Voldgift, mediering og alternativ konfliktløsning

Este libro, editado por el profesor Allan R. Brewer-Carías, y publicado por la Firma de Abogados Baumeister & Brewer y la Editorial Jurídica venezolana, es la primera compilación de la Obra Jurídica del Profesor Alberto Baumeister Toledo , en la cual se han incluido 60 estudios de su autoría, que se han agrupado en las materias fundamentales sobre las cuales escribió: (i) derecho constitucional, en los cuales estudió los aportes más relevantes de la nueva Constitución de 1999 en materia de tutela judicial, procedimiento y procesos, interpretación constitucional, defensoría y justicia; (ii) derecho procesal, en los cuales estudió el fin del proceso y la prueba, el traslado de pruebas, la oralidad en los procesos, nuevas tendencias del derecho procesal, el juicio de rendición de cuentas, el juicio ejecutivo, la hipoteca judicial, y los nuevos procedimientos en materia laboral, en materia de protección del niño y adolescente, de violencia contra la mujer, en materia marítima y en materia agraria; (iii) derecho de familia, con un estudio sobre el divorcio en derecho venezolano; (iv) derecho de arbitraje, en los cuales estudió diversos tema con ocasión de la promulgación de la ley de arbitraje comercial; (v) derecho de seguros, en los cuales estudió las nuevas instituciones en la materia, los reaseguros financieros, el seguro de crédito, la mutualidad empresarial para la prestación de seguro, el régimen de los reaseguros, la actividad aseguradora y los ilícitos cambiarios, sobre la reforma de la ley en especial sobre el contrato de seguro, y seguros marítimos; (vi) derecho de propiedad, con estudios sobre la multipropiedad y de tiempo compartido, propiedad horizontal, tercerización y el régimen de la ley de tierras; (vii) derecho mercantil, con estudios sobre sociedades anónimas, la insolvencia y el sistema concursal, la disolución y liquidación de sociedades y los convenios entre deudores en el proceso concursal; (viii) derecho tributario, con un estudio sobre el impuesto sobre tierras ociosas y otro sobre el pago de tributos por terceros; y (ix) derecho administrativo, en el cual estudio el régimen contencioso administrativo de los actos cumplidos en ejecución de la actividad agroalimentaria.

This book serves as a comprehensive study of and provides rich insight into non-market economy treatment, including its past, present, and estimated future practices and implications. It explores the introduction of the market and non-market economy dichotomy into international trade law. It traces the origin and development of non-market economy treatment against changing international economic and political background. The book examines this treatment in light of the rationale underlying anti-dumping, reflecting its alleged significance of ensuring fair trade. It in particular investigates the varied non-market economy treatment practices responding concerns of Chinäs rising as a large state-led economy, analyzing the deviation of NME treatment into an all-in trade tool. The book argues against preconceived bias and unilateral protectionism. It highlights the universal existence of government involvement in the market and proposes objective assessment of its impact on fair trade.Final proposition of the book is depoliticizing trade, reforming comprehensively international trade rules to carefully calibrate different values, including promoting fairness and enhancing global social welfare. It envisages a multi-dimension overhaul of international trade rules to rebalance trade interests, rather than roughly labeling an economy to confer different treatment, the practices of which lead to separation and chaos. The book is of particular relevance and interest to economies-in-transition, and among policy makers, academicians and legal practitioners engaged in trade remedies and trade rules reconstruction.

This book analyses the principle of equality from three perspectives: public international law, private international law and EU law. It is the first book in English providing a comprehensive overview of this principle in these areas of law and showing the current trends and issues concerning its application. Its main goal is to understand whether and to what extent the principle of equality has been affirmed in public and private international law, as well as EU law, and what - if any - the common core of this principle is.The analysis carried out in this contributed volume starts from general analyses of the principle of equality in the areas of the law covered by the book and then discusses the principle in more specific areas, such as human rights law, international adjudication (including investment law) and the law of international organizations.The book is intended to become a benchmark for academics dealing with matters of equality in public international law, private international law and EU law. It will be a useful tool for practitioners too, the collected chapters being based on the relevant case law dealing with the principle of equality.Daniele Amoroso is Professor of International Law in the Department of Law of the University of Cagliari, Cagliari, Italy.Loris Marotti is Assistant Professor of International Law in the Department of Law at the Federico II University of Naples, Italy.Pierfrancesco Rossi is Postdoctoral Fellow in International Law in the Department of Law of Luiss University, Rome, Italy.Andrea Spagnolo is Professor of International Law in the Department of Law of the University of Turin, Turin, Italy.Giovanni Zarra is Professor of International Law and International Litigation in the Department of Law at the Federico II University of Naples, Italy.

