15 working days

This book analyzes the interactions of international criminal tribunals established since the 1990s with international, national and regional bodies, making recommendations for the International Criminal Court (ICC) as it goes forward. Placing the core issues within the statutory framework of the Rome Statute and major policy considerations, the authors examine ways in which the ICC can best coordinate with other accountability mechanisms on national and regional prosecutions, the UN Security Council, cooperation on the enforcement of arrest warrants, national non-judicial processes and amicus briefs from non-governmental organizations (NGOs). This timely evaluation of the experiences of ad hoc international criminal tribunals spotlights the legal, political and coordination issues that will likely impact the ICC's current mandate to adjudicate core international crimes. It explores how governments, inter-governmental bodies and global civil society might best collaborate to strengthen national capacity to investigate and prosecute atrocity crimes in pursuit of global justice. The book also considers the challenge of state cooperation with international criminal tribunals, identifying lessons for the ICC, while emphasizing the need for positive complementarity between the emerging African Criminal Court and the ICC. Lawyers, judges, NGOs, government officials, academics and policymakers at all levels will value this book as an important resource on transitional justice and the place of justice in the aftermath of conflict and mass atrocity.

The Anatomy of the Nuremberg Trials - A Personal Memoir (Paperback): Telford Taylor The Anatomy of the Nuremberg Trials - A Personal Memoir (Paperback)
Telford Taylor
R489 R434 Discovery Miles 4 340 Save R55 (11%) Ships in 7 - 11 working days

"A masterly work of military and judicial history." -New York Times. Telford Taylor's book is a defining piece of World War II literature, an engrossing and reflective eyewitness account of one of the most significant events of our century. In 1945, the Allied nations agreed on a judicial process, rather than summary execution, to determine the fate of the Nazis following the end of World War II. Held in Nuremberg, the ceremonial birthplace of the Nazi Party, the British, American, French, and Soviet leaders contributed both judges and prosecutors to the series of trials that would prosecute some of the most prominent politicians, military leaders and businessmen in Nazi Germany. This is the definitive history of the Nuremberg crimes trials by one of the key participants, Telford Taylor, the distinguished lawyer who was a member of the American prosecution staff and eventually became chief counsel. In vivid detail, Taylor portrays the unfolding events as he "saw, heard, and otherwise sensed them at the time, and not as a detached historian working from the documents might picture them." Table of Contents: 1 Nuremberg and the Laws of War 2 The Nuremberg Ideas 3 Justice Jackson Takes Over 4 Establishing the Court: The London Charter 5 The Defendants and the Charges: Krupp and the German General Staff 6 Berlin to Nuremberg 7 Nuremberg: Pretrial Pains and Problems 8 On Trial 9 The Nuremberg War Crimes Community 10 The SS and the General Staff-High Command 11 Individual Defendants, Future Trials, and Criminal Organizations 12 The French and Soviet Prosecutions 13 The Defendants: Goering and Hess 14 The Defendants: "Murderers' Row" 15 The Defendants: Bankers and Admirals 16 The Defendants: The Last Nine 17 The Closing Arguments 18 The Indicted Organizations 19 The Defendants' Last Words 20 The Judgments of Solomons 21 Judgment: Law, Crime, and Punishment Taylor describes personal vendettas among the Allied representatives and the negotiations that preceded the handing down of sentences. The revelations have not lost their power over the decades: The chamber is reduced to silence when an SS officer recounts impassively that his troops rounded up and killed 90,000 Jews, and panic overcomes the head of the German State Bank as it becomes clear that he knew his institution was receiving jewels and other valuables taken from the bodies of concentration camp inmates.

