Online Arbitration in Theory and in Practice
A Comparative Study of Cross-Border Commercial Transactions in Common Law and Civil Law Countries
This book presents an overview of online arbitration and electronic contracting worldwide, examining their national and international contexts, and assessing their ongoing relevance. It offers solutions to the salient challenges facing both online arbitration and electronic contracting, dealing first–hand with online arbitration as an online dispute resolution technique for solving both traditional and electronic commerce disputes that may arise out of the breach of contractual obligations in international commercial contracts, while also comparing between common law and civil law countries. In the…
Amro presents an overview of online arbitration and electronic contracting worldwide, examining their national and international contexts and assessing their ongoing relevance. As such, he offers solutions to the challenges facing online arbitration and electronic contracting.
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Peace and Conflict Resolution in Africa
Lessons and Opportunities
This publication is the product of the 25th Annual Africa and Diaspora Conference in 2016, organized by the Center for African Peace and Conflict Resolution at California State University, Sacramento, on the theme of “Peace and Conflict Resolution in Africa 25 Years Later: Lessons, Best Practices and Opportunities”. It brings together reflections on both historical and contemporary or recurring conflicts in Africa, especially on issues of ethno-religious conflicts, corruption, land, and leadership. The chapters include case studies and some theoretical perspectives on the persistent search for the right size and…
This conference proceedings compiles reflections on both historical and contemporary conflicts in Africa, focusing on issues of ethno-religious conflicts, corruption, and land. It also documents areas of progress in legitimizing democracy and conceptualizing social justice.
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This book begins with the belief that, if a moral principle cannot be identified in the language of the law, if law is not underpinned by a moral understanding of the norm, if the moral accusation is not attached to the violations of certain indispensable norms of the law, then we are violating the peremptory character of the universality of the moral law. The book vicariously objects to any dispute for the advantage of the impunity of those who have cruelly contravened the corpus juris of international peremptory criminal law.…
This book argues that if law is not underpinned by a moral understanding, the moral law itself is violated. It objects to impunity for those who contravene international peremptory criminal law, reaffirming universal principles of truth, equality, and the essential value of man.
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The United Nations System
A Synopsis
This volume introduces the United Nations by considering its purposes, as stated in Article 1 of its Charter. It provides a concise history of this institution, and describes its structure, concentrating on its Funds and Programmes, Specialized Agencies, and Regional Commissions. It then splits the work into two different major sections, on the basis of topic and geographical region. The former includes the following: development, education, environment, food and agriculture, and peace and security, while the latter comprises Africa, the Americas, Asia, Europe and Oceania. These are followed by reflective…
This introduction to the United Nations covers its purposes, history, and structure. The volume examines the UN’s work through two major sections: by topic, including development, peace, and security; and by geographical region, from Africa and the Americas to Asia and Europe.
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This pioneering scholarly oeuvre evaluates the major comparative philosophy of Islamic international criminal justice. It represents an in-depth analysis of the necessities of creating an Islamic international criminal court, its possible jurisdiction, proceedings, judgments, and sanctions. It implies a court functioning under the legal personality of the International Criminal Court, with comparative international criminal lawyers with basic knowledge of Shariah contributing to the prevention of crimes and impunity at an international level. The morality and philosophy of Islamic justice are highly relevant with reference to the atrocities committed explicitly or…
This pioneering work explores the intersection of Islamic and international criminal law. It argues for creating an Islamic international criminal court to prevent impunity for atrocities committed in the name of Islam, examining its jurisdiction, procedures, and sanctions.
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This collection of essays highlights the many problems and challenges facing human rights law today. Bringing together academics, practitioners and NGOs, it examines some of the contemporary challenges facing human rights law and practice in England, Northern Ireland, the Republic of Ireland, France and America. It is clear that we live in a time where human rights are in crisis. A decade of austerity measures at the domestic, regional and international levels evidently has had a detrimental effect on the protection of human rights. Cuts to social spending have resulted…
This collection of essays examines the contemporary crisis facing human rights. Bringing together academics and practitioners, it links austerity and the rise of the far-right to a crucial question: are human rights rights at all?