A restorative justice approach to addressing sexual misconduct in colleges and universities. Written for college and university practitioners and administrators, The Little Book of Restorative Justice for Campus Sexual Harms: A Holistic Approach to Address Sexual Misconduct and Relationship Violence for Colleges and Universities combines explanation, justification, and contextualization for the application of restorative justice (RJ) for sexual misconduct, including for alleged Title IX violations. This book outlines considerations, action steps, and best practices for campuses that are interested in exploring the successful implementation of RJ for sexual misconduct. The authors' backgrounds as practitioners within the higher education context grounds this work with personal reflections, experiences, and stories. This book provides a primer for colleges and universities who seek to move campus culture in a more restorative direction generally, and specifically for practitioners interested in exploring the possibility of amending existing sexual misconduct policies, including investigative-adjudicatory Title IX policy and procedures, through a restorative justice informed lens. Readers will explore why it makes all the difference (for both students and administrators) to add RJ resolution options.

UNTIL YOU WALK IN MY SHOES: A Reframing Methodology to Overcome Systemic Discrimination, has two sections. The first section describes the Framework and Process of the Reframing Methodology, and the second section consists of 18 cases in which the Reframing Methodology is implemented. The Framework describes the role of Equity and Inclusion in establishing psychologically safe or unsafe cultures in organizations, and introduces the Equity-Inclusion Culture Matrix. Equity, Inclusion, and Individual Engagement (EIIE) is introduced as a natural evolution of Diversity, Equity, and Inclusion (DEI). The Reframing Process is described and the steps needed to Reframe the Problem being experienced by the aggrieved individual are described. These steps include ensuring clarity of the Desired Outcome, walking in the shoes of the aggrieved, and finding a Better Problem to Solve to achieve the Desired Outcome..In the second section each of the 18 cases is described and analyzed with the aid of the Equity-Inclusion Culture Matrix. These cases include employees from healthcare - physicians and nurses, employees from government agencies, as well as from large corporations and academic institutions..These cases are significant because they highlight several important issues. These include the role Equity and Inclusion play in healthcare disparities, employee well-being and health, and productivity in organizations.

This book will be the 8th volume of Contemporary Issues in Mediation (CIIM), a thought-leadership publication which compiles the top submissions from an annual mediation essay competition organised by the Singapore International Mediation Institute. This book is edited by Singapore's leading experts on mediation and negotiation, Professor Joel Lee and Marcus Lim. CIIM is a unique and valuable addition to the growing body of mediation and dispute resolution literature.CIIM is the only publication on the market which seeks to explore current theories and applications of mediation concepts and practices in detail. Presently, most publications adopt a descriptive approach when outlining the uses of mediation. CIIM introduces an evaluative component into literature on this niche subject matter and pushes the boundaries of mediation thoughts and theory. Further, readers stand to benefit from a diverse range of topics selected for their high quality of research and novelty. All this will support the development of mediation as a profession undergirded by certain professional standards and practices.With the coming into force of the Singapore Convention on Mediation in 2020, mediation is taking a permanent place in the dispute resolution landscape. The success of the past 7 volumes of CIIM is a testament to the growing interest in the wide variety of issues that arise in this specialised field.

