practising virtue inside international arbitration

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Practising Virtue

Author : David D. Caron
ISBN : 9780191060373
Genre : Law
File Size : 60. 30 MB
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International arbitration has developed into a global system of adjudication, dealing with disputes arising from a variety of legal relationships: between states, between private commercial actors, and between private and public entities. It operates to a large extent according to its own rules and dynamics - a transnational justice system rather independent of domestic and international law. In response to its growing importance and use by disputing parties, international arbitration has become increasingly institutionalized, professionalized, and judicialized. At the same time, it has gained significance beyond specific disputes and indeed contributes to the shaping of law. Arbitrators have therefore become not only adjudicators, but transnational lawmakers. This has raised concerns over the legitimacy of international arbitration. Practising Virtue looks at international arbitration from the 'inside', with an emphasis on its transnational character. Instead of concentrating on the national and international law governing international arbitration, it focuses on those who practise international arbitration, in order to understand how it actually works, what its sources of authority are, and what demands of legitimacy it must meet. Putting those who practise arbitration into the centre of the system of international arbitration allows us to appreciate the way in which they contribute to the development of the law they apply. This book invites eminent arbitrators to reflect on the actual practice of international arbitration, and its contribution to the transnational justice system.

Practising Virtue

Author : Abby Cohen Smutny
ISBN : 9780198739807
Genre : Arbitration (International law)
File Size : 69. 15 MB
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International arbitration has developed into a global system of adjudication, dealing with disputes arising from a variety of legal relationships: between states, between private commercial actors, and between private and public entities. It operates to a large extent according to its own rules and dynamics - a transnational justice system rather independent of domestic and international law. In response to its growing importance and use by disputing parties, international arbitration has become increasingly institutionalized, professionalized, and judicialized. At the same time, it has gained significance beyond specific disputes and indeed contributes to the shaping of law. Arbitrators have therefore become not only adjudicators, but transnational lawmakers. This has raised concerns over the legitimacy of international arbitration. Practising Virtue looks at international arbitration from the 'inside', with an emphasis on its transnational character. Instead of concentrating on the national and international law governing international arbitration, it focuses on those who practice international arbitration, in order to understand how it actually works, what its sources of authority are, and what demands of legitimacy it must meet. Putting those who practice arbitration into the centre of the system of international arbitration allows us to appreciate the way in which they contribute to the development of the law they apply. This book invites eminent arbitrators to reflect on the actual practice of international arbitration, and its contribution to the transnational justice system.

Practising Virtue

Author : David D. Caron
ISBN : 9780191060380
Genre : Law
File Size : 23. 6 MB
Format : PDF, ePub
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International arbitration has developed into a global system of adjudication, dealing with disputes arising from a variety of legal relationships: between states, between private commercial actors, and between private and public entities. It operates to a large extent according to its own rules and dynamics - a transnational justice system rather independent of domestic and international law. In response to its growing importance and use by disputing parties, international arbitration has become increasingly institutionalized, professionalized, and judicialized. At the same time, it has gained significance beyond specific disputes and indeed contributes to the shaping of law. Arbitrators have therefore become not only adjudicators, but transnational lawmakers. This has raised concerns over the legitimacy of international arbitration. Practising Virtue looks at international arbitration from the 'inside', with an emphasis on its transnational character. Instead of concentrating on the national and international law governing international arbitration, it focuses on those who practise international arbitration, in order to understand how it actually works, what its sources of authority are, and what demands of legitimacy it must meet. Putting those who practise arbitration into the centre of the system of international arbitration allows us to appreciate the way in which they contribute to the development of the law they apply. This book invites eminent arbitrators to reflect on the actual practice of international arbitration, and its contribution to the transnational justice system.

Annulment Under The Icsid Convention

Author : R. Doak Bishop
ISBN : 0199653747
Genre : Law
File Size : 72. 20 MB
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Systematically describes the theory and practice of ICSID annulment proceedings by thoroughly analysing this mechanism in light of the annulment decisions rendered so far, and alongside existing literature.

General Principles Of Law As Applied By International Courts And Tribunals

Author : Bin Cheng
ISBN : 9780521030007
Genre : Law
File Size : 85. 21 MB
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In this book, Cheng aims to inquire into the practical application of the general principles of law by international courts and tribunals.

Paralegal Today The Legal Team At Work

Author : Roger LeRoy Miller
ISBN : 9781305854925
Genre : Law
File Size : 76. 40 MB
Format : PDF
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Succeed in your course and your career as a paralegal with PARALEGAL TODAY: THE LEGAL TEAM AT WORK. This updated Seventh Edition shows you how current technology and social media tools are used in practice, while helping you develop an understanding of the laws in our society, the importance of ethical and professional responsibility, and the skills needed to thrive in today's legal environment. Real-world examples, practical applications, ethical dilemmas, hands-on assignments, and an entire chapter on paralegal careers (with salary information) prepare you to meet the challenges of today's paralegal working environment. Important Notice: Media content referenced within the product description or the product text may not be available in the ebook version.

