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Books > Law > International law > Settlement of international disputes

The Law of Arbitration: South African and international arbitration (Paperback, 2nd ed): Peter Ramsden The Law of Arbitration: South African and international arbitration (Paperback, 2nd ed)
Peter Ramsden
R815 R687 Discovery Miles 6 870 Save R128 (16%) Ships in 4 - 8 working days

Building on the success of the first edition, the second edition of The Law of Arbitration: South African and International Arbitration sets out the South African common law, legislation and local and international case law applicable to each stage of the arbitration cycle, including the arbitration agreement, intervention by courts pending arbitration, the appointment of and challenges to the arbitrators, the pleadings and arbitration proceedings, and the arbitration award. A brief overview of alternative dispute resolution approaches is also provided as a contextual introduction.

The second edition now incorporates the new International Arbitration Act 15 of 2017 and updates the references to local case law as well as international case law relating to the UNCITRAL Model Arbitration Law (MAL). Act 15 of 2017 cements South Africa’s position not only as a venue for international arbitration but also for the enforcement of foreign arbitral awards, making this title indispensable for South African arbitrators wanting to gain experience in international arbitration.

The following appendices are incorporated in the second edition of The Law of Arbitration:

  • The Arbitration Act 42 of 1965;
  • The Rules for the Conduct of Arbitrations (2018 Edition) of the Association of Arbitrators (Southern Africa);
  • The International Arbitration Act 15 of 2017, together with its Schedules (UNCITRAL Model Law on International Commercial Arbitration; UNCITRAL Conciliation Rules; Convention on The Recognition and Enforcement of Foreign Arbitral awards)
Introduction to Law and Global Governance (Paperback): Elaine Fahey Introduction to Law and Global Governance (Paperback)
Elaine Fahey
R804 Discovery Miles 8 040 Ships in 10 - 15 working days

This innovative textbook introduces the idea of law existing, operating, and functioning beyond the Nation State. Offering a structured approach, Elaine Fahey breaks down the core aspects of theory, practice and regulation in order to examine the key conceptual and factual components of the relationship between law and global governance. An excellent teaching resource for both undergraduate and postgraduate levels, the key features of this textbook include: * An interdisciplinary approach to the understanding of the interaction of law and globalisation to provide readers with snapshots of key thematic issues * Four substantive chapters on global governance, actors, sovereignty, and borders and territory to help the reader engage with a diversity of themes and topics, united under broader concepts which are at the heart of understanding what is beyond the Nation State * Two further chapters on trade and data to immerse the reader further into areas of law beyond the State which are important in contemporary times * Highlighted boxes to help identify key information, whilst further reflection points and suggested further reading at the end of each chapter offer context to the topics discussed. With its broad theoretical reach, this textbook will be an invaluable teaching and learning tool for students of law, international relations, politics, political science, governance, and transnational law and governance.

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.

Proportionality, Reasonableness and Standards of Review in International Investment Law and Arbitration (Hardcover): Valentina... Proportionality, Reasonableness and Standards of Review in International Investment Law and Arbitration (Hardcover)
Valentina Vadi
R2,884 Discovery Miles 28 840 Ships in 10 - 15 working days

International investment law is one of the most dynamic fields of international law, and yet it has been criticised for failing to strike a fair balance between private and public interests. In this valuable contribution to the current debate, Valentina Vadi examines the merits and pitfalls of arbitral tribunals' use of the concepts of proportionality and reasonableness to review the compatibility of a state's regulatory actions with its obligations under international investment law. Investment law scholars have hitherto given greater attention to the concept of proportionality than to reasonableness; this pivotal book combats this trajectory by examining both concepts in such a way that it does not advocate one over the other, but instead enables the reader to make informed choices. The author also explores the intensity of review as one of the main tools to calibrate the different interests underlying investor-state arbitrations. This timely book offers a useful conceptual framework for reconciling the opposing interests at stake, making it a valuable resource for international law scholars and practitioners and other interested readers.

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.

Global Governance (Hardcover): Axel Marx, Jan Wouters Global Governance (Hardcover)
Axel Marx, Jan Wouters
R15,553 Discovery Miles 155 530 Ships in 10 - 15 working days

Global governance emerged as a concept more than two decades ago. Despite its relevance to key processes underlying the major public policy questions of our age, the contours of 'global governance' remain contested and elusive. This Research Collection seeks to clarify key trends and challenges in global governance by bringing together the leading scholarship on its different forms. Alongside an original introduction by the editors, the carefully selected contributions discuss key issues in relation to global governance institutions: democracy, legitimacy, accountability, fragmentation, effectiveness and dispute settlement.

