Author : Yoshifumi Tanaka
Publisher : Cambridge University Press
Page : 465 pages
File Size : 41,11 MB
Release : 2018-01-11
Category : Law
ISBN : 1107164273
This book offers students a clear and systematic overview of procedures for peaceful dispute settlement in international law.
Author : Emilia Justyna Powell
Publisher : Oxford University Press, USA
Page : 329 pages
File Size : 17,36 MB
Release : 2019
Category : Law
ISBN : 0190064633
"Islamic Law and International Law is a comprehensive examination of differences and similarities between the Islamic legal tradition and international law, especially in the context of dispute settlement. Sharia embraces a unique logic and culture of justice--based on nonconfrontational dispute resolution--as taught by the Quran and the Prophet Muhammad. This book explains how the creeds of Islamic dispute resolution shape the Islamic milieu's views of international law. Is the Islamic legal tradition ab initio incompatible with international law, and how do states of the Islamic milieu view international courts, mediation, and arbitration? Islamic law constitutes an important part of the domestic legal system in many states of the Islamic milieu--Islamic law states--displacing secular law in state governance and affecting these states' contemporary international dealings. The book analyzes constitutional and subconstitutional laws in Islamic law states. The answer to the "Islamic law-international law nexus puzzle" lies in the diversity of how secular laws and religious laws fuse in domestic legal systems across the Islamic milieu. These states are not Islamic to the same degree or in the same way. Thus, different international conflict management methods appeal to different states, depending on each one's domestic legal system. The main claim of the book is that in many instances the Islamic legal tradition points in one direction while Western-based, secularized international law points in another direction. This conflict is partially softened by the reality that the Islamic legal tradition itself has elements fundamentally compatible with modern international law. Islamic legal tradition, international law, sharia settlement, peaceful dispute resolution"--
Author : United Nations. Codification Division
Publisher : New York : United Nations
Page : 268 pages
File Size : 30,5 MB
Release : 1992
Category : Law
ISBN :
Author : Hugh Miall
Publisher : Springer
Page : 316 pages
File Size : 38,47 MB
Release : 2016-07-27
Category : Political Science
ISBN : 1349220345
The UN Charter commits member-states to settle their disputes by peaceful means but, despite this, there have been only 26 days since 1945 in which armed conflict has not been underway. Nevertheless, many conflicts have been settled without war since 1945. Drawing on case- studies, interviews with mediators, contemporary theories of conflict resolution and a comparative analysis of over eighty peaceful and armed conflicts, this book asks what can be learned from this historical experience.
Author : Lori Fisler Damrosch
Publisher : American Classics in Internati
Page : 547 pages
File Size : 19,51 MB
Release : 2021
Category : Law
ISBN : 9789004468672
The contributions in this collection of the American Classics in International Law series, Peaceful Resolution of Disputes, edited by Lori Fisler Damrosch, present the most influential American ideas about dispute settlement, from Alexander Hamilton through contemporary debates over international courts and tribunals.
Author : Michael A. Gregory
Publisher : Birch Grove Publishing
Page : 156 pages
File Size : 15,60 MB
Release : 2016-10-01
Category :
ISBN : 9781945148002
This book was written to help: (1) someone who is currently in a conflict; (2) someone who wants to help others who are in conflict, and (3) someone who wants to take proactive steps to prevent conflictThis book has 60 steps organized into ten chapters for application at work, home,school, places of worship, or community to assist in conversations,discussions, negotiations, mediations, and achieving compromise.This book is written from the standpoint of a manager withmore than 30 years experience mediating more than 500 disputes,setting up processes to address hundreds of conflicts, withnegotiations and mediations completed over issues with as much as a billion dollars at stake.
Author : Hanspeter Neuhold
Publisher : BRILL
Page : 232 pages
File Size : 32,63 MB
Release : 2015-11-24
Category : Law
ISBN : 9004299939
The Law of International Conflict deals with three key principles of modern international law that are related to each other from a policy-oriented perspective. The prohibition in the UN Charter has not stopped the threat or use of force, since the system of collective security of the World Organization still fails to effectively enforce it. On the other hand, the UN has developed peacekeeping operations, non-military sanctions, the international administration of territories, tribunals trying individuals for serious breaches of international humanitarian law and the concept of responsibility to protect. The prohibition of intervention, i.e. coercion below armed force, also poses numerous problems. The alternative, the peaceful settlement of disputes, can be achieved by various methods, all of which have advantages and shortcomings.
