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Secured Transactions Law in Asia: Principles, Perspectives and Reform
This collection of essays offers a unique insight and overview of the secured transactions law in many of the most important countries in Asia, as well as reflections on the need for, benefits of and challenges for reform in this area of the law. The book provides a mixture of general reflections on the history, successes and challenges of secured transaction law reform, and critical discussion of the law in a number of Asian countries. In some of the countries, the law has already been reformed, or reform is under way, and here the reforms are considered critically, with recommendations for future work. In other countries, the law is not yet reformed, and the existing law is analysed so as to determine what reform is desirable, and whether it is likely to take place.First, this book will enable those engaging with the law in Asia to understand better the contours of the law in both civil and common law jurisdictions. Second, it provides analytical insights into why secured transactions law reform happens or does not happen, the different methods by which reform takes place, the benefits of reform and the difficulties that need to be overcome for successful reform. Third, it discusses the need for reform where none has yet taken place and critically assesses the reforms which have already been enacted or are being considered. In addition to providing a forum for discussion in relation to the countries in question, this book is also a timely contribution to the wider debate on secured transactions law reform which is taking place around the world.
Security Sector Reform in Constitutional Transitions
Security sector reform (SSR) is central to the democratic transitions currently unfolding across the globe, as a diverse range of countries grapple with how to transform militias, tribal forces, and dominant military, police, and intelligence agencies into democratically controlled and accountable security services. SSR will be a key element in shifts from authoritarian to democratic rule for the foreseeable future, since abuse of the security sector is a central technique of autocratic government. This edited collection advances solutions through a selection of case studies from around the world that cover a wide range of contexts.
Selecting Europe's Judges: A Critical Review of the Appointment Procedures to the European Courts
The past decade has witnessed change in the ways judges for the Court of Justice of the European Union and the European Court of Human Rights are selected. The leitmotif has been securing greater professional quality of the judicial candidates, and, for this purpose, both European systems have put in place various advisory panels or selection committees that are called to evaluate the aptitude of the candidates put forward by the national governments. Are these institutional reforms successful in guaranteeing greater quality of the judicial candidates? Do they increase the legitimacy of the European courts? Has the creation of these advisory panels in any way altered the institutional balance, either horizontally within the international organisations, or vertically, between the respective organisation and its Member States? Above all, has the spree of 'judicial comitology' as currently practised a good way for selecting Europe's judges? These and a number of other questions are addressed in this topical volume in a comparative and interdisciplinary prospective. The book is structured into two elements: first, how the operation of the new selection mechanisms is captured and analyzed from different vantage points, and secondly, having mapped the ground, the book critically and comparatively engages with selected common themes, examining the new mechanisms with respect to values and principles such as democracy, judicial independence, transparency, representativeness, and legitimacy.
The Self, Civic Virtue, and Public Life: Interdisciplinary Perspectives (Routledge Studies in Ethics and Moral Theory)
This volume showcases new and interesting ways in which the possession of civic virtues can contribute to people’s abilities to engage in public life in meaningful ways.What is the role of civic virtues in public life? How does possessing civic virtues affect persons and their capacities for participation in the public order? The chapters in this volume combine philosophical and empirically informed work to show how civic virtues can be informed by larger virtue ethical perspectives. The first two chapters discuss virtues of individuals that have not received significant empirical attention—authenticity and wisdom and psychological resilience. The next two chapters address education and the ways in which civic virtues can help us to better serve schoolchildren who are socially and economically disadvantaged, as well as to broaden students’ horizons with respect to character and sustainability education. The final four chapters explore the roles for virtues within various political and public realms. They offer perspectives on how virtues affect contentious politics in democratic societies, and study virtues in contexts in which democracy has been stifled or torn apart by war. Together, the chapters highlight the ever-widening impact of the virtues on our lives and in society.The Self, Civic Virtue, and Public Life will be of interest to scholars and graduate students working in ethics, political philosophy, psychology, and philosophy of education.The Open Access version of this book, available at www.taylorfrancis.com, has been made available under a Creative Commons Attribution-Non Commercial-No Derivatives (CC-BY-NC-ND) 4.0 International license.
Self-Determination and Secession in International Law
Peoples and minorities in many parts of the world assert a right to self-determination, autonomy, and even secession from a state, which naturally conflicts with that state's sovereignty and territorial integrity. The right of a people to self-determination and secession has existed as a concept within international law since the American Declaration of Independence in 1776, but the exact definition of these concepts, and the conditions required for their application, remain unclear. The Advisory Opinion of the International Court of Justice concerning the Declaration of Independency of Kosovo (2010), which held that the Kosovo declaration of independence was not in violation of international law, has only led to further questions. This book takes four conflicts in the post-Soviet Commonwealth of Independent States (CIS) as a starting point for examining the current state of the law of self-determination and secession. Four entities, Transnistria (Moldova), South Ossetia, Abkhazia (both Georgia), and Nagorno-Karabakh (Azerbaijan), claim to be entitled not only to self-determination but also to secession from their mother state. For this entitlement they rely on historic affiliations, and on charges of discrimination and massive human rights violations committed by their mother state. This book sets out its analysis of these critical issue in three parts, providing a detailed understanding of the principles of international law on which they rely: The first part sets out the contours and meaning of self-determination and secession, including an overall assessment of secession within the Commonwealth of Independent States. The second section provides case studies investigating the events in Transnistria, South Ossetia, Abkhazia, and Nagorno-Karabach in greater detail. The third and final section extends the scope of the examination, providing a comparative analysis of similar conflicts involving questions of self-determination and secession in Kosovo, Western Sahara, and Eritrea.
