Author: Susan Helen Ellison
Publisher: Duke University Press
ISBN: 0822371782
Category : Social Science
Languages : en
Pages : 282
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Book Description
In Domesticating Democracy Susan Helen Ellison examines foreign-funded alternate dispute resolution (ADR) organizations that provide legal aid and conflict resolution to vulnerable citizens in El Alto, Bolivia. Advocates argue that these programs help residents cope with their interpersonal disputes and economic troubles while avoiding an overburdened legal system and cumbersome state bureaucracies. Ellison shows that ADR programs do more than that—they aim to change the ways Bolivians interact with the state and with global capitalism, making them into self-reliant citizens. ADR programs frequently encourage Bolivians to renounce confrontational expressions of discontent, turning away from courtrooms, physical violence, and street protest and coming to the negotiation table. Nevertheless, residents of El Alto find creative ways to take advantage of these micro-level resources while still seeking justice and a democratic system capable of redressing the structural violence and vulnerability that ADR fails to treat.
Author: Trevor C.W. Farrow
Publisher: University of Toronto Press
ISBN: 144269503X
Category : Law
Languages : en
Pages : 396
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Book Description
Privatization is occurring throughout the public justice system, including courts, tribunals, and state-sanctioned private dispute resolution regimes. Driven by a widespread ethos of efficiency-based civil justice reform, privatization claims to decrease costs, increase speed, and improve access to the tools of justice. But it may also lead to procedural unfairness, power imbalances, and the breakdown of our systems of democratic governance. Civil Justice, Privatization, and Democracy demonstrates the urgent need to publicize, politicize, debate, and ultimately temper these moves towards privatized justice. Written by Trevor C.W. Farrow, a former litigation lawyer and current Chair of the Canadian Forum on Civil Justice, Civil Justice, Privatization, and Democracy does more than just bear witness to the privatization initiatives that define how we think about and resolve almost all non-criminal disputes. It articulates the costs and benefits of these privatizing initiatives, particularly their potential negative impacts on the way we regulate ourselves in modern democracies, and it makes recommendations for future civil justice practice and reform.
Author: Paul K. Huth
Publisher: Cambridge University Press
ISBN: 9780521805087
Category : History
Languages : en
Pages : 486
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Book Description
Table of contents
Author: Christopher Heath
Publisher: Kluwer Law International B.V.
ISBN: 9041191127
Category : Law
Languages : en
Pages : 393
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Book Description
Christopher Heath is a judge at the Boards of Appeal of the European Patent Office and former researcher of the Max Planck Institute in Munich. Anselm Kamperman Sanders is Professor of Intellectual Property Law and Director of the IPKM Master’s Programme at Maastricht University, the Netherlands. About this book: Intellectual Property and International Dispute Resolution, the first in-depth treatment of the interface between intellectual property rights and international dispute resolution. The book highlights the different mechanisms of international dispute settlement, having particular regard to cases involving intellectual property law. Investor dispute tribunals, as provided for in many bilateral and multilateral trade agreements, are suspected of intransparency, because proceedings are not public, of unequal treatment, because they give foreign investors a right of action where domestic investors would have none, and of undermining democracy, because they allow democratically enacted laws to be challenged with no possibility of appeal. What’s in this book: In this important book, a number of prominent legal scholars and practitioners examine the extent to which challenges against domestic legislation based on an alleged direct or indirect expropriation of intellectual property rights may be justified. The contributions cover such aspects as: history and current practice of international dispute resolution; direct application of international agreements by national courts; comparison of investor dispute settlement tribunals with other fora such as the WTO or domestic courts for determining compliance with international intellectual property standards; what can be considered ‘investment’ and ‘expropriation’ in the field of intellectual property; legislative freedom to operate when limiting intellectual property rights, particularly in the field of health and safety; and how societal interests could influence future legislation in the field of intellectual property law. One major focus of the book are the challenges against tobacco plain packaging legislation before domestic and international courts and tribunals and their outcome. How this book will help you: The book’s detailed analysis of the nature of investor dispute tribunals and how they may conflict with public interests – and its exploration of possible alternatives – is sure to be of great interest to internationally operating companies, policymakers, practitioners and scholars in both international trade law and intellectual property law.
Author: David L. Rousseau
Publisher: Stanford University Press
ISBN: 0804767513
Category : Political Science
Languages : en
Pages : 410
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Book Description
Conventional wisdom in international relations maintains that democracies are only peaceful when encountering other democracies. Using a variety of social scientific methods of investigation ranging from statistical studies and laboratory experiments to case studies and computer simulations, Rousseau challenges this conventional wisdom by demonstrating that democracies are less likely to initiate violence at early stages of a dispute. Using multiple methods allows Rousseau to demonstrate that institutional constraints, rather than peaceful norms of conflict resolution, are responsible for inhibiting the quick resort to violence in democratic polities. Rousseau finds that conflicts evolve through successive stages and that the constraining power of participatory institutions can vary across these stages. Finally, he demonstrates how constraint within states encourages the rise of clusters of democratic states that resemble "zones of peace" within the anarchic international structure.
