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Contemporary Issues in International Arbitration and Mediation: The Fordham Papers 2014
The 2014 volume of Contemporary Issues in International Arbitration and Mediation: The Fordham Papers is a collection of important works in the field written by the speakers at the 2014 Fordham Law School Conference on International Arbitration and Mediation. The papers are organized into the following parts: Keynote Presentation by Catherine Kessedjian PART 1: Investor-State and Commercial Arbitration by Peter Michaelson, Stanimir A. Alexandrov, James Mendenhall, Laurence Shore, Liang-Ying Tan, Rocío Digón, and Marek Krasula PART 2: Ethics by Bruce A. Green, Margaret Moses, Doak Bishop, Isabel Fernández de la Cuesta, Catherine A. Rogers, and Idil Tumer PART 3: Mediation by Lorraine M. Brennan, Anna Joubin-Bret, Josefa Sicard-Mirabal, Rachael Clarke, James M. Rhodes, and Carrie Menkel-Meadow PART 4: International Trade Arbitration by Kaj Hobér, Luiz Olavo Baptista, Giorgio Sacerdoti, and Gonzalo Biggs PART 5: Investor-State and Commercial Arbitration (2) by John J. Barcelo III, Roland Ziadé, Lorenzo Melchionda, and Dr. Wolfgang Kühn PART 6: International Tax Arbitration by Alexis Foucard, Léa Grandfond, Michael Lennard, and Natalia Quinones Cruz
Universals of Legal Reasoning by Judges
How do judges influence the development of law in Germany and should their behaviour set a precedent for others to follow? This book explores whether or not German judicial methods should serve as a model for the development of European law, both by the European courts and by the courts of other European member states.
Regulating Strikes in Essential Services
Designing a fair, effective and acceptable regime that will reconcile public interest and the public’s need for an uninterrupted flow of essential services on the one hand, while maintaining the freedom of collective bargaining on the other, is an ever more difficult public policy challenge. This book, the first detailed comparative analysis of existing legal and practical approaches across a spectrum of key national jurisdictions, provides a structured and insightful overview of the law and practice of regulating strikes in essential services. As such it can be of great value for public policy debate and the enhancement of national law in the field. The editors have assembled experts from...
Collective Bargaining for Police and Other Essential Services
This book examines how collective bargaining disputes are resolved among police and essential service employees. In Australia, as in other common law countries, police and other highly essential employees such as fire-fighters and ambulance officers have long had access to a form of binding arbitration to settle collective bargaining disputes. The traditional arbitration-based system in Australia has, however, been replaced in recent decades with a marked-based collective bargaining system. The current (Fair Work) system restricts access to arbitration, favouring collective bargaining based on the parties’ prerogative to make their own agreements, and supported by a limited right to indust...
When the World Closed Its Doors
In When the World Closed Its Doors, Edward Alden and Laurie Trautman tell the story of how nearly every country in the world shut its borders to respond to an external threat during the COVID-19 pandemic. They detail the consequences of the COVID border restrictions and explain why governments used their harshest containment measures on those coming from outside. A sweeping overview of the re-bordering of the world after 2020, this synthetic, wide-angle view of a singular shock to the international systems of travel and migration will be necessary reading for anyone interested in international migration and border policy.
Mediation and Strategic Change
In the spring of 2000, the Israel Medical Association called a doctors' strike in all hospitals and HMO-type clinics in Israel. After being on strike for over ten weeks, the parties entered mediation under the auspices of the Israeli government. This book recounts the mediation process. It includes rich and colorful descriptions of the participants, the dispute and its history, and provides insightful analyses of milestones in the mediation process. Various themes typical of public policy dispute mediations are highlighted and analyzed, including: media covera politicians; who sits at the negotiation tab lawyers; the mindset of the mediat and confidentiality. This case study will provide guidance and insights to disputants, lawyers, negotiators, mediators, ADR practitioners and researchers, and government officials. The study can also be used as a classroom text for classes in industrial relations, health care, government, communications, law, and economics. Book jacket.
Work-Life Balance in the Modern Workplace
The term ‘work-life balance’ refers to the relationship between paid work in all of its various forms and personal life, which includes family but is not limited to it. In addition, gender permeates every aspect of this relationship. This volume brings together a wide range of perspectives from a number of different disciplines, presenting research ndings and their implications for policy at all levels (national, sectoral, enterprise, workplace). Collectively, the contributors seek to close the gap between research and policy with the intent of building a better work-life balance regime for workers across a variety of personal circumstances, needs, and preferences. Among the issues and t...
Comparing Police Organizations
Police citizen encounters do not occur in a vacuum. Police systems globally have similarities and/or differences which remain largely understudied and therefore underexplained. Comparative policing is a new frontier for policing research as it aims at integrating the institutional and/or macro determinants of police strategy and provides important insights into the context in which such strategies emerge. This volume shows how lessons and insights emerge from a comparative approach to policing research in various regions of the world. It demonstrates the explanatory power of cross-national studies, with a particular focus on politics, policies, and for what concerns the nature of police work...
Mastering Mediation Education
Nowadays, mediation education is implemented at all levels in society: from kindergarten and primary school education ('peer mediation') to university and post-graduate master programs. The length and intensity varies tremendously: from two day courses, to two year programs. In this respect, mediation is comparable to sports or the fine arts. One can practice this intuitively, and with basic training at grass roots level, further develop this at the professional level, and become a master in mediation. On the professional level, mediation is a respected part of the judicial process and the mediator is recognized as a full partner in the process of conflict management and dispute resolution -...
Essays on Mediation
Across a range of jurisdictions, in differing legal systems, mediation is achieving evergreater institutional and statutory force, and what not long ago was a marginal technique for dispute resolution is becoming mainstream and orthodox. But how firm a sense do we have about the social formation we call ‘mediation’? Through reflections and case histories, this distinctive collection of essays by experienced mediators from across the globe provides a clearer understanding than we have had heretofore of what mediation is and what it can offer as a practical, accessible and positive alternative in civil justice systems. The authors each address ways mediation has been or can be applied to d...