Public Private Partnership for WTO Dispute Settlement - Enabling Developing Countries (Hardcover): Amrita Bahri Public Private Partnership for WTO Dispute Settlement - Enabling Developing Countries (Hardcover)
Amrita Bahri
R2,619 Discovery Miles 26 190 Ships in 10 - 15 working days

Public Private Partnership for WTO Dispute Settlement is an interdisciplinary work examining the growing interaction between business entities and public officials. Crucially, it identifies how this relationship can enable developing countries to effectively utilize the provisions of the World Trade Organization Dispute Settlement Understanding (WTO DSU). Building on more than five years of empirical investigation, Amrita Bahri reflects on the dispute settlement partnership experiences of the top DSU users from the developed and developing world. This enables her to evaluate a diverse range of dispute settlement partnership strategies, which have allowed the governments involved to harness resources and expertise from the private sector. With practical suggestions on dispute settlement capacity building, this book provides a roadmap to policymakers, industry representatives and legal professionals on how to effectively engage with business entities for the resolution of international trade conflicts. It also provides a template for teaching and research activities to scholars focusing on international trade law, development studies and international dispute settlement.

Private International Law and Arbitration (Hardcover): Jack J. Coe, Donald E. Childress Private International Law and Arbitration (Hardcover)
Jack J. Coe, Donald E. Childress
R14,138 Discovery Miles 141 380 Ships in 10 - 15 working days

This groundbreaking collection brings together leading work at the intersection of private international law and arbitration. The selected articles span seven decades and cover a wide range of topics, from international arbitration agreements and choice of law to the enforcement of awards and arbitration involving states. Edited by two recognised experts in the field, and featuring an original introduction written by the editors, these volumes provide an essential research resource for students, academics and practitioners alike.

Investment Treaty Arbitration - Problems and Exercises (Hardcover): Kaj Hober Investment Treaty Arbitration - Problems and Exercises (Hardcover)
Kaj Hober; As told to Joel Dahlquist Cullborg
R4,412 Discovery Miles 44 120 Ships in 10 - 15 working days

Investment Treaty Arbitration is an excellent teaching tool for lecturers and readers of international investment arbitration. This casebook includes over 40 exercises based on real-life disputes, helping readers evaluate and analyse all aspects of the topic. Intended to set out a basis for discussion in seminars, the material has been developed by eminent practitioner and academic Kaj Hober, using a teaching structure proven to be successful. Key Features: * extensive examples of cases alongside seminar exercises and mini mock arbitrations to help students put their knowledge into practice * material built on the problem-based learning method, using fact patterns and allowing for in-depth discussion and a confident understanding of complex arbitration cases * exercises including questions to answer, problems to solve and group exercises, alongside excerpts of the relevant cases for annotation and analysis. The most wide-ranging textbook in the area, covering both substantive investment law and arbitration, this will become the key casebook for Masters level courses or other advanced courses in international arbitration. It will also serve as a supplementary text for those studying investment law more broadly.

The South China Sea Arbitration - The Legal Dimension (Hardcover): S. Jayakumar, Tommy Koh, Robert Beckman, Tara Davenport, Hao... The South China Sea Arbitration - The Legal Dimension (Hardcover)
S. Jayakumar, Tommy Koh, Robert Beckman, Tara Davenport, Hao D. Phan
R2,905 Discovery Miles 29 050 Ships in 10 - 15 working days

Bringing together leading experts on the law of the sea, The South China Sea Arbitration provides a detailed analysis of the significant aspects, findings and legal reasoning in the high-profile case of the South China Sea Arbitration between the Philippines and China. The book offers a comprehensive overview and analysis of the major issues discussed in the Arbitration including jurisdiction, procedure, maritime entitlement, and the protection of the marine environment. The chapters also explore the implications of the case for the South China Sea disputes and possible dispute settlements under the 1982 United Nations Convention on the Law of the Sea. The robust discussion in each chapter will be an invaluable contribution to the ongoing debate on the South China Sea Arbitration. This informative and compelling book will be essential reading for scholars and students of public international law, law of the sea, international dispute settlement and international relations. Policy makers and governmental officials with responsibility for law of the sea and international dispute settlement, as well as members of international courts and tribunals, international organisations and non-governmental organisations, will find this book a stimulating read.