The unification of international commercial law has been a common course for every country of the world. The U.N. Convention on Contracts for International Sale of Goods (CISG) is a milestone in creating a uniform law in the field of the international sale of goods. The CISG coordinated divergent political, economic, and legal systems combined different contract laws and set up a comprehensive and independent legal framework for the international sale of goods.This book examines the basic requirements and criteria of the CISG¿s interpretation and investigates how to achieve the uniform interpretation of the CISG based on interpretation rules in the CISG and through appropriate legal interpretation approaches.As a comprehensive and uniform legal framework for the international sale of goods, the CISG still has gaps to fill. Therefore, a uniform interpretation in gap-filling is equally important for the CISG. This book discusses gap-filling in the CISG, explains why and how to fill its gaps, clarifies gap-filling approaches, their order of application, and eventually concentrates on general principles and the uniform interpretation of the CISG.Another feature of the book is to discuss the supplementary materials that could be used to assist in the uniform interpretation of the CISG. PICC, foreign cases, UNCITRAL Digest, and the CISG Advisory Council opinions will be examined in detail to see whether and how they can fill the gaps in the CISG and promote its uniform interpretation.Only by clarifying the basic requirements and principles relating to the CISG¿s uniform interpretation, can courts and arbitral tribunals correct their attitude toward and practices in the interpretation of the CISG. Only by following the autonomous interpretation approach, can the CISG achieve its goal to unify the sale of goods laws and promote the development of international commerce.

This book focuses on the real themes in various areas of international economic law and explores the key elements behind the written rules. The advantage of this approach is that these themes or elements apply to all types of countries, whether developed or developing, whether market-based or not, and to trade, investment, or other transactions.This book reflects the author's thoughts and views on international economic law and its application based on his experience advising government departments and entities, particularly insights into the U.S.-China trade war from the perspective of a Chinese scholar. This feature makes the book very different from other books published before the U.S.-China trade war or textbooks that simply introduce the relevant subjects and provokes readers to think deeply about the relevant issues.

Somalia's Struggle: Poverty, Conflict, and Hope for the FutureUnveiling the Complexity of Somalia's 18-Year ConflictWelcome to a gripping journey through the heart of Somalia's turbulent history. "Somalia's Struggle: Poverty, Conflict, and Hope for the Future" takes you deep into the heart of a nation scarred by 18 years of relentless conflict.About the BookA Prolonged ConflictEra of Turmoil: Explore the tumultuous 18 years since the outbreak of the conflict in Somalia, triggered by the government's fall under Biaad Tarre's leadership.Ever-Changing Conflict: Witness the evolving nature of this conflict, marked by shifts in intensity, the involvement of various actors, and a multitude of dimensions and dynamics.Current Battlefront: Discover how the conflict still rages today between al-Shabaab and fundamentalist organizations, pitted against the transitional federal government (TFG) and its allies.Precarious Balance: Understand the delicate military balance between the TFG forces and al-Shabaab, with international legitimacy and backing on one side and regional support for the opposition on the other.Bleak RealitiesLimited TFG Control: Despite international support, the TFG struggles to assert its authority over a small part of Mogadishu, while al-Shabaab retains control over significant portions of south-central Somalia, including parts of the capital.Clan Politics to Ideological Conflict: Witness the transformation of the conflict from clan politics and rivalries to an increasingly ideological battle among factions professing different forms of Islam.Expanding Battlefield: Learn about the conflict's expansion from inland regions to the coastal waters of Somalia, where piracy has emerged as a grave threat to maritime transportation and international trade.Why This Book?Unmasking Somalia's Complex RealityIn-Depth Analysis: Dive into the heart of Somalia's protracted conflict with a comprehensive analysis that unravels the intricacies of the nation's history.Human Suffering: Understand the human toll of this conflict and its devastating impact on the lives of the Somali people.Global Implications: Explore the conflict's implications for global security, trade, and the safety of marine transportation."Somalia's Struggle: Poverty, Conflict, and Hope for the Future" offers a compelling exploration of a nation's resilience amid the chaos of conflict. Whether you're a student of geopolitics, a humanitarian, or someone seeking insight into Somalia's journey, this book provides a nuanced understanding of the challenges and hopes facing this resilient nation. Order your copy today and embark on a journey through Somalia's complex past and its hope for a brighter future.

Gelare Matin untersucht das neugefasste Modellgesetze über Mediation im Vergleich einerseits zu dem vorausgehenden Modellgesetz von 2002, andererseits zu der Singapore Convention. Weitere vergleichende Bezüge werden zum UNCITRAL-Modellgesetz über die Internationale Handelsschiedsgerichtsbarkeit von 1985/2006 sowie zum New Yorker Übereinkommmen über die Anerkennung und Vollstreckung ausländischer Schiedssprüche von 1958 gezogen.