European Competition Law - A Case Commentary, Second Edition (Hardcover, 2nd edition): Weijer VerLoren van Themaat, Berend... European Competition Law - A Case Commentary, Second Edition (Hardcover, 2nd edition)
Weijer VerLoren van Themaat, Berend Reuder
R6,797 Discovery Miles 67 970 Ships in 10 - 15 working days

This fully updated second edition of European Competition Law: A Case Commentary explains EU competition law by presenting the relevant legal provisions together with carefully selected case extracts pertaining to those provisions. The selection is based on the interpretative value of the extracts and is limited to the essentials in order to clearly demonstrate how competition rules have been interpreted by the European Commission and the courts. The extracts originate primarily from the decisions of the European Commission and judgments of the Court of Justice of the European Union and the European Court of Human Rights. Key features include: * Updated extracts from newly arisen cases and documents on EU competition law * Article-by-article overview of EU competition law jurisprudence * Unique structure enabling users to quickly locate decisions and judgments on all relevant procedural and substantive aspects of EU competition law * Concise and judiciously selected extracts from the judgments in the most important and most instructive cases * A nuanced view of competition law rules provided through the use of extracts rather than author analysis, giving practitioners a more contextual insight * Greater number of case extracts than other books, giving a more complete picture of the way rules translate into European jurisprudence. This unique book is designed for everyday use by practitioners and academics who wish to better understand how competition rules are interpreted in practice, and as a starting point for legal analysis. The book also serves as a handy resource on the exact wording of the essential elements of the most important cases. It will appeal not only to practitioners and academics, but also to all competition authorities in Europe.

European Patent Litigation in the Shadow of the Unified Patent Court (Hardcover): Luke McDonagh European Patent Litigation in the Shadow of the Unified Patent Court (Hardcover)
Luke McDonagh
R2,326 Discovery Miles 23 260 Ships in 10 - 15 working days

What will European patent litigation look like in 10 years time? With the coming into force of seismic reforms, European Patent Litigation in the Shadow of the Unified Patent Court combines close analysis of the current regime with a novel use of qualitative survey data to assess the introduction of the Unified Patent Court (UPC) and the new European Patent with Unitary Effect. Not long ago only scant data were publicly available on the subject of patent litigation in EU member states. Using recently published data, Luke McDonagh paints a detailed picture of the patent litigation system in the key European jurisdictions of the UK, Germany, France and the Netherlands. He then outlines the rationale for reform - the perceived need to provide a more efficient, cost effective, harmonious litigation system - as well as the structure of the key reformative innovations. Making use of evidence from within the business and legal communities, this book highlights the key issues concerning the new system and examines what the impact of the reforms is likely to be on Europe's patent litigation system in the near future. This illuminating book will be useful to scholars, including postgraduate students, practitioners and policy makers wishing to learn more about the future of patent litigation in Europe.

International Claims Commissions - Righting Wrongs after Conflict (Hardcover): Lea Brilmayer, Chiara Giorgetti, Lorraine... International Claims Commissions - Righting Wrongs after Conflict (Hardcover)
Lea Brilmayer, Chiara Giorgetti, Lorraine Charlton
R2,617 Discovery Miles 26 170 Ships in 10 - 15 working days

International claims commissions have, over the last few decades, established themselves as important and permanent fixtures in international adjudication. This book provides a comprehensive review and analysis of the workings and mechanics of claims commissions to assess their success and predict their utility in the future. The book authors examines the legal framework of an international claims commission and the basic elements its processing procedure, as well as exploring the difficulties and challenges associated with operating costs, remedies and compliance with judgments. International claims commissions are created ad hoc to consider large numbers of complex legal claims resulting from an international upheaval, making them important international dispute resolution mechanisms. By focusing in large part on the examples set by the United Nations Claims Commissions, the Iran US Claims Tribunal, and the Eritrea Ethiopia Claims Commission, the authors assess the reasons to establish a claims commission by discussing their legal and operating structures, issues related to evidence and costs and the challenges and successes of creating them. The book concludes with a detailed analysis of lessons learnt to guide policy makers in the creation of future claims commissions. Written by two academics and a former practitioner this book is a practical resource for will appeal to international law academics, counsel and judges in international courts and tribunals, policy makers in international organizations and foreign ministries, and diplomats.