The Cambridge Handbook of Judicial Control of Arbitral Awards (Hardcover): Larry A. DiMatteo, Marta Infantino, Nathalie M-P... The Cambridge Handbook of Judicial Control of Arbitral Awards (Hardcover)
Larry A. DiMatteo, Marta Infantino, Nathalie M-P Potin
R5,319 Discovery Miles 53 190 Ships in 10 - 15 working days

A unique collaboration between academic scholars, legal practitioners, and arbitrators, this handbook focuses on the intersection of arbitration - as an alternative to litigation - and the court systems to which arbitration is ultimately beholden. The first three parts analyze issues relating to the interpretation of the scope of arbitration agreements, arbitrator bias and conflicts of interest, arbitrator misconduct during the proceedings, enforceability of arbitral awards, and the grounds for vacating awards. The next section features fifteen country-specific reviews, which demonstrate that, despite the commonality of principles at the international level, there is a significant amount of differences in the application of those principles at the national level. This work should be read by anyone interested in the general rules and principles of the enforceability of foreign arbitral awards and the grounds for courts to vacate or annul such awards.

GATT Dispute Settlement Reports 6 Volume Hardback Set - Disputes Initiated in 1948-1993 (Hardcover): World Trade Organization GATT Dispute Settlement Reports 6 Volume Hardback Set - Disputes Initiated in 1948-1993 (Hardcover)
World Trade Organization
R16,990 Discovery Miles 169 900 Ships in 7 - 11 working days

GATT Dispute Settlement Reports compiles all dispute settlement reports issued under the General Agreement on Tariffs and Trade (GATT 1947), including its Tokyo Round plurilateral codes, from 1948 to 1995. This compilation includes both adopted and unadopted reports. The GATT documents containing the reports are reproduced in English in their original form and without any modifications. They are presented in chronological order based on the initiation date of the dispute, with each case identified by a unique GATT dispute (GD) number. A cover page for each dispute provides the report's adoption status, the date it was issued and any GATT or WTO disputes directly related to the dispute in question. At the end of each volume, there is a list of all GATT dispute settlement reports contained within the series, with references to the relevant volume and page numbers.

Investment Treaty Arbitration - Problems and Exercises (Paperback): Kaj Hober Investment Treaty Arbitration - Problems and Exercises (Paperback)
Kaj Hober; As told to Joel Dahlquist Cullborg
R1,304 Discovery Miles 13 040 Ships in 10 - 15 working days

Investment Treaty Arbitration is an excellent teaching tool for lecturers and readers of international investment arbitration. This casebook includes over 40 exercises based on real-life disputes, helping readers evaluate and analyse all aspects of the topic. Intended to set out a basis for discussion in seminars, the material has been developed by eminent practitioner and academic Kaj Hober, using a teaching structure proven to be successful. Key Features: * extensive examples of cases alongside seminar exercises and mini mock arbitrations to help students put their knowledge into practice * material built on the problem-based learning method, using fact patterns and allowing for in-depth discussion and a confident understanding of complex arbitration cases * exercises including questions to answer, problems to solve and group exercises, alongside excerpts of the relevant cases for annotation and analysis. The most wide-ranging textbook in the area, covering both substantive investment law and arbitration, this will become the key casebook for Masters level courses or other advanced courses in international arbitration. It will also serve as a supplementary text for those studying investment law more broadly.

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.

Introduction to Law and Global Governance (Hardcover): Elaine Fahey Introduction to Law and Global Governance (Hardcover)
Elaine Fahey
R2,749 Discovery Miles 27 490 Ships in 10 - 15 working days

This innovative textbook introduces the idea of law existing, operating, and functioning beyond the Nation State. Offering a structured approach, Elaine Fahey breaks down the core aspects of theory, practice and regulation in order to examine the key conceptual and factual components of the relationship between law and global governance. An excellent teaching resource for both undergraduate and postgraduate levels, the key features of this textbook include: * An interdisciplinary approach to the understanding of the interaction of law and globalisation to provide readers with snapshots of key thematic issues * Four substantive chapters on global governance, actors, sovereignty, and borders and territory to help the reader engage with a diversity of themes and topics, united under broader concepts which are at the heart of understanding what is beyond the Nation State * Two further chapters on trade and data to immerse the reader further into areas of law beyond the State which are important in contemporary times * Highlighted boxes to help identify key information, whilst further reflection points and suggested further reading at the end of each chapter offer context to the topics discussed. With its broad theoretical reach, this textbook will be an invaluable teaching and learning tool for students of law, international relations, politics, political science, governance, and transnational law and governance.

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.

