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International Commercial Arbitration and Mediation in UNCITRAL Model Law Jurisdictions
by Peter BinderInternational Commercial Arbitration and Mediation in UNCITRAL Model Law Jurisdictions Fourth Edition Dr Peter Binder This new edition of a classic text is so extensively revised and updated as to constitute a new book. It does, however, retain the tried and tested article-by-article structure of the previous three editions: it covers all the information needed when contemplating cross-border arbitration or mediation and enables a practitioner to ascertain what to expect in each jurisdiction. It remains the only book that provides a complete overview of all the adopting jurisdictions (now 111) at one glance, with a description of the legislation in these jurisdictions counterbalanced by court rulings to demonstrate how matters are dealt with in everyday practice. The popular adoption chart matrix unique to this book has been further enhanced and updated. Featuring the first full commentary on the newly released 2018 UNCITRAL Model Law on International Commercial Mediation (including its revolutionary regime for the enforcement of settlement agreements reached by means of mediation) and an update of all case law on UNCITRAL texts (CLOUT) to date, the fourth edition provides explicit expert guidance on such matters as the following: overview of each jurisdiction that has enacted the Model Laws; provisions in a particular national Model Law enactment to be watched out for; how a particular issue dealt with in a Model Law enacting jurisdiction has been handled by local courts; and which jurisdictions can be safely recommended in arbitration or mediation clauses in international commercial agreements. Both of the Model Laws are reproduced in full in an appendix. With an examination of each provision’s legislative history as well as national and subnational adoptions of the Model Laws, this work provides a complete picture of global practice in international arbitration and mediation as it exists today, taking full account of emerging trends in the enactment process and in case law. Business people who agree to arbitrate in one of the 111 recognized Model Law jurisdictions can rely on a secure minimum of rights in the arbitral proceedings and run less risk of being surprised by unwelcome peculiarities of local law. International litigation lawyers, arbitrators, and in-house lawyers who are considering arbitrating or mediating in one of the 111 jurisdictions analysed, academics in international ADR, and national government officials dealing with cross-border trade will benefit enormously from this new edition.
International Commercial Arbitration and the Brussels I Regulation (Elgar Arbitration Law and Practice series)
by Louise Hauberg WilhelmsenThis new work provides a timely and in-depth examination of the interface between the recast Brussels I Regulation and international commercial arbitration. The nature of the exclusion of arbitration from the original Brussels I Regulation on the recognition and enforcement of judgments, and subsequent decisions of the CJEU in cases such as West Tankers, resulted in the use of delaying tactics by parties wishing to avoid arbitration agreements. The recast Brussels I Regulation sought to remedy the situation by clarifying the extent of the arbitration exclusion and providing further detail on the relationship between arbitration and the Regulation, with the aim of promoting the efficient resolution of international disputes within the European Union. While the recast Brussels I Regulation has gone some way to remedy the situation, problems remain for those engaged in international disputes in EU member states. Key features of this book include: • Comprehensive analysis of the interface between the recast Brussels I Regulation and international commercial arbitration • Examination of the dilatory tactics which may be employed to avoid arbitration such as forum shopping, commencing parallel proceedings and obtaining conflicting decisions • Guidance on how these tactics are addressed in national and international law • Assessment of the EU, international and national laws that apply to these tactics. Practitioners working within the fields of international commercial arbitration, civil litigation and private international law will find this work a valuable resource, providing a unique and detailed treatment of this important and technical subject.
International Commercial Arbitration and the Commercial Agency Directive: A Perspective from Law and Economics (International Law and Economics)
by Jan EngelmannThis book investigates the tensions between EU law and international commercial arbitration, i.e. tensions between two phenomena at opposite ends of the public to private ordering continuum. It focuses on the Commercial Agents Directive’s regime for indemnity and compensation as one of the most frequent source of these tensions. To mitigate the consequential problems, the book proposes and describes a comprehensive framework for a preferable system of reviewing arbitration agreements and arbitral awards. To this end, it explores the prerequisites of this system through comparative legal analysis of the German, Belgian, French and English systems of review, an assessment of the observable aspects of arbitral practice, game theoretical analysis of the arbitral process, and microeconomic analysis of the cross-border market for commercial agency.
