Suchergebnisse

"International commercial arbitration and litigation are often seen as competing fora, fields of law, or markets. This intersection is at its highest at the forefront of any proceedings, at the jurisdictional stage. The analysis of jurisdictional issues at the forefront of an arbitration has been confined in a descriptive analysis of the law and jurisprudence, dealing with jurisdictional intersections almost in a mechanistic manner. These are not, however, issues which can be treated as mere mechanical rules. They are issues pertaining to core notions of authority, sovereignty, their origins and their allocation. At the same time, the pragmatic and practical domination of party autonomy is a fact which cannot be disregarded when one considers the normative and theoretical foundations of any model of dealing with these issues. This book moves beyond an analysis of arbitration and jurisdiction clauses to reconcile theory and practice, and provides an underlying theoretical model to explain and regulate jurisdictional intersections at the early stages of an arbitration from a private international law perspective. It combines both an in-depth engagement with the theoretical literature as well as a close examination and analysis of its practical consequences in the form of a restatement of the law of England and Wales. From a methodological perspective, it utilises contemporary theories in private international law to propose a coherent model of regulating arbitral jurisdictions which promotes autonomy and freedom of the parties at this stage. Demonstrating how the theoretical model can be applied in practice and second to provide a basis for a potential future top-down or bottom-up approach of adopting the proposed model, it includes a succinct and practical codification of the current state of affairs in relation to the whole spectrum of jurisdictional issues in England and Wales to serve as a useful tool for practitioners considering jurisdictional issues both from the perspective of State courts and from the perspective of arbitral tribunals, as well as academics researching in these areas"--

Contents: International organization: a state of the art on an art of the state, by Friedrich Kratochwil and John Gerard Ruggie; The rise and fall of international organization as a field of study, by J. Martin Rochester.

THE WORLD IS IN A GOOD POSITION TO IDENTIFY KEY POLICY LESSONS BY ANALYZING THE BROAD STRATEGIES AND POLICIES THAT LIE BEHIND RECENT SUCCESS STORIES. THIS ARTICLE ANALYZES WHETHER OR NOT THE EAST ASIAN FINANCIAL CRASH HAS ALSO BROUGHT DOWN THE CONVENTIONAL WISDOM REGARDING ECONOMIC DEVELOPMENT. IT EXPLORES WHETHER OTHER DEVELOPING NATIONS BET ON EXPORT-ORIENTED POLICIES. IT REVIEWS 50 YEARS OF DEVELOPMENT POLICIES AND PONDERS WHAT, IF ANYTHING, THE WORLD HAS LEARNED.

Preliminary Material /Michael J. Matheson -- The Involvement of International Civil Tribunals in Armed Conflict The Role of International Civil Tribunals /Michael J. Matheson -- Prior Cases Concerning Armed Conflict /Michael J. Matheson -- Involvement of Civil Tribunals in the Current Period /Michael J. Matheson -- The Process of Deciding Cases Involving Armed Conflict Jurisdiction /Michael J. Matheson -- Admissibility /Michael J. Matheson -- Provisional Measures /Michael J. Matheson -- Determining the Facts on the Merits /Michael J. Matheson -- Adjudicating the Law on the Merits /Michael J. Matheson -- Determining Relief /Michael J. Matheson -- Substantive Law Concerning Armed Conflict Resort to Force /Michael J. Matheson -- Law of Armed Conflict /Michael J. Matheson -- Application of Other Legal Norms /Michael J. Matheson -- Territorial Status /Michael J. Matheson -- Conclusion /Michael J. Matheson -- Selected Bibliography /Michael J. Matheson -- Index /Michael J. Matheson.

This interdisciplinary exploration of the modern historiography of international law invites a diverse assessment of the indissoluble unity of the old and the new in the most global of all legal disciplines. The study of the history of international law does not only serve a better understanding of how international law has evolved to become what it is and what it is not. Its histories, which rethink the past in the present, also influence our perception of contemporary matters in international law and our understandings of how they may potentially unfold. This multi-perspectival enquiry into the dominant modes of international legal history and its fundamental debates may also help students of both international law and history to identify the historical approaches that best suit their international legal-historical perspectives and best address their historical and legal research questions.

Apartheid and international monetary reform have received much attention in recent years yet littleof the discussion of these issues has linked them in any meaningful way. The call for changes in the international monetary system has been based upon an alleged insufficiency in international liquidity anda need for an adjustment mechanism for secular balance of payments disequilibria. Opposition to apartheid, South Africa's segregationist racial policy, has been based upon humanitarian concern for the condition of black Africans in that country.