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Author: Carlos Esplugues Mota
Publisher:
ISBN: 9781780681399
Category : Arbitration (International law)
Languages : en
Pages : 0
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Book Description
The promotion of Alternative Dispute Resolution (ADR) mechanisms is strongly linked to the idea of justice in the 21st century. National and international legislators increasingly offer new responses in this area, with the aim of providing citizens with the opportunity to resolve their disputes outside State courts. Indeed, the global notion of ADR includes a multiplicity of institutions which have in common the purpose of facilitating the settlement of disputes outside courts. However, such generic references to ADR mechanisms, as well as the perceived centrality of the European approach, obscure important differences in the use, regulation, and underlying philosophy of ADR in many countries of the world. This book focuses on a set of countries which accounts for more than half of international world trade. It examines the various ADR devices present in relevant countries, including the US, Australia, China, England, Hong Kong, India, Indonesia, Ireland, Japan, the Philippines, Singapore, South Korea, and Thailand. The book provides an in-depth analysis of the regulation of ADR in all these countries. Every chapter on national law analyzes subjects covered by ADR devices, the existing legal regime, and its solutions and problems. Written by leading practitioners and scholars, the book provides a clear image of the existing framework from a legal, theoretical, and practical standpoint. It will be essential for all those wanting to understand the reality of ADR in some of the most economically important countries of the world. [Subject: Alternative Dispute Resolution, International Law, Comparative Law, Commercial Law]
Author: Carlos Esplugues Mota
Publisher:
ISBN: 9781780681399
Category : Arbitration (International law)
Languages : en
Pages : 0
Get Book Here
Book Description
The promotion of Alternative Dispute Resolution (ADR) mechanisms is strongly linked to the idea of justice in the 21st century. National and international legislators increasingly offer new responses in this area, with the aim of providing citizens with the opportunity to resolve their disputes outside State courts. Indeed, the global notion of ADR includes a multiplicity of institutions which have in common the purpose of facilitating the settlement of disputes outside courts. However, such generic references to ADR mechanisms, as well as the perceived centrality of the European approach, obscure important differences in the use, regulation, and underlying philosophy of ADR in many countries of the world. This book focuses on a set of countries which accounts for more than half of international world trade. It examines the various ADR devices present in relevant countries, including the US, Australia, China, England, Hong Kong, India, Indonesia, Ireland, Japan, the Philippines, Singapore, South Korea, and Thailand. The book provides an in-depth analysis of the regulation of ADR in all these countries. Every chapter on national law analyzes subjects covered by ADR devices, the existing legal regime, and its solutions and problems. Written by leading practitioners and scholars, the book provides a clear image of the existing framework from a legal, theoretical, and practical standpoint. It will be essential for all those wanting to understand the reality of ADR in some of the most economically important countries of the world. [Subject: Alternative Dispute Resolution, International Law, Comparative Law, Commercial Law]
Author: X.E. Kramer
Publisher: Springer Science & Business Media
ISBN: 906704816X
Category : Law
Languages : en
Pages : 381
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Book Description
Globalization of legal traffic and the inherent necessity of having to litigate in foreign courts or to enforce judgments in other countries considerably complicate civil proceedings due to great differences in civil procedure. This may consequently jeopardize access to justice. This triggers the debate on the need for harmonization of civil procedure. In recent years, this debate has gained in importance because of new legislative and practical developments both at the European and the global level. This book discusses the globalization and harmonization of civil procedure from the angles of legal history, law and economics and (European) policy. Attention is paid to the interaction with private law and private international law, and European and global projects that aim at the harmonization of civil procedure or providing guidelines for fair and efficient adjudication. It further includes contributions that focus on globalization and harmonization of civil procedure from the viewpoint of eight different jurisdictions. This book is an unique combination of theory and practice and valuable for academic researchers in the area of civil procedure, private international law, international law as well as policy makers (national and EU), lawyers, judges and bailiffs.