This book provides a comprehensive analysis of how EU state aid law is shaping the future of EU investment policy in a global context. It examines in detail how EU state aid policy and practice interact with the EU investment regime on the internal market and affect the external trade relations of the Member States and the EU alike. The debate this book engages in concerns competence, i.e., which body delineates the scope of state aid law and policy (now and in the future) when and where it intersects and collides with another distinct legal field: investment protection. Pursuing a doctrinal approach to the topic in the light of EU law and international law, the book analyses the interaction of the EU's trade, state aid and investment policy. This is done by posing the following research question: How is EU state aid law shaping the future of EU investment policy in a global context? Further, the book puts forward three corresponding arguments. First, this influence can be seen in the EU's incorporation of clauses promoting fair competition and state aid policy in international trade agreements. Second, EU state aid law and policy contributed to recent internal developments which led the Member States to terminate their bilateral agreements with each other (intra-EU BITs) by the end of 2019. Third, the EU has been working to replace the BITs between its Member States and third countries (extra-EU BITs) with its own trade agreements, which are aligned with EU legislation. This combined analysis of EU law and international law yields a number of interesting conclusions.The book addresses a highly topical and rapidly evolving area of EU law and international investment law. It is also the first book to provide a comprehensive approach to the interplay of state aid rules and EU investment policy internally and externally, i.e., within the EU and on a global scale. As such, it closes an important gap in the extant literature on international and EU law. 

This book presents a selection of the latest arbitration cases, materials, and commentaries from China. It aims to provide information on the theory and practice of arbitration combined. It is intended to provide readers with a useful resource to guide them when they encounter actual China-related arbitration cases. This book is a valuable resource for all practitioners concerned with international and foreign-related arbitration matters in China, global law firms, companies engaged in multinational business, jurists, and academics.

Updated for the 2023 SQE1 specification, Revise SQE Dispute Resolution is written for anyone preparing for the Solicitors Qualifying Examination (SQE1) assessment. The book covers the life of a civil claim including the different options of dispute resolution available, commencing civil proceedings, responding to a claim, making interim applications, case management, evidential considerations, costs and enforcement of judgments. The fundamental principles are explained with reference to practical examples and readers will be able to test their knowledge at the end of each chapter using SQE-style single best answer multiple-choice questions.This book incorporates the updates to the SQE Assessment Specification published in April 2023 and which came into force from 1 September 2023. Please note that, unless otherwise expressly stated, the law covered in this book applies in both England and Wales.

Extreme Sulfur Habitat Exploration" is an intriguing book written by Piyush Mandal that delves into the fascinating world of extreme environments where sulfur dominates. With a blend of scientific expertise and a passion for exploration, Mandal takes readers on a captivating journey to some of the most extreme sulfur-rich habitats on Earth.The book provides a comprehensive overview of the diverse sulfur ecosystems found in places such as volcanic landscapes, deep-sea hydrothermal vents, and sulfur-rich caves. Mandal's meticulous research and vivid descriptions bring these unique environments to life, painting a vivid picture of their otherworldly beauty and the extreme conditions in which life manages to thrive.Through his in-depth exploration, Mandal uncovers the extraordinary adaptations of organisms to the challenges posed by sulfur-rich environments. He highlights the interplay between geology, chemistry, and biology, revealing the intricate web of life that exists in these seemingly inhospitable settings."Extreme Sulfur Habitat Exploration" also offers insights into the potential applications of sulfur-adapted organisms and their metabolites in fields such as medicine, biotechnology, and environmental remediation. Mandal's book serves as a valuable resource for scientists, students, and anyone with a keen interest in the wonders of extreme environments and the secrets they hold.In sum, "Extreme Sulfur Habitat Exploration" is a captivating exploration of the hidden world of sulfur-rich environments, written by Piyush Mandal, a renowned expert in the field. It unveils the marvels of life's resilience in extreme conditions and provides a compelling glimpse into the potential benefits these habitats offer to humanity

