The transnational approach relativizes the role traditionally assigned to the state, without heralding its demise, disposes of the spatial factor without denying territorial realities and introduces a global perspective without underestimating analytical method. Discusses one of the categories of transnational forces: what are usually known as 'international nongovernmental organizations' (INGOs) or 'trans-national associations'. (RSM)
Examines the purposes of punishment and reveals that only some are understandable when a model of means-end rationality is used, suggesting that the element of the nonrational also plays an important role in international sanctions. (Abstract amended)
An analysis of how international nongovernment organizations (INGOs) have come to modify or challenge the international system. The introduction of transnational forces -- ie, nonstate entities of a social, political, scientific, religious, environmental, or other nature -- into the study of international relations does not merely shift or cut across boundaries, but calls for a new, intrinsicially pluralistic approach. The interplay of factors & actors outside the conventional frame of reference of territorial sovereign states exposes a multipolar world that encompasses a variety of intersecting sociopolitical "forces of attraction" of a predominantly economic, ethnic, or religious character. The transnational approach particularly emphasizes three aspects of nonstate entities: their historical precedence over the state system; INGOs' role as the subjects & makers of international law; & the latter's effective scope of action in the contemporary world, either as shapers of opinion, as autonomous actors, or in competition with states. As central components of a potential international civil society, their transnationalization poses the question of the universal character of the state, & hence of civil society, & the groupings that structure it across national borders. 2 Illustrations, 41 References. AA
How the Brain's Neural Encoding Function Contributes to Communication and Conflict Dynamics --The United Nations Convention on International Settlement Agreements Resulting from Mediation : Its Genesis, Negotiation and Future --Enforcement of Mediated Settlement Agreements under the Singapore Convention and the UNCITRAL Model Law : An Argument for the Opt-In Model --Mediators' Code of Conduct and Ethical Guidelines : A Comparative Analysis --Mediation for Settlement and Prevention of Inter-State Conflicts --Can You Leave Your Hat On? An Empirical Study of Med-Arb/Arb-Med in China --Mediation in Germany --Mediation in Brazil : Recent Practice --Assuring Flexibility and Quality in Mediation Training : The Emergence of a Common Regulatory Framework --Inspiration of Mediation Culture and Mediation Practice --Dispute Boards : A Different Approach to Dispute Resolution.
No field of legal scholarship or practice operates in the world of private international law as continuously and pervasively as does international arbitration, commercial and investment alike. Arbitration?s dependence on private international law manifests itself throughout the life-cycle of arbitration, from the crafting of an enforceable arbitration agreement, through the entire arbitral process, to the time an award comes before a national court for annulment or for recognition and enforcement. Thus international arbitration provides both arbitral tribunals and courts with constant challenges.0Courts may come to the task already equipped with longstanding private international law assumptions, but international arbitrators must largely find their own way through the private international law thicket. Arbitrators and courts take guidance in their private international law inquiries from multiple sources: party agreement, institutional rules, treaties, the national law of competing jurisdictions and an abundance of ?soft law?, some of which may even be regarded as expressing an international standard. In a world of this sort, private international law resourcefulness is fundamental