Author: Institut français d'études andines
Publisher:
ISBN:
Category : Andes
Languages : es
Pages : 616
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Book Description
Author: Carlos Esplugues Mota
Publisher:
ISBN: 9781780682495
Category : Civil law
Languages : en
Pages : 0
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Book Description
Originally available as two separate volumes, Intersentia's Civil and Commercial Mediation in Europe is now available as a two volume set. *** About Volume I on National Mediation Rules and Procedures: Mediation is becoming an increasingly important tool for resolving civil and commercial disputes. Although it has been long since recognized in many legal systems, in recent years it has received an important boost and is currently one of the most topical issues in the field of dispute resolution. The European Directive 2008/52/EC of the European Parliament and of the Council of 21.5.2008 on certain aspects of mediation in civil and commercial matters, prescribes a set of minimum common rules on mediation for all EU Member States, with the exception of Denmark. This book examines the current legal framework in every EU Member State regarding mediation in civil and commercial matters, as well as the way in which the Directive has been, or is expected to be, implemented in the near future. It is written by renowned specialists on mediation in Europe and provides an exhaustive account for both scholars and practitioners in Europe and beyond the continent. Every chapter on national law analyzes: both out-of-court and court-annexed mediation in the existing legal framework * the areas of law covered by mediation * the value and formal requirements of the agreement to submit any dispute to mediation * personal features and requirements for mediators * procedural requirements in the mediation procedure * the relationship between the mediator and public authorities * the outcome of the mediation procedure * in the scenario in which a mediation settlement is reached, its requirements and effects. *** About Volume II on Cross-Border Mediation: Mediation plays a leading role within the movement of Alternative Dispute Resolution after centuries in which for several reasons the State and State courts were regarded as the only available instrument to ensure access to justice to citizens. In the European Union the institution of mediation has received much support in the form of Directive 2008/52/EC which sets forth a minimum common legal framework for mediation in the Member States. The 2008 Directive has finally been implemented in the Member States and this book provides the much needed in-depth analysis of the status of the mediation regimes in the European Union. The analysis covers the legal regimes of the Member States set up for cross-border and national mediation. This volume includes national reports on cross-border mediation including in-depth information on all the relevant aspects of cross-border mediation: the notion of cross-border mediation, the law applicable to the mediation clause, the mediation proceedings and the content of the settlement reached by the parties. Special attention is of course given to the recognition and enforcement in the European Union of settlements reached in other Member States and outside Europe. In addition the role of mediators and requirements to become a mediator are examined. This book provides a unique picture of the legal situation in the European Union for cross-border mediation. It is an invaluable instrument for those who want to know more about this complex topic or want to become a mediator in Europe themselves.
Author: S.I. Strong
Publisher: Edward Elgar Publishing
ISBN: 1849807876
Category : Foreign Language Study
Languages : es
Pages : 721
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Book Description
Comparative Law for Spanish–English Speaking Lawyers provides practitioners and students of law, in a variety of English- and Spanish- speaking countries, with the information and skills needed to successfully undertake competent comparative legal research and communicate with local counsel and clients in a second language. Written with the purpose of helping lawyers develop the practical skills essential for success in today’s increasingly international legal market, this book aims to arm its readers with the tools needed to translate unfamiliar legal terms and contextualize the legal concepts and practices used in foreign legal systems. Comparative Law for Spanish–English Speaking Lawyers / Derecho comparado para abogados anglo- e hispanoparlantes, escrita en inglés y español, persigue potenciar las habilidades lingüísticas y los conocimientos de derecho comparado de sus lectores. Con este propósito, términos y conceptos jurídicos esenciales son explicados al hilo del análisis riguroso y transversal de selectas jurisdicciones hispano- y angloparlantes. El libro pretende con ello que abogados, estudiantes de derecho y traductores puedan trabajar en una segunda lengua con solvencia y consciencia de las diferencias jurídicas y culturales que afectan a las relaciones con abogados y clientes extranjeros. La obra se complementa con ejercicios individuales y en grupo que permiten a los lectores reflexionar sobre estas divergencias.