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This book describes how the international sales of goods have generally been ruled by either English Law or Civil Law, which has often posed problems due to different approaches regarding certain principles and institutions. It clarifies how the Vienna Convention on Contracts for the International Sale of Goods of 11th April, 1980, tried to harmonise these differences with a codification technique, typical of civil law, giving privilege to rules of civil law most of the time, but also introducing institutions from common law, that are not incompatible with…
International sales have been ruled by conflicting English and Civil Law. This book shows how the Vienna Convention (CISG) harmonised these differences, blending civil law codification with common law institutions to bring vital certitude and sophistication to global commerce.
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How military commanders interpret the rules of targeting impacts not only on whether civilians and civilian objects are harmed in the course of a military operation, but also on the scale of harm that ensues. Commentators have queried whether military commanders observed the law even when parties to a conflict acted in accordance with mandates to protect civilians, as was the case when a coalition of states bombed targets in Libya in 2011. However, limited guidance is publicly available on how military commanders apply these rules on the battlefield. In…
By examining a range of military case studies, Krupiy addresses lacunae in current scholarship, putting forward principles which capture how military commanders deliberate while interpreting what the rules of targeting require in particular scenarios.
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This book examines a variety of important issues that arise in tort and free speech cases, including asset freezing orders, non-pecuniary damages in financial services cases, the illegality defense in restitution cases, contributory negligence and the avoidable loss rule, whether robotic speech should be protected like other speech, fact-checking remedies and disinformation, the right of reply in media regulation, the right to be secure and free speech, and social media platform censorship.
This book examines important issues in tort and free speech, including asset freezing orders, contributory negligence, robotic speech, disinformation, and social media platform censorship.
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Given that there are still many unclear concepts, mutual contradictions and imperfections in methodologies used in the field of track access charging, this book acts as a communication tool for researchers, and discusses these charges with regard to rail freight competitiveness. It addresses four main topics: namely, the technical features of freight transportation and the costs incurred; the impact of incoherence and volatility of freight traffic volume; the market response to the track access charge level; and the influence of transport policy and state subsidies. The text will appeal to…
This book discusses track access charging with regard to rail freight competitiveness. It addresses the costs incurred, the impact of traffic volume, market response, and the influence of transport policy, appealing to infrastructure managers seeking to shift freight to railways.
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The Palestinian Constitutional Court
An Assessment of Its Independence under the Emergency Regime
This book assesses the legal and practical independence of the Palestinian Constitutional Court since the coup in July 2007 that brought the Fatah regime to power in the West Bank. It argues that the Court has failed to perform its fundamental function, namely upholding the Basic Law in the face of authoritarian actions by that regime, and that it is highly unlikely to resolve this problem while the state of emergency continues. This book offers a case study on how constitutional courts in authoritarian regimes fail to fulfil,…
This book argues the Palestinian Constitutional Court has failed to uphold the Basic Law against authoritarian actions. It offers a case study on how courts in authoritarian regimes obstruct rights and is the first authoritative English-language study of the Court’s judgments.
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A Second Chance for Justice
The Prosecutions of Gabe Watson for the Death of Tina Thomas
Tina Thomas would have been turning 35 on the day that her husband of less than two weeks stood trial for her murder in the Jefferson County Courthouse in Birmingham, Alabama, US. Eight years and almost four months had passed since Tina died on her honeymoon, while scuba diving near the SS Yongala wreck on the Great Barrier Reef in Northern Queensland, Australia. During this period, there had been extensive police investigations conducted by local, state and federal agencies in Queensland and the United States; a coronial inquest; a…
Tina Thomas died scuba diving on her honeymoon. Eight years later, her husband stood trial for her murder. This book examines the ongoing quest for justice in the controversial double prosecution of Gabe Watson for the death of his wife.
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This collection of essays brings together several papers published by the author in the past 45 years, arranged chronologically, so the reader will follow the unfolding development of the author’s thinking on the issues discussed here. The essays primarily investigate the political reform promoted by intellectuals and the professional classes in Taiwan beginning in the 1970s and the introduction of a national human rights commission in the 1990s. The latter is here analysed under three headings: the creation of a national human rights commission; the drafting and review by foreign…
Spanning 45 years, these essays chart the author’s evolving thought on Taiwan’s modern history. They investigate political reform by intellectuals since the 1970s and the creation of a national human rights commission, including the handling of transitional justice.
