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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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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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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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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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 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 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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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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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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Arbitration Awards
Generic Features and Textual Realisations
This volume focuses on arbitration awards as a discursive genre and draws on the results of research on the discourses of international commercial arbitration conducted within the framework of an international project (“International Commercial Arbitration Practices: A Discourse Analytical Study”) setting out to explore the hypothesis that, as suggested in recent times by various scholars, arbitration practice, procedures and discourses are being increasingly contaminated by litigation, thus compromising the integrity of arbitration principles. The genre investigated is especially interesting in this respect, as arbitration awards represent the final textual outcome…
Is international arbitration being contaminated by litigation, compromising its core principles? This book investigates this hypothesis by analyzing the language of international arbitration awards to identify elements that may provide evidence for this trend.
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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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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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This book examines property issues in respect of intermediated securities under English law, namely title and title conflicts between a true owner and a purchaser. Intangible book entry securities held with an intermediary, often commingled with the holdings of other clients of the intermediary, often give rise to uncertainty in property rights in the securities of an investor under most legal systems, for example, whether property rights can be established and how title conflicts are dealt with. This book identifies the flexible framework of English property law for establishing property…
Who owns commingled securities? This book tackles property rights uncertainty under English law, showing how trusts can secure title and arguing for a careful shift in legal priority to protect good faith purchasers.
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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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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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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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Coping with the challenges of global economic governance is a topical issue of the current international agenda, and the object of a vivid debate among scholars and policy-makers. The international financial and economic crisis that erupted in 2007 reveals the fallibility of the neoliberal paradigm that has dominated the world economic landscape for the last quarter of a century; regulatory and supervisory institutions have disclosed their weaknesses, and markets have shown their limits in dealing with the rational allocation of risks, and their lack of resilience to shocks. This book…
The 2007 financial crisis revealed the fallibility of our global economic system. This book offers a critical view, examining the relations between State sovereignty and markets while investigating gaps in major international organizations like the IMF and WTO.
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International Interplay
The Future of Expropriation Across International Dispute Settlement
Are international tribunals heading towards greater sovereignty or towards greater liberalisation of property rights? Can we glean specific deductions from prevailing cases outside the expropriation arena? How can we justifiably extrapolate principles from international investment arbitration before modifying and applying these lessons to international human rights, the World Trade Organization regime and other dispute settlement systems? What, if any, degree of deference attends the assessment of various claims undertaken by international tribunals? Does this depend on high commerce, force majeure, military or paramilitary control, urgent nuclear and environmental considerations,…
Riddhi Dasgupta dissects core standards in international dispute settlement—from expropriation to fair treatment—to offer vital legal strategies and constructive solutions for a rapidly changing world.
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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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