Author: Roger Mac Ginty
Publisher: Springer
ISBN: 0230625681
Category : Political Science
Languages : en
Pages : 243
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Book Description
This book investigates stalled and dysfunctional peace processes and peace accords in societies experiencing civil wars. Using a critical and comparative perspective, it offers strategies for rejuvenating and re-orientating stalled peace processes and peace accords so that they are more able to foster sustainable and inclusive peace
Author: P. Christopher Earley
Publisher: Stanford University Press
ISBN: 0804743126
Category : Business & Economics
Languages : en
Pages : 397
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Book Description
In a global market where international teams, initiatives, and joint ventures are increasingly common, it is extremely important for people to integrate themselves in new cultures. Strategies for selecting and training people on global perspectives are critical for managing business. In this book, the authors develop the idea of cultural intelligence and examine its three essential facets: cognition, the ability to develop patterns from cultural cues; motivation, the desire and ability to engage others; and behavior, the capability to act in accordance with cognition and motivation. They explore the fundamental nature of cultural intelligence and its relationship to other frameworks of intelligence.-Back cover.
Author: Neil Andrews
Publisher:
ISBN: 9781780686844
Category : Civil procedure
Languages : en
Pages : 0
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Book Description
Andrews on Civil Processes is a fresh and stimulating examination of Civil Justice, embracing court proceedings, mediation, and arbitration. A critical and principled treatment of the subject made possible by extensive knowledge not only in the English methods and techniques but also in foreign civil procedural laws.The work guides the reader through the practice of dispute resolution in all its major forms - public and private, adjudicative and conciliatory and thus provides a complete picture of the court and arbitration systems, and of the developing technique of mediation. It is an outward-looking work and advisors seeking further leads are assisted by detailed citation of primary sources and rich bibliographical references to national and foreign works.As a fundamental and systematic treatment of the subject by a leading expert, this fully revised and updated 2nd edition is an essential work of reference for litigation advisors, judges, commentators, and students. As many non-resident parties choose to conduct arbitration in London or bring proceedings before the English High Court, notably the Commercial Court, the clear and well-ordered structure of Andrews of Civil Process is also of interest to the lawyers beyond England and Wales.
Author: Glenn Laverack
Publisher: McGraw-Hill Education (UK)
ISBN: 0335264735
Category : Medical
Languages : en
Pages : 170
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Book Description
The 'Pocket Guide to Health Promotion' is a short, punchy and practical guide aimed at students and practitioners. The book includes precise definitions and examples of key concepts and methods in health promotion practice and a chapter by chapter description of the management planning, strategy selection, implementation and evaluation of health promotion programmes. Written in an accessible and concise style, the book offers the reader a practical and flexible resource that is ideal for students and practitioners looking to plan and implement health promotion activities. A must buy for those new to health promotion or who want a pocket guide to this core health activity. "Clearly written and practical, this excellent guide will prove indispensible to practitioners of health promotion globally, and a very useful starting point for students. It will be worth buying a pocket to put it in!" David Ross, Professor of Epidemiology and International Public Health, London School of Hygiene and Tropical Medicine, UK "The Pocket Guide to Health Promotion is easy to navigate with complex concepts in health promotion explained in a user-friendly way. Whether you are practicing health promotion or studying the discipline, this will be a welcome addition to any book shelf." Dr James Woodall, Co-Director of the Centre for Health Promotion Research & Course Leader MSc Public Health, Leeds Metropolitan University, UK
Author: Graeme L. Worboys
Publisher: ANU Press
ISBN: 1925021696
Category : Nature
Languages : en
Pages : 993
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Book Description
Protected Area Governance and Management presents a compendium of original text, case studies and examples from across the world, by drawing on the literature, and on the knowledge and experience of those involved in protected areas. The book synthesises current knowledge and cutting-edge thinking from the diverse branches of practice and learning relevant to protected area governance and management. It is intended as an investment in the skills and competencies of people and consequently, the effective governance and management of protected areas for which they are responsible, now and into the future. The global success of the protected area concept lies in its shared vision to protect natural and cultural heritage for the long term, and organisations such as International Union for the Conservation of Nature are a unifying force in this regard. Nonetheless, protected areas are a socio-political phenomenon and the ways that nations understand, govern and manage them is always open to contest and debate. The book aims to enlighten, educate and above all to challenge readers to think deeply about protected areas—their future and their past, as well as their present. The book has been compiled by 169 authors and deals with all aspects of protected area governance and management. It provides information to support capacity development training of protected area field officers, managers in charge and executive level managers.