International Commercial Arbitration in New York
by James H. Carter and John FellasNew York is a leading venue for international commercial arbitration, home to the headquarters for the International Centre for Dispute Resolution, the international branch of the American Arbitration Association, and many leaders in the international arbitration field. New York also serves as the locus of several prominent arbitration firms' central offices. The second edition of International Commercial Arbitration in New York encompasses five years of developments in New York and other US international arbitration law since the first edition appeared. Every chapter has been updated, and the new edition includes an entirely new chapter on the legal and practical aspects of conducting an arbitration hearing in New York, covering such subjects as rights to appear as a representative of a party, subpoenas to compel attendance of witnesses, confidentiality of proceedings, and witness testimony and instructions. This collection boasts contributors of pre-eminent stature in the arbitration field. Each chapter elucidates a vital topic, including the existing New York legal landscape, drafting considerations for clauses designating New York as the place of arbitration, and material and advice on selecting arbitrators. The book also covers a series of topics at the intersection of the arbitral process and the New York courts, including jurisdiction, enforcing arbitration agreements, obtaining preliminary relief, and discovery. Class action arbitration, challenging and enforcing arbitral awards, and biographical materials on New York-based international arbitrators are also included, making this a comprehensive, valuable resource for practitioners. New York continues to be the leading venue for international commercial arbitration in the US, and this book is the only comprehensive treatment of its law and practices. The first edition was described as "a wonderful and important book . . . a must for all those seriously engaged in the practice or study of international arbitration in New York and in the United States" (Arbitration International) and "an excellent resource for practitioners anywhere in the world who are or may become involved in an international commercial arbitration seated in New York City" (Global Arbitration Review).
International Commercial Arbitration in New York
New York is a leading venue for international commercial arbitration, home to the headquarters for the International Centre for Dispute Resolution, the international branch of the American Arbitration Association, and many leaders in the international arbitration field. New York also serves as the locus of several prominent arbitration firms' central offices. The second edition of International Commercial Arbitration in New York encompasses five years of developments in New York and other US international arbitration law since the first edition appeared. Every chapter has been updated, and the new edition includes an entirely new chapter on the legal and practical aspects of conducting an arbitration hearing in New York, covering such subjects as rights to appear as a representative of a party, subpoenas to compel attendance of witnesses, confidentiality of proceedings, and witness testimony and instructions. This collection boasts contributors of pre-eminent stature in the arbitration field. Each chapter elucidates a vital topic, including the existing New York legal landscape, drafting considerations for clauses designating New York as the place of arbitration, and material and advice on selecting arbitrators. The book also covers a series of topics at the intersection of the arbitral process and the New York courts, including jurisdiction, enforcing arbitration agreements, obtaining preliminary relief, and discovery. Class action arbitration, challenging and enforcing arbitral awards, and biographical materials on New York-based international arbitrators are also included, making this a comprehensive, valuable resource for practitioners. New York continues to be the leading venue for international commercial arbitration in the US, and this book is the only comprehensive treatment of its law and practices. The first edition was described as "a wonderful and important book . . . a must for all those seriously engaged in the practice or study of international arbitration in New York and in the United States" (Arbitration International) and "an excellent resource for practitioners anywhere in the world who are or may become involved in an international commercial arbitration seated in New York City" (Global Arbitration Review).
International Commercial Arbitration in Spain
by Miguel Gomez JeneInternational Commercial Arbitration in Spain Miguel Gómez Jene Although this book will be of inestimable value to comparative law and arbitration specialists, it provides especially useful guidance for practitioners confronting specific questions during an arbitration with a seat in Spain or an award to be enforced in Spain. The author, a prominent Spanish lawyer and legal scholar, describes in detail all the relevant areas of international commercial arbitration under Spanish and applicable European and international law, with a rigorous analysis of the international, comparative, and internal jurisprudence embedded in Spanish regulation of international commercial arbitration. Twelve expository chapters explicitly follow the scheme of the Spanish Arbitration Act, and two introductory chapters cover the international and European instruments of international commercial arbitration as applied in Spain. The author covers such key principles and customary practices as the following: criteria to determine internationality; formal validity and effects of arbitration agreements; communications, service and computation of time limits; arbitrability; appointment, selection and removal of arbitrators; cases in which an arbitrator may be held liable; when an arbitrator may grant interim measures; pleading and evidence of foreign law; effect of insolvency; limitation of judicial intervention and court jurisdiction; judicial proceeding to set aside an arbitral award; and recognition and enforcement of arbitral awards. An up-to-date, indispensable tool for all professionals working in the world of international arbitration, this one-of-a-kind book will be welcomed by arbitrators, lawyers practising as counsel or arbitrators, global law firms, companies doing transnational business, arbitration academics and international arbitration centres.