Foreign-Related Arbitration in China 2 Volume Hardback Set - Commentary and Cases (Hardcover): Fan Yang Foreign-Related Arbitration in China 2 Volume Hardback Set - Commentary and Cases (Hardcover)
Fan Yang
R6,055 Discovery Miles 60 550 Ships in 10 - 15 working days

This overview and analysis of current arbitration law and practice in mainland China offers critical analysis of significant Chinese arbitration law materials and key cases decided by the Supreme People's Court of the People's Republic of China (PRC). It also provides the full texts of around two hundred decisions of the Supreme People's Court of the PRC dating from 1990 to 2013, with enclosures of lower People's Courts' decisions presented in a systematic fashion. The analysis not only highlights the importance of the materials, judicial interpretations and key cases, but also enables readers to read mainland Chinese statutes, judiciary interpretations and cases independently and confidently.

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.

International Law Reports: Volume 189 (Hardcover): Christopher Greenwood, Karen Lee International Law Reports: Volume 189 (Hardcover)
Christopher Greenwood, Karen Lee
R4,701 Discovery Miles 47 010 Ships in 10 - 15 working days

Decisions of international courts and arbitrators, as well as judgments of national courts, are fundamental elements of modern public international law. The International Law Reports is the only publication in the world wholly devoted to the regular and systematic reporting in English of such decisions. It is therefore an absolutely essential work of reference. Volume 189 is devoted to the 2016 judgment on Jurisdiction and Admissibility in Obligations concerning Negotiations relating to Cessation of the Nuclear Arms Race and to Nuclear Disarmament (Marshall Islands v. India), the 2016 judgment on Jurisdiction and Admissibility in Obligations concerning Negotiations relating to Cessation of the Nuclear Arms Race and to Nuclear Disarmament (Marshall Islands v. Pakistan) and the 2016 judgment on Preliminary Objections in Obligations concerning Negotiations relating to Cessation of the Nuclear Arms Race and to Nuclear Disarmament (Marshall Islands v. United Kingdom).

International Commercial Arbitration and the Brussels I Regulation (Hardcover): Louise Hauberg Wilhelmsen International Commercial Arbitration and the Brussels I Regulation (Hardcover)
Louise Hauberg Wilhelmsen
R3,781 Discovery Miles 37 810 Ships in 10 - 15 working days

This new work provides a timely and in-depth examination of the interface between the recast Brussels I Regulation and international commercial arbitration. The nature of the exclusion of arbitration from the original Brussels I Regulation on the recognition and enforcement of judgments, and subsequent decisions of the CJEU in cases such as West Tankers, resulted in the use of delaying tactics by parties wishing to avoid arbitration agreements. The recast Brussels I Regulation sought to remedy the situation by clarifying the extent of the arbitration exclusion and providing further detail on the relationship between arbitration and the Regulation, with the aim of promoting the efficient resolution of international disputes within the European Union. While the recast Brussels I Regulation has gone some way to remedy the situation, problems remain for those engaged in international disputes in EU member states. Key features of this book include: * Comprehensive analysis of the interface between the recast Brussels I Regulation and international commercial arbitration * Examination of the dilatory tactics which may be employed to avoid arbitration such as forum shopping, commencing parallel proceedings and obtaining conflicting decisions * Guidance on how these tactics are addressed in national and international law * Assessment of the EU, international and national laws that apply to these tactics. Practitioners working within the fields of international commercial arbitration, civil litigation and private international law will find this work a valuable resource, providing a unique and detailed treatment of this important and technical subject.

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.

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.

Arbitrating Brands - International Investment Treaties and Trade Marks (Hardcover): Metka Potocnik Arbitrating Brands - International Investment Treaties and Trade Marks (Hardcover)
Metka Potocnik
R2,621 Discovery Miles 26 210 Ships in 10 - 15 working days

Brand recognition is crucial to companies promoting the sale of products and services. Directors invest considerable revenue into developing brand imagery that is unique and identifiable. Linking intellectual property law and international investment law, Arbitrating Brands takes the opportunity to analyse trade marks and brands as examples of foreign direct investment. In light of the Phillip Morris cases against Australia and Uruguay, Metka Potocnik explores the substantive protection of trade marks under international investment treaties, unpacking the specifics of arbitrating investment claims arising out of state trade mark regulation. Utilising plain packaging regulation for tobacco products as a springboard for analysis, this book offers a practical approach with recommendations for arbitrators on how to approach trade mark investment cases. Detailed and insightful, this book is essential reading for arbitration practitioners, offering practical analytical tools to approaching the adjudication of trade mark investment disputes. It will also be of interest to the growing group of researchers and students focusing on intellectual property arbitration. Furthermore, brand owners following developments in the field will benefit from this book's insight into the trajectories of trade mark legislation.

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