Author : John G. Collier
Publisher : Oxford University Press, USA
Page : 428 pages
File Size : 38,96 MB
Release : 2000
Category : Law
ISBN : 9780198299271
For many years it was said that the weakness of international law was the lack of a system for the enforcement of legal obligations. Commentators pointed to the paucity of cases in the International Court and the unwillingness of States to undertake binding obligations to settle their disputes. This position has now changed beyond recognition. The number of international tribunals has increased and many of them, such as ICSID and the International Court of Justice, are busier than at any time in their history. Increasingly, the classical procedures of diplomatic protection are circumvented as corporations and individuals litigate in their own right against States in international tribunals. This book surveys the range of procedures for the settlement of international disputes, whether the disputes arise between States or between States and corporations or individuals. The first part of the book examines non-judicial procedures such as negotiation, mediation, fact-finding, as well as judicial procedures. Among the tribunals covered are ICSID, the UNCC and the Iran-US Claim Tribunal, the WTO disputes panels, ad-hoc inter-State and international commercial arbitral tribunals and the International Court of Justice. In the second part of the book the emerging principles of procedural law applied in these tribunals are discussed. Here the authors go through the entire settlement process from the agreement to submit to a settlement procedure and the constitution of the tribunal, through to the determination of the law applicable to the merits and to the procedure of the tribunal, to the review, and ultimately the recognition and enforcement of tribunal awards.
Author : Michael L. Moffitt
Publisher : John Wiley & Sons
Page : 580 pages
File Size : 46,58 MB
Release : 2012-06-28
Category : Law
ISBN : 1118429834
This volume is an essential, cutting-edge reference for all practitioners, students, and teachers in the field of dispute resolution. Each chapter was written specifically for this collection and has never before been published. The contributors--drawn from a wide range of academic disciplines--contains many of the most prominent names in dispute resolution today, including Frank E. A. Sander, Carrie Menkel-Meadow, Bruce Patton, Lawrence Susskind, Ethan Katsh, Deborah Kolb, and Max Bazerman. The Handbook of Dispute Resolution contains the most current thinking about dispute resolution. It synthesizes more than thirty years of research into cogent, practitioner-focused chapters that assume no previous background in the field. At the same time, the book offers path-breaking research and theory that will interest those who have been immersed in the study or practice of dispute resolution for years. The Handbook also offers insights on how to understand disputants. It explores how personality factors, emotions, concerns about identity, relationship dynamics, and perceptions contribute to the escalation of disputes. The volume also explains some of the lessons available from viewing disputes through the lens of gender and cultural differences.
Author : Joel Dahlquist
Publisher : Kluwer Law International B.V.
Page : 306 pages
File Size : 19,33 MB
Release : 2016-09-04
Category : Law
ISBN : 9041159630
Although short of attaining the ideal of a ‘substitute for war’, arbitration has largely succeeded in peacefully resolving international disputes. Beyond that, arbitral commitments and arbitral processes have deepened civilized and cooperative international relations, promoted the development of international law and international institutions, and facilitated the well-being of mankind in multiple important ways. Particulars of that proposition are set forth in this one-of-a-kind book. Each of the fourteen chapters is devoted to one landmark international arbitration case, primarily state-to-state but also includes commercial disputes with geopolitical dimensions. Each chapter is written by a practitioner and/or academic of high international standing. The project was initiated by the Stockholm Chamber of Commerce, which celebrates its centennial in 2017. By focusing on landmark cases, the book contributes to a continued dynamic development of dispute resolution in complicated or sensitive geopolitical contexts, and demonstrates how arbitration has and can continue to play an important role for international relations. Practitioners, political decision makers, and academics in any part of the world with an interest in international arbitration and international law or political history and policy on an international level will find it not only deeply informative but also immensely useful.