Author: Chad Vickery
Publisher: IFES
ISBN: 1931459622
Category : Contested elections
Languages : en
Pages : 356
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Book Description
Author: Melvil Pereira
Publisher: Taylor & Francis
ISBN: 1351403664
Category : Social Science
Languages : en
Pages : 294
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Book Description
This book offers a multifaceted look at Northeast India and the customs and traditions that underpin its legal framework. The book: charts the transition of traditions from colonial rule to present day, through constitutionalism and the consolidation of autonomous identities, as well as outlines contemporary debates in an increasingly modernising region; explores the theoretical context of legal pluralism and its implications, compares the personal legal systems with that of the mainland, and discusses customary law’s continuing popularity (both pragmatic and ideological) and common law; brings together case studies from across the eight states and focuses on the way individual systems and procedures manifest among various tribes and communities in the voices of tribal and non-tribal scholars; and highlights the resilience and relevance of alternative systems of redressal, including conflict resolution and women’s rights. Part of the prestigious ‘Transition in Northeastern India’ series, this book presents an interesting blend of theory and practice, key case studies and examples to study legal pluralism in multicultural contexts. It will be of great interest to students of law and social sciences, anthropology, political science, peace and conflict studies, besides administrators, judicial officers and lawyers in Northeast India, legal scholars and students of tribal law, and members of customary law courts of various tribal communities in Northeast India.
Author: Aharon Barak
Publisher: Princeton University Press
ISBN: 1400827043
Category : Law
Languages : en
Pages : 355
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Book Description
Whether examining election outcomes, the legal status of terrorism suspects, or if (or how) people can be sentenced to death, a judge in a modern democracy assumes a role that raises some of the most contentious political issues of our day. But do judges even have a role beyond deciding the disputes before them under law? What are the criteria for judging the justices who write opinions for the United States Supreme Court or constitutional courts in other democracies? These are the questions that one of the world's foremost judges and legal theorists, Aharon Barak, poses in this book. In fluent prose, Barak sets forth a powerful vision of the role of the judge. He argues that this role comprises two central elements beyond dispute resolution: bridging the gap between the law and society, and protecting the constitution and democracy. The former involves balancing the need to adapt the law to social change against the need for stability; the latter, judges' ultimate accountability, not to public opinion or to politicians, but to the "internal morality" of democracy. Barak's vigorous support of "purposive interpretation" (interpreting legal texts--for example, statutes and constitutions--in light of their purpose) contrasts sharply with the influential "originalism" advocated by U.S. Supreme Court Justice Antonin Scalia. As he explores these questions, Barak also traces how supreme courts in major democracies have evolved since World War II, and he guides us through many of his own decisions to show how he has tried to put these principles into action, even under the burden of judging on terrorism.
Author: Judith Resnik
Publisher: Yale University Press
ISBN: 0300110960
Category : Law
Languages : en
Pages : 719
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Book Description
A remnant of the Renaissance : the transnational iconography of justice -- Civic space, the public square, and good governance -- Obedience : the judge as the loyal servant of the state -- Of eyes and ostriches -- Why eyes? : color, blindness, and impartiality -- Representations and abstractions : identity, politics, and rights -- From seventeenth-century town halls to twentieth-century courts -- A building and litigation boom in Twentieth-Century federal courts -- Late Twentieth-Century United States courts : monumentality, security, and eclectic imagery -- Monuments to the present and museums of the past : national courts (and prisons) -- Constructing regional rights -- Multi-jurisdictional premises : from peace to crimes -- From "rites" to "rights" -- Courts : in and out of sight, site, and cite -- An iconography for democratic adjudication.
Author: Jacob Bercovitch
Publisher: SAGE
ISBN: 1446206599
Category : Political Science
Languages : en
Pages : 705
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Book Description
′The SAGE Handbook of Conflict Resolution demonstrates the range of themes that constitute modern conflict resolution. It brings out its key issues, methods and dilemmas through original contributions by leading scholars in a dynamic and expanding field of inquiry. This handbook is exactly what it sets out to be: an indispensable tool for teaching, research and practice in conflict resolution′ - Peter Wallensteen, Professor of Peace and Conflict Research, Uppsala University and University of Notre Dame ′Bercovitch, Kremenyuk and Zartman are among the most important figures in the conflict resolution field. They have pieced together, with the help of more than 35 colleagues from numerous countries, a state-of-the-art review of the sources of international conflict, available methods of conflict management, and the most difficult challenges facing the individuals and organizations trying to guide us through these conflict-ridden times. The collection is brimming with penetrating insights, trenchant analyses, compelling cases, and disciplined speculation. They help us understand both the promise of as well as the obstacles to theory-building in the new field of conflict resolution′ - Lawrence Susskind, Professor and Director of the MIT - Harvard Public Disputes Program ′The last three sentences of this persuasive book: "We conclude this volume more than ever convinced that conflict resolution is not just possible or desirable in the current international environment. It is absolutely necessary. Resolving conflicts and making peace is no longer an option; it is an intellectual and practical skill that we must all posses." If you are part of that "we," intellectually or professionally, you will find this book a superb companion′ - Thomas C Schelling, Professor Emeritus, Harvard University and University of Maryland Conflict resolution is one of the fastest-growing academic fields in the world today. Although it is a relatively young discipline, having emerged as a specialized field in the 1950′s, it has rapidly grown into a self-contained, vibrant, interdisciplinary field. The SAGE Handbook of Conflict Resolution brings together all the conceptual, methodological and substantive elements of conflict resolution into one volume of over 35 specially commissioned chapters. The Handbook is designed to reflect where the field is today by drawing on the contributions of experts from different fields presenting, in a systematic way, the most recent research and practice. Jacob Bercovitch is Professor of International Relations, and Fellow of the Royal Society, at the University of Canterbury in Christchurch, New Zealand. Victor Kremenyuk is deputy director of the Institute for USA and Canada Studies, Russian Academy of Sciences, Moscow. He is also a research associate at IIASA. I. William Zartman is Jacob Blaustein Professor of Conflict Resolution and International Organization at the Nitze School of Advanced International Studies of Johns Hopkins University