International Criminal Justice (Hardcover): Gideon Boas, Pascale Chifflet International Criminal Justice (Hardcover)
Gideon Boas, Pascale Chifflet 2
R2,475 Discovery Miles 24 750 Ships in 10 - 15 working days

What is international criminal justice? The authors of this book set out a framework for understanding international criminal justice in all its facets. Considering both definition and content, the authors argue for its treatment as a holistic field of study, rather than a by-product of international criminal law. Adopting a multidisciplinary approach, this book draws on a range of legal and extra-legal disciplines. Whilst addressing crucial legal questions throughout, it also considers the role and impact of politics, history, psychology, terrorism, transitioning society, and even the idea of hope in how we understand international criminal justice. Challenging many of the prevalent paradigms of thinking in this area, Gideon Boas and Pascale Chifflet explore whether it is possible to reconcile some of the enduring intellectual conflict, such as whether and how retributive and restorative approaches to justice can co-exist. Written by leading academics who themselves are also practitioners in the field, this unique work performs a significant role in defining and explaining international criminal justice, and as such will be important reading for scholars and practitioners, as well as providing an entry point for students in a classroom environment.

Research Handbook on EU Institutional Law (Hardcover): Adam Lazowski, Steven Blockmans Research Handbook on EU Institutional Law (Hardcover)
Adam Lazowski, Steven Blockmans
R5,581 Discovery Miles 55 810 Ships in 10 - 15 working days

Research Handbook on EU Institutional Law offers a critical look into the European Union: its legal foundations, competences and institutions. It provides an analysis of the EU legal system, its application at the national level and the prevalent role of the Court of Justice. Throughout the course of the Handbook the expert contributors discuss whether the European Union is well well-equipped for the 21st century and the numerous crises it has to handle. They revisit the call for an EU reform made in the Laeken Conclusions in 2001 to verify if its objectives have been achieved by the Treaty of Lisbon and in daily practice of the EU institutions. The book also delves into the concept of a Europe of different speeds, which - according to some - is inevitable in the EU comprising 28 Member States. Overall, the assessment of the changes introduced by the Lisbon Treaty is positive, even if there are plenty of suggestions for further reforms to re-fit the EU for purpose. Students and scholars will find this original Handbook to be an invaluable resource, particularly due to its focus on topics for future discussion. Researchers and policy-makers will also benefit from the points raised in this book.

The Elgar Companion to the Extraordinary Chambers in the Courts of Cambodia (Hardcover): Nina H.B. Jorgensen The Elgar Companion to the Extraordinary Chambers in the Courts of Cambodia (Hardcover)
Nina H.B. Jorgensen
R4,834 Discovery Miles 48 340 Ships in 10 - 15 working days

This Companion is a one-stop reference resource on the Phnom Penh based 'Khmer Rouge tribunal'. It serves as an introduction to the Extraordinary Chambers in the Courts of Cambodia, while also exploring some of the Chambers' practical and jurisprudential challenges and outcomes. Established by an agreement between the United Nations and the Government of Cambodia, the tribunal has been operational since 2006, and seeks a mandate to try those most responsible for serious crimes committed during the Khmer Rouge period from 1975 to 1979. The Companion is organized around a series of themes including legality, structure, proceedings, jurisprudence, legitimacy and legacy, and offers both direct insights and academic analysis by an author who has worked as senior adviser to the tribunal's Pre-Trial and Supreme Court Chambers. This original book will prove a valuable and stimulating read for lawyers, judges and UN staff working within, establishing, or monitoring international courts and tribunals as well as local and international NGOs in Cambodia concerned with accountability for the crimes of the Kymer Rouge era. Academics focusing on international criminal justice will also find this Companion useful to assess the contribution of the Extraordinary Chambers, both during the tribunal's lifespan and after it has closed its doors.