Domestic Law In International Investment Arbitration

Author : Jarrod Hepburn
ISBN : 9780191088681
Genre : Law
File Size : 38. 20 MB
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Although domestic law plays an important role in investment treaty arbitration, this issue is little discussed or analysed. When should investment treaty tribunals engage with domestic law? How should investment treaty tribunals resolve matters of domestic law? These questions have significant ramifications for both the legitimacy of the investment treaty system and the arbitral mandate of the tribunal members. Drawing on case law, international law principles, and comparative analysis, this book addresses these important issues. Part I of the book examines three areas of investment law-the 'fair and equitable treatment' standard, expropriation, and remedies-in which the role of domestic law has so far been under-appreciated. It argues that tribunals are justified in drawing on domestic law as a relevant factor in their rulings on these three issues. Part II of the book examines how questions of domestic law should be resolved in investment arbitration. It proposes a normative framework for use by tribunals in ascertaining the contents of the domestic law to be applied. It then considers counter-arguments, exemptions, and exceptions to applying this framework, and it evaluates how tribunals have ruled on questions of domestic law to date. Investment treaty arbitration has endured much criticism in recent times, partly over fears of its encroachment on sovereignty. The book ultimately contends that closer attention by tribunals to one of the principal expressions of a state's sovereignty-the elaboration of its domestic law-will reduce criticism of the field.

Solving The Internet Jurisdiction Puzzle

Author : Dan Jerker B. Svantesson
ISBN : 9780198795674
Genre : Law
File Size : 88. 48 MB
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Internet jurisdiction has emerged as one of the greatest and most urgent challenges online; affecting areas as diverse as e-commerce, data privacy, law enforcement, content take-downs, cloud computing, e-health, cyber security, intellectual property, freedom of speech, and cyberwar. In this innovative book, Professor Svantesson presents a vision for a new approach to Internet jurisdiction based on an extensive period of research dedicated to the topic. The book demonstrates that our current paradigm remains attached to territorial thinking that is out of sync with our modern world, especially, but not only, online. Having made the claim that our adherence to the territoriality principle is based more on habit rather than on any clear and universally accepted legal principles, Professor Svantesson advances a new jurisprudential framework for how we approach jurisdiction - a framework that unites private, and public, international law. He also proposes several other reform initiatives aimed at equipping us to solve the Internet jurisdiction puzzle. In addition, the book provides a history of Internet jurisdiction, and challenges our traditional categorisation of different types of jurisdiction. It places Internet jurisdiction in a broader context and outlines methods for how to properly understand and work with rules of Internet jurisdiction. While Solving the Internet Jurisdiction Puzzle paints a clear picture of the concerns involved and the problems that needs to be overcome, this book is distinctly aimed at finding practical solutions anchored in a solid theoretical framework. Professor Svantesson argues that many of the Internet jurisdiction problems we face are due to a sleepwalking-like acceptance of orthodox thinking. Solving the Internet Jurisdiction Puzzle acts as a wake-up call to this issue.

Introduction To Eu Energy Law

Author : Kim Talus
ISBN : 9780198791812
Genre :
File Size : 30. 62 MB
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Offering an introduction to students on the most essential elements of EU energy law and policy, this volume will be the go-to text for those seeking knowledge of EU energy regulation and its objectives, as well as an overview of energy law. Specific topics will cover the content of sector-specific energy regulation, the application and impact of general EU law on energy markets, third party access, unbundling, investment in cross-border networks, energy trading and market supervision, the application of general EU competition law on energy markets, the impact of free movement provisions, and the application of state aid rules. A structured, step by step guide through the fundamental areas of EU energy law.

Leading Professionals

Author : Laura Empson
ISBN : 9780198744788
Genre : Business & Economics
File Size : 66. 79 MB
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Professional organizations - such as accounting and consulting firms, law firms, and investment banks - are fundamental to the functioning of the global economy. Yet many of the most powerful are notoriously private. This book uncovers the complex, messy, and surprisingly emotional challenges of leading professional organizations - revealing the realities that lies beneath the 'professional' surface which these organizations present to the outside world. Individual professionals - highly educated, highly intelligent, and highly opinionated - are generally reluctant to see themselves as followers and may be equally reluctant to put themselves forward as leaders. They value their autonomy and confer authority on their leaders on a highly contingent basis. How does a professional come to be seen as a leader within a professional organization? How do leaders maintain their position once they have reached the top of their organization? How do they navigate the complex power relationships among their professional colleagues and actually get things done? Leading Professionals: Power, Politics, and Prima Donnas analyses the complex power dynamics and interpersonal politics that lie at the heart of leadership in professional organizations. It is based on Laura Empson's scholarly research into the world's leading professional organizations across a range of sectors, including interviews with over 500 senior professionals in 16 countries. It draws on the latest organizational and leadership theory to analyse in detail exactly how professionals come together to create 'leadership'. It identifies how change happens within professional organizations and explains why their leaders so often fail.

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