International Commercial Arbitration in Sweden
by Kaj HobérInternational Commercial Arbitration in Sweden offers comprehensive coverage and analysis of the principles, rules, and legal aspects of international commercial arbitration in Sweden. Sweden has long been a leading centre for international arbitrations, particularly for disputes involving parties from the Russian Federation, other Eastern European countries, and China. Written by a renowned author with more than 25 years experience, practising both as counsel and arbitrator, this book utilizes personal and professional experience to provide the non-Swedish reader with an in-depth knowledge of Swedish arbitration laws as they are applied internationally. Special attention is paid to issues relating to the conflict of laws and further aspects of private and public international law, such as issues around the enforcement of foreign awards in Sweden. This new edition features additional appendices providing a detailed overview of the key cases and legislative amendments since the publication of the first edition.
International Commercial Arbitration in Sweden
by Kaj HobérInternational Commercial Arbitration in Sweden offers comprehensive coverage and analysis of the principles, rules, and legal aspects of international commercial arbitration in Sweden. Sweden has long been a leading centre for international arbitrations, particularly for disputes involving parties from the Russian Federation, other Eastern European countries, and China. Written by a renowned author with more than 25 years experience, practising both as counsel and arbitrator, this book utilizes personal and professional experience to provide the non-Swedish reader with an in-depth knowledge of Swedish arbitration laws as they are applied internationally. Special attention is paid to issues relating to the conflict of laws and further aspects of private and public international law, such as issues around the enforcement of foreign awards in Sweden. This new edition features additional appendices providing a detailed overview of the key cases and legislative amendments since the publication of the first edition.
International Commercial Arbitration in the European Union: Brussels I, Brexit and Beyond
by Chukwudi OjiegbeThis illuminating book contributes to knowledge on the impact of Brexit on international commercial arbitration in the EU. Entering the fray at a critical watershed in the EU’s history, Chukwudi Ojiegbe turns to the interaction of court litigation and international commercial arbitration, offering crucial insights into the future of EU law in these fields. Ojiegbe reviews a plethora of key aspects of the law that will encounter the aftermath Brexit, focusing on the implications of the mutual trust principle and the consequences for the EU exclusive competence in aspects of international commercial arbitration. He explores the principles of anti-suit injunction and other mechanisms that may be deployed by national courts and arbitral tribunals to prevent parallel court and arbitration proceedings. Advancing academic debate on the EU arbitration/litigation interface, this book suggests innovative solutions to alleviate this longstanding and seemingly intractable issue. Arriving at a time of legal uncertainty, this book offers crucial guidance for policymakers and lawyers dealing with the interaction of court litigation and international commercial arbitration in the EU, as well as academics and researchers studying contemporary EU and commercial law.
International Commercial Contracts: Contract Terms, Applicable Law and Arbitration
by null Giuditta Cordero-MossAny practising lawyer and student working with international commercial contracts faces standardised contracts and international arbitration as mechanisms for dispute settlement. Transnational rules may be applicable, but national law is still important. Based on extensive practical experience, this book analyses international contract practice and its interaction with various applicable sources. It considers vital questions concerning the role played by contractual regulation, by national law and by transnational sources. What is the interaction among these factors, and how does this all apply to contracts that refer disputes to international arbitration? This revised second edition has been fully updated to reflect developments in the field and includes useful tools like tables of cases and sources, and a list of electronic resources and databases.
