Resolution Methods for Art-related Disputes
Author : Quentin Byrne-Sutton
Publisher :
Page : 270 pages
File Size : 27,51 MB
Release : 1999
Category : Dispute resolution (Law)
ISBN :
Author : Quentin Byrne-Sutton
Publisher :
Page : 270 pages
File Size : 27,51 MB
Release : 1999
Category : Dispute resolution (Law)
ISBN :
Author : Alessandro Chechi
Publisher : OUP Oxford
Page : 385 pages
File Size : 29,25 MB
Release : 2014-03-13
Category : Law
ISBN : 0191009083
The past forty years have seen a wide proliferation of disputes under international law concerning cultural heritage. These have included the restitution of stolen art objects or the protection of monuments. Unlike other fields of international law, international cultural heritage law does not have an ad hoc mechanism of dispute settlement. As a result, controversies are to be settled through negotiation or, if it fails, through existing dispute resolution means. This can result in similar cases being settled in different ways, thereby bringing about an incoherent and fragmentary enforcement of the law. This book offers a comprehensive and innovative analysis of the settlement of cultural heritage disputes. This examination is two-fold. First, it assesses the existing legal framework and the available dispute settlement means. Second, it explores the feasibility of two solutions for overcoming the lack of a specialized forum. The first is the establishment of a new international court. The second concerns existing judicial and extra-judicial fora and their interaction through the practice of 'cross-fertilization'. The book focuses on the substance of such interaction, and identifies a number of culturally-sensitive parameters (the 'common rules of adjudication'). It argues that existing judicial and non-judicial fora should adopt a cross-fertilizing perspective to use and disseminate jurisprudence containing these common rules of adjudication. It sets out how such an approach would enhance the effectiveness and coherence of decision-making processes and would be conducive to the development of a lex culturalis. This can be defined as a composite body of rules designed to protect cultural heritage by excluding the mechanical application of the norms established for standard business transactions of ordinary goods.
Author : Art Hinshaw
Publisher : Oxford University Press
Page : 443 pages
File Size : 30,47 MB
Release : 2021
Category : Law
ISBN : 0197513247
Negotiation -- Mediation -- Arbitration -- Dispute resolution public policy.
Author : Terri Janke
Publisher : WIPO
Page : 172 pages
File Size : 37,57 MB
Release : 2003
Category : Law
ISBN : 9280511890
"The World Intellectual Property Organization (WIPO) published on Monday, March 15, 2004, a collection of practical case studies on the use of the intellectual property sytsem by indigenous communities of Australia. It was written for WIPO by Terri Janke, an Australian lawyer, and a descendant of the Meriam people of the Torres Strait Islands, Australia."--
Author : Lisa Blomgren Amsler
Publisher : Stanford University Press
Page : 424 pages
File Size : 36,47 MB
Release : 2020-06-02
Category : Law
ISBN : 1503611361
Dispute System Design walks readers through the art of successfully designing a system for preventing, managing, and resolving conflicts and legally-framed disputes. Drawing on decades of expertise as instructors and consultants, the authors show how dispute systems design can be used within all types of organizations, including business firms, nonprofit organizations, and international and transnational bodies. This book has two parts: the first teaches readers the foundations of Dispute System Design (DSD), describing bedrock concepts, and case chapters exploring DSD across a range of experiences, including public and community justice, conflict within and beyond organizations, international and comparative systems, and multi-jurisdictional and complex systems. This book is intended for anyone who is interested in the theory or practice of DSD, who uses or wants to understand mediation, arbitration, court trial, or other dispute resolution processes, or who designs or improves existing processes and systems.
Author : Peter Hay
Publisher : Central European University Press
Page : 352 pages
File Size : 20,77 MB
Release : 2009-01-01
Category : Law
ISBN : 9789639776463
Dedicated to Tibor Vrady. Focuses on international private law and international arbitration.
Author : Gabrielle Kaufmann-Kohler
Publisher : Kluwer Law International B.V.
Page : 406 pages
File Size : 28,22 MB
Release : 2004-01-01
Category : Law
ISBN : 9041123180
In a world governed by speed, the Internet plays a growing role in many of today's innovations, and the resolution of disputes using electronic means of communication may soon be part of everyday legal practice. This book offers a survey of the current state of play in online dispute resolution, from the methods and information technology currently in use to the range of regulatory solutions proposed by shareholders. Taking their analysis a step further, the authors also address this new field's most pressing issues, including possible amendments of existing legislation, treaties, and arbitration and other ADR rules. Online Dispute Resolution: Challenges for Contemporary Justice is an in-depth study of online dispute resolution today, discussing among other topics: the different methods of ODR; fields of use; ways to bring parties to online dispute resolution; validity and effects of clauses entered into online and providing for online mediation or arbitration; issues surrounding electronic communications and evidence in arbitration; and, enforcement of online dispute resolution outcomes, both through court proceedings and built-in enforcement mechanisms. This book also covers issues related to security and e-commerce in general. As a special feature, it contains a section on existing online dispute resolution providers, complete with interviews and statistics. Online Dispute Resolution: Challenges for Contemporary Justice is a significant resource for legal counsel, to arbitral institutions, ODR and ADR service providers, governments and governmental and non-governmental organizations, as well as to those with a more academic interest. This book will provide a greater understanding of online dispute resolution to persons in the fields of arbitration and ADR, e-commerce, intellectual property, civil procedure, international law, international trade and commerce, and information technology.
Author : Jürgen Basedow
Publisher : Cambridge University Press
Page : 950 pages
File Size : 50,13 MB
Release : 2000-09
Category : Law
ISBN : 9789067041249
Private Law in the International Arena analyzes a wide variety of effects that cross-border activities have on the operation of private law, ranging from corporate and insolvency law to labor law, property law, the law of obligations, family law, European law and lex mercatoria. Civil procedure aspects, in national courts and arbitration proceedings, are also explored. This book provides a unique source of insights into the problems encountered and their possible solutions. All contributions have been written in honor of an eminent Private International Law scholar, Prof. Dr Kurt Siehr.
Author : Andrea Doneff
Publisher : Aspen Publishing
Page : 307 pages
File Size : 20,27 MB
Release : 2014-07-17
Category : Law
ISBN : 163281403X
Alternatives to Litigation was first published in 1993 when alternate dispute resolution practice was in its infancy. Now in its Third Edition, this book reflects the growth in this field and also the growing interest and in some states mandatory use of ADR. Authors Andrea Doneff and Abraham Ordover explore key concepts and terms, and address practical how-to issues that all attorneys need to recognize and master regardless of their field of expertise. Alternatives to Litigation includes appendices providing sample agreements, checklists, a model standard of conduct, commentary on ethical issues and other useful resources.
Author : Leonard L. Riskin
Publisher :
Page : 468 pages
File Size : 10,57 MB
Release : 1987
Category : Dispute resolution (Law)
ISBN :