Redfern and Hunter on International Arbitration (Paperback, 6th Revised edition): Nigel Blackaby, Constantine Partasides, Alan... Redfern and Hunter on International Arbitration (Paperback, 6th Revised edition)
Nigel Blackaby, Constantine Partasides, Alan Redfern, Martin Hunter
R1,300 R1,127 Discovery Miles 11 270 Save R173 (13%) In stock

This leading commentary on international commercial arbitration, now in its sixth edition, is an essential guide for arbitrators, lawyers, and students. Based on the authors' extensive experience as counsel and arbitrators, it provides an updated explanation of all elements of the law and practice of arbitration. This text provides an authoritative guide to the international arbitral process, from the drafting of the arbitration agreement to the enforcement of arbitral awards. The sixth edition has been updated to incorporate reference to the latest significant developments in the field such as the new LCIA, ICC and UNCITRAL Rules and new IBA Guidelines. There will also be an increased reference to international arbitral authority and practice from beyond Europe (China, India, and the US). Following the chronology of an arbitration, the book covers applicable laws, arbitration agreements, the establishment and powers of a tribunal, the conduct of proceedings and the role of domestic courts. In addition, it provides an in-depth examination of the award itself, and comments on the special considerations applying to arbitrations brought under investment treaties. It draws on examples of the rules and practice of arbitration at the International Chamber of Commerce, the London Court of International Arbitration, the American Arbitration Association, the International Centre for Settlement of Investment Disputes and the United Nations Commission on International Trade Law.

Peace and Justice at the International Criminal Court - A Court of Last Resort, Second Edition (Hardcover, 2nd edition): Errol... Peace and Justice at the International Criminal Court - A Court of Last Resort, Second Edition (Hardcover, 2nd edition)
Errol P. Mendes
R2,333 Discovery Miles 23 330 Ships in 10 - 15 working days

Peace and Justice at the International Criminal Court focuses on the evolution and the present-day work of the International Criminal Court, a historic global institution. Errol P. Mendes provides a compelling argument that there can never be a sustainable peace in conflicts unless the cause of justice is also addressed. The author dives deep into the facts and rulings of the Court that involved some of the most serious international conflicts in recent times. The author also discusses the challenges facing the Court from failed prosecutions to failures of the UN Security Council and other member states. What results is a detailed but honest critique of where the Court succeeds and where it needs to improve. Mendes goes on to provide a prediction of the greatest challenges facing the Court in the foreseeable future. This book is a valuable resource for academics and students in international criminal law and practice, public international relations, political science, military and war studies.

The Social Rights Jurisprudence in the Inter-American Court of Human Rights - Shadow and Light in International Human Rights... The Social Rights Jurisprudence in the Inter-American Court of Human Rights - Shadow and Light in International Human Rights (Hardcover)
Isaac de Paz Gonzalez
R2,333 Discovery Miles 23 330 Ships in 10 - 15 working days

The Inter-American Court of Human Rights continues to build justiciability to determine the social rights of marginalised individuals and groups in the Americas. In this engaging book, Isaac de Paz Gonzalez unveils the abilities, and the practices of the Inter-American Court's contribution to human rights policy in the Global South. This innovative book offers a thorough and complete examination of the Inter-American Court's jurisprudence over its forty years of existence, within the framework of Economic and Social Rights (ESR). The author offers a concise discussion of both the historic and landmark cases in regards to ESR, and its theoretical basis, as well as giving insight into how to further improve and protect the lives of the most vulnerable people in the Americas. This book also exposes the possibility of enforcing legal remedies for poverty and structural discrimination in order to seek social justice. Contemporary and insightful, this book will be vital reading for legal scholars and students interested in human rights more broadly, as well as social justice and social rights specialists. Judges, practitioners and policymakers will also find this book a thought-provoking read.