Este libro de Nelson Ramírez Torres, sobre La Recuperación del Esequibo, es una recopilación de sus artículos publicados en la prensa entre 2022 y 2023, que conforman un estudio acucioso de la problemática de la reclamación del Territorio Esequibo, y en particular, de las implicaciones procesales derivadas de la demanda que Guyana presentó contra Venezuela en 2018, ante la Corte Internacional de Justicia, para que ésta declarara la validez de Laudo Arbitral de 1899 que le otorgó, sin motivación alguna al Reino Unido, la soberanía sobre la casi totalidad el territorio Esequibo, al oeste del río Esequibo, que siempre había y ha reclamado Venezuela como propio, con base en los títulos derivados de la conquista y ocupación española del mismo realizada desde el Siglo XVI.

This book focuses on Chinese cases on the CISG decided by Chinese courts of all levels, focusing on 2011 to 2012. During this period, the number of cases grew fast compared to 2006 to 2010. The total number of cases remained relatively low, the reasons of which might be the following: parties were not familiar with the CISG and therefore decided to opt out of it; in addition, the case collection and report systems in China at that time were not as developed as now, rendering many cases inaccessible.This book provides a comprehensive and detailed analysis of selected cases. The analysis of those cases is on a case-by-case basis. For each case, an English summary of the judgment is provided. In the comment, the People¿s Courts¿ approach to the interpretation and application of the CISG is emphasized. Comments of the individual case are written either by scholars or judges or lawyers from international and comparative perspective to discuss the successes and pitfalls of the interpretation and application of the CISG.

In the shadows of today's dynamic digital landscape, an insidious menace lurks: online trolls. In 'Trolled - From Victim to Victor', you can follow the incredible journey of Khuraman Armstrong, a resilient Australian entrepreneur who refused to be silenced by the malicious forces that attacked her, en masse, with the single intent of destroying her personal reputation and that of her Enjoy Dark Chocolate business.A successful businesswoman, Khuraman experienced the exhilaration of successfully building her brand, connecting with customers, and delivering exceptional products and services, predominantly through social media channels. Born in Azerbaijan, Khuraman was exposed to a wealth of cultures, traditions and foods that also became a passion she shared with the world.However, in 2020 her success was overshadowed by a relentless onslaught of online trolling, threatening to tear down everything she had painstakingly built. Determined to defend her reputation and protect her business, Khuraman made a choice that would change her life forever: she took her tormentors to court.Khuraman's inspiring story of life, culture, and conflict serves as a beacon of hope for victims of cyberbullying, reminding us that we have the power to reclaim our lives and emerge stronger from even the darkest of battles.

This book is a unique compilation of comprehensive works covering the potentials, challenges, and realities of geographical indications from an Indian perspective. The book encompasses critical studies on legal, regulatory, and institutional frameworks and debates surrounding geographical indications. The concept of geographical indication has not received paramount importance in India compared to the other forms of intellectual property rights like patents and trademarks, while GI is becoming critical in national and international discourses. It aims at presenting both national and international situations and discussions, which will appeal to readers worldwide. This book in its first part elaborately deals with the genesis of the GI Act, and then it goes on to analyze both substantive as well as procedural aspects of the registration under the Indian GI Act and tries to identify the discrepancy and gaps in the laws. Also, a comparative perspective has been built by analyzing the GI laws and regulations of some developed countries with that of India. The challenges in existing regulation for quality control and enforcement of GI products in the Indian GI Act have been dealt comprehensively by the authors which are critical in achieving the stated objectives of the Act.The book also focuses on the role of geographical indication in the socio-economic development of rural India. The authors have illustrated how the GI can act as an effective mechanism for employment generation and sustainable growth opportunities in different sectors like agriculture, food, and handicraft.  The interaction of GI with traditional knowledge and biodiversity and their impact on society is also extensively covered. The book contains real-life case studies by the authors from different states of India highlighting the success stories and missed opportunities of different GIs and the way forward where the GI can function as an effective tool for the overall development of a country and promote international trade.  The book will provide law students, scholars from legal and IP disciplines, legal practitioners, producers, and policymakers a factual and multidimensional insight into the GI system in India. This will further promote research in this area, particularly from an Asian perspective and enhance the real-life application of GI to varied products.