Professional Ethics at the International Bar


Book Description

Over the past twenty years, the volume of international litigation and arbitration has increased exponentially. As the number of new international courts and tribunals has proliferated, the diversity and volume of advocates appearing before the international courts has also increased. With this increase, the ethical standards that apply to counsel have become a growing field of interest to practitioners of public international law. Problems threatening the integrity of the international judicial process and concerns about divergent ethical standards amongst counsel have multiplied in the international judicial system, prompting early attempts by senior members of the 'international bar' to articulate common ethical standards. Professional Ethics at the International Bar examines the question of how to articulate common ethical standards for counsel appearing before international courts and tribunals, and the legal powers and practical ability of international courts to prescribe and enforce such standards. It conducts original research into both the theory and practice of the issues arising from this nascent process of professionalization. Using various sources, including interviews with judges, registrars, and senior practitioners, it argues that the professionalization of advocacy through the articulation of common ethical standards is both desirable and feasible in order to protect the integrity and fairness of the international judicial process.




Challenges and Recusals of Judges and Arbitrators in International Courts and Tribunals


Book Description

Challenges and Recusals of Judges and Arbitrators in International Courts and Tribunals examines one of the fundamental control mechanisms of international dispute resolution. In doing so, the book assesses procedures, standards and outcomes of challenges and recusals in some of the main international courts and tribunals, including the ICJ, ICSID, the PCA, the WTO, the Iran-US Claims Tribunal, the ICC and international criminal courts. The book analyzes specific grounds for challenges and how they are applied, while also presenting personal perspectives on challenges and recusals from the point of view of arbitrators and counsel. The book also examines regional differences in challenges and recusals. This unique approach allows a comparative view on both procedural and substantive issues, and also provides a clear and in-depth study of specific forums.




International Rule of Law and Professional Ethics


Book Description

This book examines an interesting and relatively understudied area of the evolution of the international rule of law and the role of professional ethics. The rule of law has been gradually developed and promoted at the national level over centuries, however at the international level it has only recently received (more in rhetoric than in implementation) support from a macro perspective - developments of international rules and institutions, and from a micro perspective - ethical codes, independence and un-bias of professionals, working in international organizations and tribunals. The book offers analysis and recommends policies to strengthen the rule of law at international level to meet a major global governance demand in ensuring equity, justice, stability and consistency in international affairs.




Model Rules of Professional Conduct


Book Description

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.




Lawyers’ Ethics and Professional Responsibility


Book Description

This book aims to produce lawyers who can debate, criticise and change professional ethics as well as understand their underlying rationale. Written by the author of the leading work on the subject, The Ethics and Conduct of Lawyers in England and Wales, this book is aimed at the undergraduate or postgraduate student taking a half or full course in the subject. The book is divided into four parts dealing with the professional and regulatory framework for delivering legal services, the obligations owed to clients, wider duties and responsibilities and practice settings. It sets out the important background to the modern practice of law, and explains the theoretical underpinning of professional ethics and its everyday application through conduct rules and principles. Extracts from legislation, cases and conduct rules are provided, and comparative issues are considered where relevant. The book is also interactive, raising issues and posing questions that will encourage students to engage with the material as they read, which will also be helpful for classroom discussion.




Making Transnational Law Work in the Global Economy


Book Description

This tribute to Professor Detlev Vagts of the Harvard Law School brings together his colleagues at Harvard and the American Society of International Law, as well as academics, judges and practitioners, many of them his former students. Their essays span the entire spectrum of modern transnational law: international law in general; transnational economic law; and transnational lawyering and dispute resolution. The contributors evaluate established fields of transnational law, such as the protection of property and investment, and explore new areas of law which are in the process of detaching themselves from the nation-state such as global administrative law and the regulation of cross-border lawyering. The implications of decentralised norm-making, the proliferation of dispute settlement mechanisms and the rising backlash against global legal interdependence in the form of demands for preserving state legal autonomy are also examined.




Professions in Ethical Focus – Second Edition


Book Description

This second edition of Professions in Ethical Focus comprises over seventy-five readings complemented by twenty case studies with corresponding discussion questions. These resources are organized into several thematic units, including “conflicts of interest,” “honesty, deception, and trust,” “privacy and confidentiality,” and “professionalism, diversity, and pluralism.” An alternative table of contents is also provided, identifying readings that bear on particular professions such as engineering, journalism, medicine, law, and policing. The book’s introductory unit offers short selections from classic and contemporary ethical theory, including non-Western traditions. All of the readings have been introduced by the editors and carefully excerpted for relevance, always with the needs of student readers in mind.




Transnational Law


Book Description

Offers a comprehensive exploration of transnational law and advances a framework for investigating transnational regulatory institutions.




Legal Ethics


Book Description

This handbook is organised into eight parts: What are Professional Ethics?; Nature and Structure of the Profession; Common-law Ethical Duties of a Legal Practitioner; Statutory Duties of a Legal Practitioner; Administering Oaths; Cessation or abandonment of practice; Disciplinary Proceedings; and Judges Magistrates and Prosecutors.




Virtue in Global Governance


Book Description

Since rules - legal, ethical or otherwise - cannot determine their own application, they require persons of flesh and blood to interpret and apply them in concrete cases. Presidents and prime ministers, judges, prosecutors, mediators, leaders of international organizations, and even religious leaders and public intellectuals make decisions on how best to understand rules and how best to apply them. It stands to reason that their character traits influence the sort of decisions they take. This book provides the first systematic framework for discussing global governance in terms of the virtues, and illustrates it with a number of detailed examples of concrete decision-making in specific situations. Virtue in Global Governance combines insights from law, ethics, and global governance studies in developing a unique approach to global governance and international law.