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Author: Won Kidane
Publisher: Oxford University Press
ISBN: 019997392X
Category : Law
Languages : en
Pages : 337
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Book Description
This book offers an in-depth study of the role of culture in modern day arbitral proceedings. It contains a detailed analysis of how cultural miscommunication affects the accuracy, efficiency, fairness, and legitimacy in both commercial and investment arbitration when the arbitrators and the parties, their counsel and witnesses come from diverse legal traditions and cultures. The book provides a comprehensive definition of culture, and methodically documents and examines the epistemology of determining facts in various legal traditions and how the mixing of traditions influences the outcome.
Author: Won Kidane
Publisher: Oxford University Press
ISBN: 019997392X
Category : Law
Languages : en
Pages : 337
Get Book Here
Book Description
This book offers an in-depth study of the role of culture in modern day arbitral proceedings. It contains a detailed analysis of how cultural miscommunication affects the accuracy, efficiency, fairness, and legitimacy in both commercial and investment arbitration when the arbitrators and the parties, their counsel and witnesses come from diverse legal traditions and cultures. The book provides a comprehensive definition of culture, and methodically documents and examines the epistemology of determining facts in various legal traditions and how the mixing of traditions influences the outcome.
Author: Freya Baetens
Publisher: Oxford University Press
ISBN: 0192643762
Category : Law
Languages : en
Pages : 567
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Book Description
International courts and tribunals hold the power to decide on questions involving sovereignty over territory, grave human rights violations, international crimes, or millions of euros' worth of economic interests. Judges and arbitrators are the 'faces' and arguably the drivers of international adjudication. Yet certain groups tend to be overrepresented on international benches, while others remain underrepresented. Although international courts and tribunals differ in their institutional make-up and functions, they all rely in essence on the judgement of a group of individuals, each with their own background and experience. Even if adjudicators' identity is not the only, and may not be the decisive, influence on their decision-making, the relative lack of diversity has an effect on the judicial process and its outcomes, which in turn entails broader implications for the legitimacy of international law. This book analyses the implications of identity and diversity across numerous international adjudicatory bodies, focusing on a wide range of factors. Lack of diversity within the judiciary has been identified as a legitimacy concern in domestic settings, and the last few years have seen increasing attention to this question at the international level as well, making the book both timely and topical.
Author: Shahla F. Ali
Publisher: Edward Elgar Publishing
ISBN: 1803920041
Category : Law
Languages : en
Pages : 313
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Book Description
After decades of focus on harmonization, which for too many represents no more than Western legal dominance and a largely homogeneous arbitration practitioner community, this ground-breaking book explores the increasing attention being paid to the need for greater diversity in the international arbitration ecosystem. It examines diversity in all its forms, investigating how best to develop an international arbitral order that is not just tolerant of diversity, but that sustains and promotes diversity in concert with harmonized practices.
Author: Catharine Titi
Publisher: Oxford University Press
ISBN: 0198868006
Category : Law
Languages : en
Pages : 225
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Book Description
Drawing on a large and varied body of judicial and arbitral case law, this book provides a comprehensive, original, and up-to-date account of the role of equity in international law.
Author: Mads Tønnesson Andenæs
Publisher: Cambridge University Press
ISBN: 1107082099
Category : Law
Languages : en
Pages : 605
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Book Description
Exploring the role of the International Court of Justice in the re-convergence of international law, this book contends that the court's jurisprudence is transforming traditional concepts such as sovereignty, rights and jurisdiction and in so doing is leading a trend towards the reunification of international law.
Author: Catherine A. Rogers
Publisher: Oxford University Press, USA
ISBN: 9780198713203
Category : Law
Languages : en
Pages : 0
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Book Description
International arbitration is a remarkably resilient institution, but many unresolved and largely unacknowledged ethical quandaries lurk below the surface. Globalization of commercial trade has increased the number and diversity of parties, counsel, experts and arbitrators, which has in turn lead to more frequent ethical conflicts just as procedures have become more formal and transparent. The predictable result is that ethical transgressions are increasingly evident and less tolerable. Despite these developments, regulation of various actors in the system arbitrators, lawyers, experts, third-party funders and arbitral institutions remains ambiguous and often ineffectual. Ethics in International Arbitration systematically analyses the causes and effects of these developments as they relate to the professional conduct of arbitrators, counsel, experts, and third-party funders in international commercial and investment arbitration. This work proposes a model for effective ethical self-regulation, meaning regulation of professional conduct at an international level and within existing arbitral procedures and structures. The work draws on historical developments and current trends to propose analytical frameworks for addressing existing problems and reifying the legitimacy of international arbitration into the future.
Author: Veronica Ruiz Abou-Nigm
Publisher: Edinburgh University Press
ISBN: 1474447872
Category : Law
Languages : en
Pages : 418
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Book Description
No detailed description available for "Diversity and Integration in Private International Law".
Author: Aristotle Constantinides
Publisher: BRILL
ISBN: 9047444728
Category : Law
Languages : en
Pages : 720
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Book Description
This collection of essays pays homage to the multifarious and enduring work of Kalliopi K. Koufa, the first woman to become Professor of International Law in Greece. The volume brings together 37 contributions of renowned international law scholars from all over the world on a wide spectrum of important contemporary theoretical and practical issues. The essays reflect the multiple faces, the expanding scope and diversity of contemporary international law. Areas covered include the use of force, dispute settlement, international criminal law, international environmental law and, most notably, terrorism and human rights, areas on which the work of Professor Koufa in the United Nations and elsewhere has been particularly influential.
Author: M. Fitzmaurice
Publisher: BRILL
ISBN: 9004181040
Category : Political Science
Languages : en
Pages : 397
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Book Description
Interpretation has always been a cornerstone of international adjudication. This book offers a comprehensive analysis, both on a theoretical and a practical level, of where the principles of interpretation enshrined in Articles 31-33 of the VCLT currently stand.
Author: Anthea Roberts
Publisher: Oxford University Press
ISBN: 0190696419
Category : Law
Languages : en
Pages : 433
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Book Description
This book challenges the idea that international law looks the same from anywhere in the world. Instead, how international lawyers understand and approach their field is often deeply influenced by the national contexts in which they lived, studied, and worked. International law in the United States and in the United Kingdom looks different compared to international law in China and Russia, though some approaches (particularly Western, Anglo-American ones) are more influential outside their borders than others. Given shifts in geopolitical power and the rise of non-Western powers like China, it is increasingly important for international lawyers to understand how others coming from diverse backgrounds approach the field. By examining the international law academies and textbooks of the five permanent members of the UN Security Council, Roberts provides a window into these different communities of international lawyers, and she uncovers some of the similarities and differences in how they understand and approach international law.