International Commercial Disputes: Commercial Conflict of Laws in English Courts
by Jonathan Hill Adeline ChongThis is the fourth edition of this highly regarded work on the law of international commercial litigation as practised in the English courts. As such it is primarily concerned with how commercial disputes which have connections with more than one country are dealt with by the English courts. Much of the law which provides the framework for the resolution of such disputes is derived from international instruments, including recent Conventions and Regulations which have significantly re-shaped the law in the European Union. The scope and impact of these European instruments is fully explained and assessed in this new edition. The work is organised in four parts. The first part considers the jurisdiction of the English courts and the recognition and enforcement in England of judgments granted by the courts of other countries. This part of the work, which involves analysis of both the Brussels I Regulation and the so-called traditional rules, includes chapters dealing with jurisdiction in personam and in rem, anti-suit injunctions and provisional measures. The work's second part focuses on the rules which determine whether English law or the law of another country is applicable to a given situation. The part includes a discussion of choice of law in contract and tort, with particular attention being devoted to the recent Rome I and Rome II Regulations. The third part of the work includes three new chapters on international aspects of insolvency (in particular, under the EC Insolvency Regulation) and the final part focuses on an analysis of legal aspects of international commercial arbitration. In particular, this part examines: the powers of the English courts to support or supervise an arbitration; the effect of an arbitration agreement on the jurisdiction of the English courts; the law which governs an arbitration agreement and the parties' dispute; and the recognition and enforcement of foreign arbitration awards.
International Commercial Disputes: Commercial Conflict of Laws in English Courts (Studies In Private International Law Ser. #5)
by Jonathan Hill Adeline ChongThis is the fourth edition of this highly regarded work on the law of international commercial litigation as practised in the English courts. As such it is primarily concerned with how commercial disputes which have connections with more than one country are dealt with by the English courts. Much of the law which provides the framework for the resolution of such disputes is derived from international instruments, including recent Conventions and Regulations which have significantly re-shaped the law in the European Union. The scope and impact of these European instruments is fully explained and assessed in this new edition. The work is organised in four parts. The first part considers the jurisdiction of the English courts and the recognition and enforcement in England of judgments granted by the courts of other countries. This part of the work, which involves analysis of both the Brussels I Regulation and the so-called traditional rules, includes chapters dealing with jurisdiction in personam and in rem, anti-suit injunctions and provisional measures. The work's second part focuses on the rules which determine whether English law or the law of another country is applicable to a given situation. The part includes a discussion of choice of law in contract and tort, with particular attention being devoted to the recent Rome I and Rome II Regulations. The third part of the work includes three new chapters on international aspects of insolvency (in particular, under the EC Insolvency Regulation) and the final part focuses on an analysis of legal aspects of international commercial arbitration. In particular, this part examines: the powers of the English courts to support or supervise an arbitration; the effect of an arbitration agreement on the jurisdiction of the English courts; the law which governs an arbitration agreement and the parties' dispute; and the recognition and enforcement of foreign arbitration awards.
International Commercial Litigation
by Richard FentimanThe new edition of this highly regarded work has been fully updated to reflect current trends and concerns in commercial litigation practice. It considers the many significant changes in the law since the first edition, and how they affect both the structure and drafting of commercial transactions, and the strategic choices of litigants. It includes extensive treatment of the recast Brussels I Regulation, which takes effect from January 2015, and which will significantly affect the handling of cross-border disputes. It offers extended analysis of important recent decisions including VTB v Nutritek, The Alexandros T, and Star Reefers v JFC. The book is a definitive account of the law and practice of international commercial litigation in the English courts, which describes the present state of the law, and articulates its underlying principles. It is intended to be of value to both specialist and non-specialist practitioners, and, by setting the principles of private international law in a practical context, to scholars in the field. The book offers an account of the subject which is comprehensive, and sophisticated in its analysis, but firmly grounded in addressing the challenges and concerns facing practitioners. The role of commercial litigation is examined, not merely in the resolution of disputes, but as an aspect of commercial practice. A feature of the book is its focus on evolving areas of practice, and issues of difficulty, with an emphasis on problematic decisions, and recent legislative changes. Particular emphasis is placed on how the principles established by the higher courts are applied in the Commercial Court. Where the law is uncertain or controversial, the rival arguments are examined and solutions considered. Emphasis is given to the impact of litigation on cross-border transactions, and its effect on legal risk. Mechanisms for managing the risks associated with cross-border litigation are extensively discussed, with particular emphasis on the drafting of effective jurisdiction and governing law clauses. The first edition was highly regarded and was cited with approval by the courts in a number of key decisions including Blue Sky One Ltd v Mahan Air (March 2010), Royal & Sun Alliance plc v Rolls Royce plc (July 2010), Sebastian Holdings Inc v Deutsche Bank AG (Aug 2010, Court of Appeal), Glacier Reinsurance AG & v Gard Marine & Energy Ltd (Oct 2010, Court of Appeal), Faraday Reinsurance Co Ltd v Howden North America Inc (Nov 2011, Commercial Court), Mauritius Commercial Bank Ltd v Hestia Holdings Ltd (May 2013, Commercial Court), Antonio Gramsci v Lembergs (June 2013, Court of Appeal), and The Alexandros T (6 Nov 2013, Supreme Court).