Compulsory Jurisdiction in International Law (Hardcover): Vanda Lamm Compulsory Jurisdiction in International Law (Hardcover)
Vanda Lamm
R2,905 Discovery Miles 29 050 Ships in 10 - 15 working days

The system of optional clause declarations is a unique regime of compulsory jurisdiction based on the two World Courts' Statutes. This timely book offers a wide-ranging academic survey of the developments of that system, the theoretical and procedural aspects of the unilateral declarations of acceptance and the reservations added to these declarations. The author critically examines those reservations which undermine the system of compulsory jurisdiction and discusses the major controversies. She considers the various aspects of compulsory jurisdiction giving special attention to the States' practice, the Courts' jurisprudence and both Courts' relevant case law. The book contains a unique comparative analysis of all the declarations of acceptance made since the establishment of the Permanent Court of International Justice while also debating the shortcomings and the future of the system. This comprehensive study will strongly appeal to international law academics and advanced students as well as to practitioners involved with international judicial fora.

The Contribution of International and Supranational Courts to the Rule of Law (Hardcover): Geert De Baere, Jan Wouters The Contribution of International and Supranational Courts to the Rule of Law (Hardcover)
Geert De Baere, Jan Wouters
R3,505 Discovery Miles 35 050 Ships in 10 - 15 working days

International and supranational courts are increasingly central to the development of a transnational rule of law. Except for insiders, the functioning and impact of these courts remain largely unknown. Addressing this gap, this innovative book examines the manner in which and the extent to which international courts and tribunals contribute to the rule of law at the national, regional, and international levels. With unique insights from members of the international judiciary, this authoritative book deals with the fundamental procedural and substantive legal principles, sources, tools of interpretation, and enforcement used by the respective judicial bodies. The rule of law-focused approach offers a unique opportunity for a thorough cross-case analysis of the differences and commonalities in the essential contributions of the respective courts and tribunals to international justice. The book also includes an in-depth theoretical framework and allows for the identification of fundamental principles and commonalities, as well as differences and contrasts between the different judicial bodies. In addition to students, researchers and scholars in international law, this timely and comprehensive study of international courts and their contributions will be an enlightening resource for legal practitioners and those involved with international justice.

The Elgar Companion to the International Court of Justice (Hardcover): Robert Kolb The Elgar Companion to the International Court of Justice (Hardcover)
Robert Kolb
R4,697 Discovery Miles 46 970 Ships in 10 - 15 working days

The first in a series of Companions that offer broad coverage of a range of international courts and tribunals, The Elgar Companion to the International Court of Justice is a one-stop reference for those wishing to understand this highly significant and successful Court. The Companion offers an objective account of how the ICJ came into being, the general principles on which it was founded, and how it functions today. It addresses certain fundamental aspects of the Court, such as its jurisdiction, structure and jurisprudence, as well as its role in the wider world. The Companion gives a human flavour to the institution through the portraits of some of the great figures that have served as its judges. Written in a lucid and clear manner, the Companion will appeal to all those interested in learning more about the work of the principal judicial body of the United Nations.

The International Criminal Court in an Effective Global Justice System (Hardcover): Linda E. Carter, Mark Steven Ellis, Charles... The International Criminal Court in an Effective Global Justice System (Hardcover)
Linda E. Carter, Mark Steven Ellis, Charles C. Jalloh
R3,050 Discovery Miles 30 500 Ships in 10 - 15 working days

This book analyzes the interactions of international criminal tribunals established since the 1990s with international, national and regional bodies, making recommendations for the International Criminal Court (ICC) as it goes forward. Placing the core issues within the statutory framework of the Rome Statute and major policy considerations, the authors examine ways in which the ICC can best coordinate with other accountability mechanisms on national and regional prosecutions, the UN Security Council, cooperation on the enforcement of arrest warrants, national non-judicial processes and amicus briefs from non-governmental organizations (NGOs). This timely evaluation of the experiences of ad hoc international criminal tribunals spotlights the legal, political and coordination issues that will likely impact the ICC's current mandate to adjudicate core international crimes. It explores how governments, inter-governmental bodies and global civil society might best collaborate to strengthen national capacity to investigate and prosecute atrocity crimes in pursuit of global justice. The book also considers the challenge of state cooperation with international criminal tribunals, identifying lessons for the ICC, while emphasizing the need for positive complementarity between the emerging African Criminal Court and the ICC. Lawyers, judges, NGOs, government officials, academics and policymakers at all levels will value this book as an important resource on transitional justice and the place of justice in the aftermath of conflict and mass atrocity.

