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Private International Law
Is Private International Law (PIL) still fit to serve its function in today’s global environment? In light of some calls for radical changes to its very foundations, this timely book investigates the ability of PIL to handle contemporary and international problems, and inspires genuine debate on the future of the field.
Global Private International Law
Providing a unique and clearly structured tool, this book presents an authoritative collection of carefully selected global case studies. Some of these are considered global due to their internationally relevant subject matter, whilst others demonstrate the blurring of traditional legal categories in an age of accelerated cross-border movement. The study of the selected cases in their political, cultural, social and economic contexts sheds light on the contemporary transformation of law through its encounter with conflicting forms of normativity and the multiplication of potential fora.
Private International Law and Global Governance
Contemporary debates about the changing nature of law engage theories of legal pluralism, political economy, social systems, international relations (or regime theory), global constitutionalism, and public international law. Such debates reveal a variety of emerging responses to distributional issues which arise beyond the Western welfare state and new conceptions of private transnational authority. However, private international law tends to stand aloof, claiming process-based neutrality or the apolitical nature of private law technique and refusing to recognize frontiers beyond than those of the nation-state. As a result, the discipline is paradoxically ill-equipped to deal with the most s...
Applicable Law Issues in International Arbitration / Questions de Droit Applicable Dans L'Arbitrage International
Applicable Law Issues in International Arbitration / Questions de droit applicable dans l'arbitrage international by Giuditta Cordero-Moss and Diego Fernández Arroyo (Eds.)
Diversity and Integration in Private International Law
Bringing together academics and private international lawyers from a wide range of jurisdictions and institutions, this volume explores how private international law can best contribute to the development of the global legal architecture needed to integrate our emerging multicultural world society.
Multi-Tier Approaches to the Resolution of International Disputes
Provides a comprehensive global survey on multi-tier dispute resolution, examining its trends, its strengths and weaknesses, and the way forward.
International Investment Law in Latin America / Derecho Internacional de las Inversiones en América Latina
With the bilingual volume International Investment Law in Latin America: Problems and Prospects, Attila Tanzi, Alessandra Asteriti, Rodrigo Polanco Lazo and Paolo Turrini provide a regional perspective on one of the liveliest branches of international law by situating it in one of the most dynamic areas of the world. Latin America has always had an ambivalent relationship with international investment law and, more recently, it has been the home of harsh and resolute criticisms, questioning the ultimate legitimacy of the regime. By bringing together distinguished scholars of this legal field, the volume analyses ongoing trends and draws lessons from the Continent’s past experiences while i...
International Commercial Arbitration
Highlights specific features of various international commercial arbitration forms, thus enabling lawyers drafting arbitration clauses to make informed choices.
Soft Law in International Arbitration
Présentation de l'éditeur : "In recent years, a growing body of provisions called "protocols," "guidelines," "checklists" or even "rules" has emerged in international arbitration. Unlike national or international law, or institutional arbitral rules, these provisions are not "mandatory" for arbitration participants. They range from provisions that can be incorporated into the parties' agreement to arbitrate to suggestions as to the best practices that arbitrators and other arbitration participants may choose to follow. These materials are often collectively referred to as "soft law." Soft Law in International Arbitration provides a guide to what the editors consider to be the most useful of such materials. The book organizes these materials into five categories, each introduced with commentary by a prominent member of the international arbitration community. Thus, the eighteen documents contained in this book can be regarded as helping to fill in the spaces that substantive law and arbitration rules have intentionally left blank. Soft Law in International Arbitration is an indispensable commentary for practitioners and academics alike."
Behind the Scenes in International Arbitration
Behind the Scenes in International Arbitration reveals what really happens behind the scenes of the large stage of international arbitration -- a world of its own. Though arbitration has become a big business, its proceedings are not open to the public at large, because of their confidential -- and sometimes opaque -- nature. Thus, Ugo Draetta offers his perspective as an insider, outlining some behaviors of the various players on the arbitration stage, which are sometimes irrational, emotional, bizarre or counterproductive. Drawn from the personal experiences of the author's 30 years in the field, the book is essentially based on a number of real life anecdotes (obviously on a no name basis...