International Commercial Litigation
by Richard FentimanThe new edition of this highly regarded work has been fully updated to reflect current trends and concerns in commercial litigation practice. It considers the many significant changes in the law since the first edition, and how they affect both the structure and drafting of commercial transactions, and the strategic choices of litigants. It includes extensive treatment of the recast Brussels I Regulation, which takes effect from January 2015, and which will significantly affect the handling of cross-border disputes. It offers extended analysis of important recent decisions including VTB v Nutritek, The Alexandros T, and Star Reefers v JFC. The book is a definitive account of the law and practice of international commercial litigation in the English courts, which describes the present state of the law, and articulates its underlying principles. It is intended to be of value to both specialist and non-specialist practitioners, and, by setting the principles of private international law in a practical context, to scholars in the field. The book offers an account of the subject which is comprehensive, and sophisticated in its analysis, but firmly grounded in addressing the challenges and concerns facing practitioners. The role of commercial litigation is examined, not merely in the resolution of disputes, but as an aspect of commercial practice. A feature of the book is its focus on evolving areas of practice, and issues of difficulty, with an emphasis on problematic decisions, and recent legislative changes. Particular emphasis is placed on how the principles established by the higher courts are applied in the Commercial Court. Where the law is uncertain or controversial, the rival arguments are examined and solutions considered. Emphasis is given to the impact of litigation on cross-border transactions, and its effect on legal risk. Mechanisms for managing the risks associated with cross-border litigation are extensively discussed, with particular emphasis on the drafting of effective jurisdiction and governing law clauses. The first edition was highly regarded and was cited with approval by the courts in a number of key decisions including Blue Sky One Ltd v Mahan Air (March 2010), Royal & Sun Alliance plc v Rolls Royce plc (July 2010), Sebastian Holdings Inc v Deutsche Bank AG (Aug 2010, Court of Appeal), Glacier Reinsurance AG & v Gard Marine & Energy Ltd (Oct 2010, Court of Appeal), Faraday Reinsurance Co Ltd v Howden North America Inc (Nov 2011, Commercial Court), Mauritius Commercial Bank Ltd v Hestia Holdings Ltd (May 2013, Commercial Court), Antonio Gramsci v Lembergs (June 2013, Court of Appeal), and The Alexandros T (6 Nov 2013, Supreme Court).
International Commercial Litigation: Text, Cases And Materials On Private International Law (PDF)
by Trevor C. HartleyTaking a fresh and modern approach to the subject, this fully revised and restructured textbook provides everything necessary to gain a good understanding of international commercial litigation. Adopting a comparative stance, it provides extensive coverage of US and Commonwealth law, in addition to the core areas of English and EU law. Extracts from key cases and legislative acts are designed to meet the practical requirements of litigators as well as explaining the ideas behind legal provisions. Significant updates include new material on the recast of the Brussels I Regulation, the impact of EU law on choice-of-court agreements and arbitration agreements, and controversial decisions on antisuit injunctions. A companion website features important updates to the law.
International Commercial Mediation
by Cyril ChernInternational Commercial Mediation is a practical guidebook that explains how to handle and complete a mediation, as well as how to personally market the skills developed as a mediator. The book provides examples, supplies forms, and explains procedures of actual working mediations which can be used to adapt to individual needs. It also deals with advanced practitioner issues and the emerging law on international mediation.
International Commercial Mediation (Dispute Resolution Guides)
by Cyril ChernInternational Commercial Mediation is a practical guidebook that explains how to handle and complete a mediation, as well as how to personally market the skills developed as a mediator. The book provides examples, supplies forms, and explains procedures of actual working mediations which can be used to adapt to individual needs. It also deals with advanced practitioner issues and the emerging law on international mediation.