The Hidden Hands of Justice - NGOs, Human Rights, and International Courts (Hardcover): Heidi Nichols Haddad The Hidden Hands of Justice - NGOs, Human Rights, and International Courts (Hardcover)
Heidi Nichols Haddad
R2,085 Discovery Miles 20 850 Ships in 10 - 15 working days

The Hidden Hands of Justice: NGOs, Human Rights, and International Courts is the first comprehensive analysis of non-governmental organization (NGO) participation at international criminal and human rights courts. Drawing on original data, Heidi Nichols Haddad maps and explains the differences in NGO participatory roles, frequency, and impact at three judicial institutions: the European Court of Human Rights, the Inter-American Human Rights System, and the International Criminal Court. The Hidden Hands of Justice demonstrates that courts can strategically choose to enhance their functionality by allowing NGOs to provide needed information, expertise, and services as well as shame states for non-cooperation. Through participation, NGOs can profoundly shape the character of international human rights justice, but in doing so, may consolidate civil society representation and relinquish their roles as external monitors.

Judgment Day - Judicial Decision Making at the International Criminal Tribunals (Paperback): Rosa Aloisi, James Meernik Judgment Day - Judicial Decision Making at the International Criminal Tribunals (Paperback)
Rosa Aloisi, James Meernik
R792 Discovery Miles 7 920 Ships in 10 - 15 working days

This book demonstrates how, after many years of inactivity after the World War II tribunals, judges at the Yugoslav, Rwanda and Sierra Leone tribunals, and to a lesser extent the International Criminal Court, have seized the opportunity to develop international law on war crimes, crimes against humanity and genocide. Meernik and Aloisi argue that judges are motivated by a concern for human rights protection and the legacy of international criminal justice. They have progressively expanded the reach of international law to protect human rights and have used the power of their own words to condemn human rights atrocities. Judges have sentenced the guilty to lengthy and predictable terms in prison to provide justice, deterrence of future violations and even to advance peace and reconciliation. On judgment day, we show that judges have sought to enhance the power of international justice.

The Court of Justice of the European Union and the Politics of Law (Paperback, 1st ed. 2017): Sabine Saurugger, Fabien Terpan The Court of Justice of the European Union and the Politics of Law (Paperback, 1st ed. 2017)
Sabine Saurugger, Fabien Terpan
R1,140 Discovery Miles 11 400 Ships in 7 - 11 working days

The Court of Justice of the European Union (CJEU) is one of the central institutions of the EU and has played a decisive role in European integration. As one of the most powerful international courts, at a time when political systems around the world are becoming more judicialized, it is a key actor to understand in world affairs. Yet it is not without controversy. As both an interpreter of law and as a political power influencing policy-making through its bold case law, it has become increasingly criticized in recent years for its perceived activism and distance from the European people. Combining the perspectives of a legal scholar and a political scientist, this important new text gives a uniquely broad-ranging account of the CJEU. It introduces readers to the role and function of the Court and explains how it fits into the broader political system and historical evolution of the European Union. It examines the constitutional contributions made by the Court and the part it plays in policy-making, in areas such as the environment, gender equality and human rights. Drawing on the latest research, the book takes full account of recent changes to the place of the Court in the European political system, and shows how new forms of governance, such as the open method of coordination, have had a significant impact on the role the Court is able to play.

