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This book examines the role, the general framework and the empirical effectiveness of the main alternative dispute resolution tools (administrative appeals, mediation, and ombudsman) in administrative matters, within the broader context of the administrative justice system. The book uses approaches from the fields of law, public administration, public policy and political science to assess the importance of different instruments for alternative dispute resolution, with an emphasis on administrative appeals.

Chapter 1: Several Legal Issues in Cases Involving Foreign Financial Disputes -- chapter 2: International Judicial Cooperation on Cross-border Bankruptcy -- Chapter 3: Legal Issues of Domestic Application of International Treaties -- Chapter 4: Principles& Practice on Recognition and Enforcement of Foreign Judgments by Chinese Courts -- Chapter 5: Development of E-commerce in China (Bing Cheng) -- Chapter 6: The Future Impact of Conventions on the Recognition and Enforcement of Foreign Judgments in Civil or Commercial Matters in China -- Chapter 7: Application of the Doctrine of Forum non Conveniens in Chinese Courts -- Chapter 8: Jurisdiction by Agreement and the Principle of Actual Connection ( Bing Cheng) -- Chapter 9: Judicial Review of Arbitration Agreement -- Chapter 10: Judicial Review of Arbitration Agreement -- Chapter 11:Decisions on Matters beyond the Scope of Submission to Arbitration and Setting Aside an Arbitral Award -- Chapter 12: Judicial Review of Fraudulent Arbitration -- Chapter 13:Nationality of International Commercial Arbitral Awards -- Chapter 14: Arbitration Practice in China's Pilot Free Trade Zones (Bing Cheng) -- Chapter 15: Application of Public Policy in Judicial Review of Arbitral Awards.

This article examines the role of environmental conflict resolution (ECR) in the public interest issues of water disputes. The article endeavours to illustrate the strengths and weaknesses of a range of alternative dispute resolution (ADR) and negotiation approaches in the context of decision-making. Although many embrace ECR as the cheaper and more effective alternative to more formalistic and entrenched judicial processes before courts of law and quasi-judicial tribunals, the authors argue that there is an urgent need for a more critical, contextual and issue-oriented approach. In particular, the article highlights the significant difficulties associated with representing the full range of stakeholders who should be involved in an ADR process, and the lack of transparency and procedural safeguards associated with ADR in complex public interest disputes. The strength of ADR in smaller project-specific disputes involving a very limited number of stakeholders is well understood. The authors argue that ADR may have a significant role in scoping the issues and associated research as well as facilitating agreement on procedural aspects of large, complex public interest water disputes. However, ADR has severe limitations as a decision-making process. For example, water conflicts necessarily involve the concept of sustainability that in turn touches on a complex maze of social, political, economic and ecological values. The probability of reaching a mediated settlement in such a context is severely curtailed. A preferable approach may be one that is entirely transparent, capable of being both monitored and enforced, and is binding on all stakeholders whether or not they are parties to the mediation.

Intro -- Acknowledgments -- Contents -- About the Author -- Abbreviations -- List of Figures -- Chapter 1: Introduction: The Problem of Conflict Resolution -- Chapter 2: Perspectives on Conflict Resolution -- Perspectives on Time and Progress -- Perspectives on Good and Evil -- Perspectives on When to Intervene -- Perspectives on the Nature of Intervention -- Perspectives on Post-conflict Governance -- Perspectives on the Future -- Why Believers Are Not "Winning the War on War" -- Chapter 3: Sources of Violent Conflict and the Banality of Conflict Resolution -- Ethnicity as a Source of Conflict -- Believer Solutions to Ethnic Conflict -- Skeptic Solutions to Ethnic Conflict -- Economic Sources of Conflict -- Believer Solutions to Economic Wars -- Skeptic Solutions to Economic Wars -- Environmental Sources of Violent Conflict -- Believer Solutions to Environmental Conflict -- Skeptic Solutions to Environmental Conflict -- Religious Militancy and Terrorism as Sources of Conflict -- Believer Solutions to Militant Religion -- Skeptic Solutions to Militant Religion -- Conclusion -- Chapter 4: Problems of Knowledge, Power, and Political Will -- The Condition of Knowledge and Understanding -- The Condition of Power -- The Condition of Political Will -- Chapter 5: States, Leaders, Governance, and Why Conflict Resolution Fails -- Permanent Borders and Permanent States -- Good Governance and Good Leadership -- Inclusion and Power-Sharing -- Grassroots State-Building -- State-Building and Democracy -- Conclusion -- Chapter 6: Why Belligerents Choose Conflict over Peace -- Choosing Violence for Pleasure, Material Gain, or Self-Interest -- Choosing Violence for Reasons of Justice and Progressive Change -- Choosing Violence for Development and Renewal -- Choosing War for Reasons of Peace -- Conclusion -- Index.

It gives me great pleasure to submit this essay as part of a tribute to Professor Luvern Rieke. I first met him in his initial year of teaching contracts at the University of Washington, when I was a beginning law student. We later worked together in a variety of contexts including ecumenical religious projects; matters concerning domestic relations subjects when I served on the King County Superior Court bench; and on the Judicial Council, where I served as a member of the Washington State Supreme Court. To each role he brought a unique combination of personal qualities: he was thoughtful, courteous, concerned, and actively involved in making law the servant of the people rather than the master. In recent years, I have been privileged to lead two comparative law study groups to the People's Republic of China (People's Republic) as part of the People to People program. Although my knowledge of China's legal and judicial systems is superficial at best, its long history of using dispute resolution mechanisms, rather than the courts, offers a fresh and interesting perspective. Despite cultural, political, and historical differences, Chinese methods and philosophies of alternate dispute resolution have lessons for those seeking improvement in our traditional Western adjudicative model. Professor Rieke's lifelong interest in finding more appropriate methods for our society to resolve its problems makes this short paper an appropriate subject for a tribute to him.

Whale oil lit the cities and greased the machines of the Industrial Revolution. In light of its importance, competition between whalers was high. Far from courts and law enforcement, competing crews of American whalers not known for their gentility and armed with harpoons tended to resolve disputes at sea over ownership of whales. Left to settle arguments on their own, whalemen created norms and customs to decide ownership of whales pursued by multiple crews. The Law of the Whale Hunt provides an innovative examination of how property law was created in the absence of formal legal institutions regulating the American whaling industry in the eighteenth and nineteenth centuries. Using depositions, court testimony, logbooks, and other previously unused primary sources, Robert Deal tells an exciting story of American whalers hunting in waters from the North Atlantic to the South Pacific and the Sea of Okhotsk