International Commercial Sales: The Sale Of Goods On Shipment Terms (Lloyd's Commercial Law Library)
by Andrea ListaThis book comprehensively examines the entire legal process of the international sale of goods, beginning with the creation of the contract and continuing through to either the fulfilment of the sale, or the termination of the contract. Every day goods are globally traded between sellers and buyers in different countries and different jurisdictions. The distances between the parties involved in such transactions, and the relative risks related to that, are a key issue in international commercial sales. Sales of goods carried by sea, thus, differ quite drastically from domestic sales; the goods will be normally shipped at a port very distant from the buyer, preventing his physical presence at the port of loading. Further, the goods will travel in the custody of a carrier, a party normally quite independent from either trader. Finally, transactions concluded on shipment terms are normally irreversible, in the sense that shipping the goods back to the seller represents an unlikely option for the buyer. Traders around the world very frequently choose English law to govern their contracts, with disputes to be resolved through London arbitration or litigation. The basis of that law is to be found in the English Sale of Goods Act 1979, and the book consequently also includes an examination of the fundamental principles of that Act, as well as considering use of the Vienna Convention on the International Sale of Goods. This book will be an invaluable reference point for legal practitioners specialising in the sale of goods, as well as postgraduate students and academic researchers working in sales of goods and the international trade sector.
International Commercial Sales: The Sale of Goods on Shipment Terms (Lloyd's Commercial Law Library)
by Andrea ListaThis book comprehensively examines the entire legal process of the international sale of goods, beginning with the creation of the contract and continuing through to either the fulfilment of the sale, or the termination of the contract. Every day goods are globally traded between sellers and buyers in different countries and different jurisdictions. The distances between the parties involved in such transactions, and the relative risks related to that, are a key issue in international commercial sales. Sales of goods carried by sea, thus, differ quite drastically from domestic sales; the goods will be normally shipped at a port very distant from the buyer, preventing his physical presence at the port of loading. Further, the goods will travel in the custody of a carrier, a party normally quite independent from either trader. Finally, transactions concluded on shipment terms are normally irreversible, in the sense that shipping the goods back to the seller represents an unlikely option for the buyer. Traders around the world very frequently choose English law to govern their contracts, with disputes to be resolved through London arbitration or litigation. The basis of that law is to be found in the English Sale of Goods Act 1979, and the book consequently also includes an examination of the fundamental principles of that Act, as well as considering use of the Vienna Convention on the International Sale of Goods. This book will be an invaluable reference point for legal practitioners specialising in the sale of goods, as well as postgraduate students and academic researchers working in sales of goods and the international trade sector.
The International Committee of the Red Cross and its Mandate to Protect and Assist: Law and Practice (Studies in International Law)
by Christy ShucksmithThe purpose of this book is to consider the legality of the changing practice of the International Committee of the Red Cross (ICRC). It provides extensive legal analysis of the ICRC as an organisation, legal person, and humanitarian actor. It draws on the law of organisations, International Humanitarian Law, International Human Rights Law, and other relevant branches of international law in order to critically assess the mandate and practice of the ICRC on the ground. The book also draws on more abstract human-centric concepts, including sovereignty as responsibility and human security, in order to assess the development of the concept of humanity for the mandate and practice of the ICRC. Critically this book uses semi- structured interviews with ICRC delegates to test the theoretical and doctrinal conclusions. The book provides a unique insight into the work of the ICRC. It also includes a case study of the work of the ICRC in the Democratic Republic of Congo.Ultimately the book concludes that the ICRC is no longer restricted to the provision of humanitarian assistance on the battlefield. It is increasingly drawn into long-term and extremely complicated conflicts, in which, civilians, soldiers and non-State actors intermingle. In order to remain useful for the people on the ground, therefore, the ICRC is progressively developing its mandate. This book questions whether, on occasion, this could threaten its promise to remain neutral, impartial and independent. Finally, however, it should be said that this author finds that the work of the ICRC is unparalleled on the international stage and its humanitarian mandate is a vital component for those embroiled in the undertaking of and recovery from conflict.