Practitioner's Handbook on International Commercial Arbitration (Hardcover, 3rd Revised edition): Frank Bernd Weigand,... Practitioner's Handbook on International Commercial Arbitration (Hardcover, 3rd Revised edition)
Frank Bernd Weigand, Antje Baumann
R8,957 Discovery Miles 89 570 Ships in 10 - 15 working days

The Practitioner's Handbook on International Commercial Arbitration provides reports on the arbitration systems and laws of 13 countries in addition to commentaries on the arbitration rules of ICC, ICDR, LCIA, and UNCITRAL Arbitration Rules as well as on the UNCITRAL Model Law and the New York Convention. This comprehensive overview of the key arbitral jurisdictions and the most important arbitral rules and conventions makes it a unique and indispensable work that belongs on the desk of each practitioner. Written by world-leading arbitration practitioners and academics, this book combines a practical approach with in-depth legal research and analyses of important national and international case law. This new edition is written to meet the needs of both the non-specialist lawyer requiring quick and useful information on a particular legal system or set of rules or interested in a concise general introduction into the law of international arbitration, and the experienced arbitration practitioner looking for well-founded information on a particular issue.

A Guide to the CIETAC Arbitration Rules (Hardcover): Jianlong Yu, Lijun Cao A Guide to the CIETAC Arbitration Rules (Hardcover)
Jianlong Yu, Lijun Cao
R3,339 Discovery Miles 33 390 Ships in 10 - 15 working days

The China International Economic and Trade Arbitration Commission (CIETAC) is the largest permanent arbitration centre in the world, with a fast-growing case load and rising international profile. This commentary on the CIETAC 2012 Arbitration Rules provides guidance on the rules, alongside practical and procedural recommendations from practitioners of unparalleled experience. This is a rule-by-rule examination of the inception, interpretation and application of the new rules, which makes comparative reference to the rules of other institutions and considers all relevant case law and legislation. The commentary groups the rules thematically according to the principle areas of practitioner interest, including chapters on: Jurisdiction and the Arbitration Agreement; Commencing the Arbitration; Formation and Challenges to the Arbitral Tribunal; Conduct of Proceedings; Awards; Summary Procedure and Costs. The text concludes with a chapter on the practical aspects of arbitrating in China, ensuring the book is a comprehensive reference work for practitioners in the field.

The Elgar Companion to the International Criminal Tribunal for Rwanda (Hardcover): Anne-Marie De Brouwer, Alette Smeulers The Elgar Companion to the International Criminal Tribunal for Rwanda (Hardcover)
Anne-Marie De Brouwer, Alette Smeulers
R4,898 Discovery Miles 48 980 Ships in 10 - 15 working days

The Elgar Companion to the International Criminal Tribunal for Rwanda is a one-stop reference resource on this complex tribunal, established in the aftermath of the 1994 genocide in Rwanda, which closed its doors on 31 December 2015. This Companion provides an insightful account of the workings and legacy of the ICTR in the field of international criminal justice. Surveying and analysing the contributions from different disciplinary angles, the Companion is comprised of four comprehensive parts. It begins with a detailed account of the establishment of the ICTR, covering the setting up of the tribunal, its mandate, structure and personnel. The second part explores substantive law and examines issues such as genocide, crimes against humanity, war crimes, sexual violence and modes of liability. The third part discusses procedural law and explores investigation, arrest, trial/appeal, evidence, rights of the accused, rights of victims and sentencing. It concludes with the fourth part, which considers the contribution of the ICTR to international criminal justice, as well as to the lives of Rwandans. An important contribution to the jurisprudence of international criminal courts, the Companion will appeal to academics, students and legal practitioners alike. It will be fascinating reading for anyone interested in international criminal law or the recent history of Rwanda.