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Judicial Activism in Bangladesh
A Golden Mean Approach
This book critically examines the evolving global trend of judicial activism with particular reference to Bangladesh. It constructs judicial activism as a golden-mean adjudicative technology, standing between excessive judicial assertion and unacceptable judicial passivity that may leave injustices un-redressed. It argues that judicial balancing between over-activism and meek administration of justice should essentially be predicated upon domestic conditions, and the needs and fundamental public values of the judges’ respective society. Providing cross-jurisdictional empirical evidence, the study demonstrates that judicial activism, steered towards improving justice and grounded in one’s societal specificities,…
This book reframes judicial activism as a balance between over-assertion and passivity. With particular reference to Bangladesh, it reveals judicial under-activism and argues that pragmatic intervention is critical for good governance and social justice.
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£54.99
This volume returns to one of the major themes of the Global Ecological Integrity Group: the interface between integrity as a scientific concept and a number of important issues in ethics, international law and public health. The main scholars who have worked on these topics over the years return to re-examine these dimensions from the viewpoint of global governance.
This volume explores the interface between ecological integrity as a scientific concept and key issues in ethics, international law, and public health. Leading scholars re-examine these dimensions from the viewpoint of global governance.
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Gender Power and Mediation
Evaluative Mediation to Challenge the Power of Social Discourses
This book investigates the practice of family mediation and some of the challenges that may hinder its effective use by marginalised groups in a society. Those challenges include gendered power disparity and family violence, especially towards women, and the discussion extends to how the challenges can be overcome through a practice of evaluative mediation to provide fair outcomes for women. Unlike other contemporary books on mediation, this book not only discusses different theories of power and equity in mediation, it also includes a number of verbatim quotes from different…
This book shows how evaluative mediation, rooted in Eastern practices, can provide fair justice for women facing gendered power disparity and family violence. Using verbatim quotes from real sessions, it demonstrates how theories are operationalised in real life.
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£61.99
In the second half of the twentieth century, alongside the evolution of the global economy, modern technology, rapid transportation and multinational enterprises, there was an increased demand for a dispute resolution mechanism that met the needs of traders, international trade and economic policy-makers. Arbitration as an alternative dispute resolution has significantly gained in popularity in the Arab Gulf States over the past two decades or so. This is no doubt reason enough to take a closer look at the main theme that defines arbitration in this region. National courts…
Seyadi provides insights that will go some way toward dissipating the concerns that are routinely raised about the procedural and practical soundness of arbitration in the Arab Gulf states. In addition, he places arbitration in the Arab Gulf states in its present legal systems.
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Public Interests in International Investment Law
Balancing Protection for Investor and Environment
Are conflicts between the ‘old capitalists’ and ‘new money’ manifest in today’s economy? Are investment treaties, which have traditionally been used to protect capital exporting states, now beginning to cause unwelcome side effects for them? International investment law has long been held as an economic and political instrument in the regime of international investment, with international investment treaties having been concluded to protect foreign investment and investors for a substantial period of time. However, the emerging new economic powers from the Third World are causing this to change.…
Pitting environmental protection in host states against states’ obligations to promote foreign investments under the existing international investment treaty and dispute settlement practices, Ren interprets investment treaty provisions by introducing environmental reflection.
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£64.99
Climate change knows no boundaries and its cost must be borne by all earthlings. While the technologically advanced and developed countries are better prepared for responding to climate change, it is the developing countries that are the most vulnerable to climate change impacts because they have fewer resources to adapt politically, socially, technologically and financially. Climate change is, thus, a matter of moral and cultural ethics. Climate change adaptation methods need to accommodate traditional environmental knowledge and practices of different indigenous cultures. This book explores the ability to concerted global…
Developing countries are the most vulnerable to climate change impacts, making it a matter of moral ethics. This book explores how concerted global action and traditional knowledge can enable them to adapt to the effects of climate change.
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Still Waiting for Tomorrow
The Law and Politics of Unresolved Refugee Crises
This book focuses on the common features of protracted refugee situations. It is a critical examination of the reasons underlying the extended nature of those crises, as well as potential solutions to them. The book addresses war and armed conflict, environmental change and natural disasters, statelessness and protection gaps, among other elements, as common origins of refugee crises. It analyzes the root causes of some of the longest-standing unresolved refugee situations in the world today (including, but not limited to, the cases of Palestinians, Sahrawis, and Tibetans), addressing the particular…
This book is a critical examination of protracted refugee situations. Leading scholars analyze the root causes of these extended crises, from war to statelessness, addressing the political and legal tensions that undermine potential solutions.
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