The International Committee of the Red Cross and its Mandate to Protect and Assist: Law and Practice (Studies in International Law)
by Christy ShucksmithThe purpose of this book is to consider the legality of the changing practice of the International Committee of the Red Cross (ICRC). It provides extensive legal analysis of the ICRC as an organisation, legal person, and humanitarian actor. It draws on the law of organisations, International Humanitarian Law, International Human Rights Law, and other relevant branches of international law in order to critically assess the mandate and practice of the ICRC on the ground. The book also draws on more abstract human-centric concepts, including sovereignty as responsibility and human security, in order to assess the development of the concept of humanity for the mandate and practice of the ICRC. Critically this book uses semi- structured interviews with ICRC delegates to test the theoretical and doctrinal conclusions. The book provides a unique insight into the work of the ICRC. It also includes a case study of the work of the ICRC in the Democratic Republic of Congo.Ultimately the book concludes that the ICRC is no longer restricted to the provision of humanitarian assistance on the battlefield. It is increasingly drawn into long-term and extremely complicated conflicts, in which, civilians, soldiers and non-State actors intermingle. In order to remain useful for the people on the ground, therefore, the ICRC is progressively developing its mandate. This book questions whether, on occasion, this could threaten its promise to remain neutral, impartial and independent. Finally, however, it should be said that this author finds that the work of the ICRC is unparalleled on the international stage and its humanitarian mandate is a vital component for those embroiled in the undertaking of and recovery from conflict.
The International Committee of the Red Cross in Internal Armed Conflicts: Is Neutrality Possible?
by Rajeesh KumarThis book critically examines the possible dilution of the neutrality principle of the International Committee of the Red Cross (ICRC) in internal armed conflicts. It begins with the proposition that the intervention of ICRC in internal armed conflicts led to compromises in neutrality, and questioned the autonomy and independence of the organization. The book also argues that the field operations of the international humanitarian organizations during internal armed conflicts are dependent on the authority exercised by the state in whose territory the conflict persists. The ICRC’s involvement in Sri Lanka and Sudan provides empirical support to validate these propositions and arguments. The cases also show that for the ICRC, it is hard to be neutral and impartial in situations of internal armed conflicts and such conflicts present formidable challenges to maintain its organization autonomy as well. The larger purpose of the book is to contribute to the policy re/formulation of the international humanitarian organizations in internal armed conflict, the most significant challenge in the field at present.
International Company Taxation: An Introduction to the Legal and Economic Principles (Springer Texts in Business and Economics)
by Ulrich SchreiberThe book is written for students of business economics and tax law. It focuses on investment and financing decisions in cross-border situations.In particular, the book deals with: Legal structures of international company taxation, International double taxation, Source-based and residence-based income taxation, International investment and profit shifting, International corporate tax planning, International tax planning and European law, Harmonization of corporate taxation in the European Union, International tax planning and tax accounting.International tax law is designed to avoid international double taxation and to combat international tax avoidance. Nevertheless, companies investing in foreign countries may suffer from international double taxation of profits. On the other hand, these companies may also be able to exploit an international tax rate differential by means of cross-border tax planning. Ulrich Schreiber holds the chair of Business Administration and Business Taxation at the University of Mannheim. He serves as co-editor of Schmalenbachs Zeitschrift für betriebswirtschaftliche Forschung (zfbf) and Schmalenbach Business Review (sbr) and is affiliated with the Centre for European Economic Research (ZEW) as a research associate. Ulrich Schreiber is a member of the Academic Advisory Board of the Federal Ministry of Finance.
International Comparative Approaches to Free Speech and Open Inquiry (Palgrave Studies in Classical Liberalism)
by Luke C. SheahanThis book explores controversies surrounding free speech and open inquiry (FSOI) in various regions of the Anglophone world. The authors argue that the past decade has seen a noticeable erosion of FSOI across the globe, aided and abetted by university clerisies and state apparatuses. These groups’ policing of language and pandering to cancel culture, the authors argue, have narrowed the Overton window to the point of reinvigorating the push for blasphemy law within liberal democracies themselves and impeding certain avenues scientific research. While most books on the subject discuss the American constitutional context of the First Amendment, this book considers free speech in the wider context of other Anglo countries. It also includes scholars from a variety of disciplines whose approaches will not only be ideologically distinct, but demonstrate a diversity of disciplinary approaches and concerns.
International Competition Enforcement Law Between Cooperation and Convergence
by Jörg Philipp TerhechteThe international dimensions of competition law and policy are most often examined at the level of substantive law. In this legal area both intentional and spontaneous assimilation and harmonization trends can be recognized, which manifest themselves e.g. in comparable approaches to combating particularly harmful restraints (so-called "hardcore cartels"). However, the complex terrain of enforcement law has been mainly ignored up to date. Are there common approaches in this field as well? How are the various competition laws linked with each other in respect to procedural norms? This book conceptualizes "International Competition Enforcement Law" against the backdrop of these issues and at the level of comparative law. The ciphers "cooperation" and "convergence" will serve as the two principle ideas for this book.