Suchergebnisse

"Science often entails connotations of 'objectivity', 'certainty', and the capability to discover the 'factual truth'. Judicial decisions, in turn, are routinely associated with resolving disputes in a 'final', 'neutral', and 'authoritative' way. Yet international environmental adjudication, where scientific and legal authority get entangled with each other, suggests that neither science nor law can fully live up to these idealized expectations. What happens if science and law yield competing narratives as to the factual basis of a dispute? Who could and should resolve their conflict and how, based on what benchmarks? Would the uncertain, probabilistic nature of scientific input diminish the authority of a legal judgment based upon it?"

The book deals with confidentiality as one of the most controversial issues in international commercial arbitration. On the one hand, it is widely recognized that confidentiality is an important advantage of arbitration which contributes to its attractiveness. On the other hand, there is no uniform regulation in national legislations, arbitration rules, and other relevant sources as to the scope or even to the existence of a duty of confidentiality. A uniform approach to confidentiality of international commercial arbitration is possible. The best way to achieve it would be through harmonization of national arbitration laws which should impose a confidentiality obligation subject to certain exceptions. The purpose of maintaining confidentiality would be to protect primarily the parties from undesirable leaks that can be avoided and to protect arbitration as an institution. As to a systematic publication of arbitral awards without identifying the parties' identity, it is desirable and should be the goal.

The first day: The causes and consequences of war.--The second day: Modern warfare.--The third day: I. Private war and the duel. II. A discussion on cruelty.--The fourth day: Perpetual peace, or The federation of the world.--The fifth day: A plea for arbitration.--The sixth day: The political economy of war.--The seventh day: Martin Truelove's essay on Christianity and war. ; Mode of access: Internet.

"Diplomacy and International Law" published on by Oxford University Press.