The Evolution of International Arbitration - Judicialization, Governance, Legitimacy (Paperback): Alec Stone Sweet, Florian... The Evolution of International Arbitration - Judicialization, Governance, Legitimacy (Paperback)
Alec Stone Sweet, Florian Grisel
R739 Discovery Miles 7 390 Ships in 10 - 15 working days

The development of international arbitration as an autonomous legal order comprises one of the most remarkable stories of institution building at the global level over the past century. Today, transnational firms and states settle their most important commercial and investment disputes not in courts, but in arbitral centres, a tightly networked set of organizations that compete with one another for docket, resources, and influence. In this book, Alec Stone Sweet and Florian Grisel show that international arbitration has undergone a self-sustaining process of institutional evolution that has steadily enhanced arbitral authority. This judicialization process was sustained by the explosion of trade and investment, which generated a steady stream of high stakes disputes, and the efforts of elite arbitrators and the major centres to construct arbitration as a viable substitute for litigation in domestic courts. For their part, state officials (as legislators and treaty makers), and national judges (as enforcers of arbitral awards), have not just adapted to the expansion of arbitration; they have heavily invested in it, extending the arbitral order's reach and effectiveness. Arbitration's very success has, nonetheless, raised serious questions about its legitimacy as a mode of transnational governance. The book provides a clear causal theory of judicialization, original data collection and analysis, and a broad, relatively non-technical overview of the evolution of the arbitral order. Each chapter compares international commercial and investor-state arbitration, across clearly specified measures of judicialization and governance. Topics include: the evolution of procedures; the development of precedent and the demand for appeal; balancing in the public interest; legitimacy debates and proposals for systemic reform. This book is a timely assessment of how arbitration has risen to become a key component of international economic law and why its future is far from settled.

The Crisis behind the Eurocrisis - The Eurocrisis as a Multidimensional Systemic Crisis of the EU (Hardcover): Eva Nanopoulos,... The Crisis behind the Eurocrisis - The Eurocrisis as a Multidimensional Systemic Crisis of the EU (Hardcover)
Eva Nanopoulos, Fotis Vergis
R2,347 Discovery Miles 23 470 Ships in 10 - 15 working days

The Crisis behind the Euro-Crisis encourages dialogue among scholars across the social sciences in an attempt to challenge the narrative that regarded the Euro-crisis as an exceptional event. It is suggested instead that the Euro-crisis, along with the subsequent crises the EU has come to face, was merely symptomatic of deeper systemic cracks. This book's aim is to uncover that hidden systemic crisis - the 'crisis behind the Euro-crisis'. Under this reading it emerges that what needs to be questioned is not only the allegedly purely economic character of the Euro-crisis, but, more fundamentally, its very classification as an 'emergency'. Instead, the Euro-crisis needs to be regarded as expressive of a chronic, dysfunctional, but 'normal' condition of the EU. By following this line of analysis, this book illuminates not only the causes of contemporary turbulences in the European project, but perhaps the 'true' nature of the EU itself.

Genocide Never Sleeps - Living Law at the International Criminal Tribunal for Rwanda (Hardcover): Nigel Eltringham Genocide Never Sleeps - Living Law at the International Criminal Tribunal for Rwanda (Hardcover)
Nigel Eltringham
R2,089 Discovery Miles 20 890 Ships in 10 - 15 working days

Accounts of international criminal courts have tended to consist of reflections on abstract legal texts, on judgements and trial transcripts. Genocide Never Sleeps, based on ethnographic research at the International Criminal Tribunal for Rwanda (ICTR), provides an alternative account, describing a messy, flawed human process in which legal practitioners faced with novel challenges sought to reconfigure long-standing habits and opinions while maintaining a commitment to 'justice'. From the challenges of simultaneous translation to collaborating with colleagues from different legal traditions, legal practitioners were forced to scrutinise that which normally remains assumed in domestic law. By providing an account of this process, Genocide Never Sleeps not only provides a unique insight into the exceptional nature of the ad hoc, improvised ICTR and the day-to-day practice of international criminal justice, but also holds up for fresh inspection much that is naturalised and assumed in unexceptional, domestic legal processes.

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