Self-Knowledge: A History (Oxford Philosophical Concepts)
The acquisition of self-knowledge is often described as one of the main goals of philosophical inquiry. At the same time, some sort of self-knowledge is often regarded as a necessary condition of our being a human agent or human subject. Thus self-knowledge is taken to constitute both the beginning and the end of humans' search for wisdom, and as such it is intricately bound up with the very idea of philosophy. Not surprisingly therefore, the Delphic injunction 'Know thyself' has fascinated philosophers of different times, backgrounds, and tempers. But how can we make sense of this imperative? What is self-knowledge and how is it achieved? What are the structural features that distinguish self-knowledge from other types of knowledge? What role do external, second- and third-personal, sources of knowledge play in the acquisition of self-knowledge? How can we account for the moral impact ascribed to self-knowledge? Is it just a form of anthropological knowledge that allows agents to act in accordance with their aims? Or, does self-knowledge ultimately ennoble the self of the subjects having it? Finally, is self-knowledge, or its completion, a goal that may be reached at all? The book addresses these questions in fifteen chapters covering approaches of many philosophers from Plato and Aristotle to Edmund Husserl or Elisabeth Anscombe. The short reflections inserted between the chapters show that the search for self-knowledge is an important theme in literature, poetry, painting and self-portraiture from Homer.
Senizid: Interdisziplinäre Perspektiven
Dieser Band versammelt interdisziplinäre Beiträge zum Thema Altentötung, Opfertod und Alterssuizid. Forschungen aus den Bereichen der Religion, der Geschichte, der Ethnologie und der Literatur bieten einen umfassenden und systematischen Blick auf das Thema. Hinzu kommt ein aktueller Beitrag zur Bedeutung des Senizids in der Corona-Pandemie.
Sentencing and Artificial Intelligence (Studies in Penal Theory and Philosophy)
The first collective work devoted exclusively to the ethical and penal theoretical considerations of the use of artificial intelligence at sentencing Is it morally acceptable to use artificial intelligence (AI) in the determination of sentences on those who have broken the law? If so, how should such algorithms be used--and what are the consequences? Jesper Ryberg and Julian V. Roberts bring together leading experts to answer these questions. Sentencing and Artificial Intelligence investigates to what extent, and under which conditions, justice and the social good may be promoted by allocating parts of the most important task of the criminal court--that of determining legal punishment--to computerized sentencing algorithms. The introduction of an AI-based sentencing system could save significant resources and increase consistency across jurisdictions. But it could also reproduce historical biases, decrease transparency in decision-making, and undermine trust in the justice system. Dealing with a wide-range of pertinent issues including the transparency of algorithmic-based decision-making, the fairness and morality of algorithmic sentencing decisions, and potential discrimination as a result of these practices, this volume offers avaluable insight on the future of sentencing.
Sentencing Multiple Crimes (Studies in Penal Theory and Philosophy)
Most people assume that criminal offenders have only been convicted of a single crime. However, in reality almost half of offenders stand to be sentenced for more than one crime. The high proportion of multiple crime offenders poses a number of practical and theoretical challenges for the criminal justice system. For instance, how should courts punish multiple offenders relative to individuals who have been sentenced for a single crime? How should they be punished relative to each other? Sentencing Multiple Crimes discusses these questions from the perspective of several legal theories. This volume considers questions such as the proportionality of the crimes committed, the temporal span between the crimes, and the relationship between theories about the punitive treatment of recidivists and multiple offenders. Contributors from around the world and in the fields of legal theory, philosophy, and psychology offer their perspectives to the volume. A comprehensive examination of the dynamics involved with sentencing multiple offenders has the potential to be a powerful tool for legal scholars and professionals, particularly given the practical importance of the topic and the relative dearth of research about punishment of multiple offense cases.
Sentencing the Self-Convicted: The Ethics of Pleading Guilty
This book addresses the fundamental ethical and legal aspects, penal consequences, and social context arising from a citizen's acceptance of guilt. The focus is upon sentencing people who have pleaded guilty; in short, post-adjudication, rather than issues arising from discussions in the pretrial phase of the criminal process. The vast majority of defendants across all common law jurisdictions plead guilty and as a result receive a reduced sentence. Concessions by a defendant attract more lenient State punishment in all western legal systems. The concession is significant: At a stroke, a guilty plea relieves the State of the burden of proving the defendant's guilt beyond a reasonable doubt, and in open court. Plea-based sentencing has become even more visible in recent years.The book provides insightful commentary on the following questions: - If an individual voluntarily accepts guilt, should the State receive this plea without further investigation or any disinterested adjudication?- Is it ethically acceptable to allow suspects and defendants, to self-convict in this manner, without independent confirmation and evidence to support a conviction? - If it is acceptable, what is the appropriate State response to such offenders?- If the defendant is detained pretrial, the ability to secure release in return for a plea may be particularly enticing. Might it be too enticing, resulting in wrongful convictions?
Sepúlveda on the Spanish Invasion of the Americas: Defending Empire, Debating Las Casas (The History and Theory of International Law)
This volume presents the first full English translation of four key texts from the dispute between Juan Ginés de Sepúlveda and Bartolomé de las Casas regarding the justice of Spain's invasion of the Americas, culminating in their famous debate in Valladolid in 1550-51. An impassioned defence of the invasion, Sepúlveda's Democrates secundus (composed around 1544) amplified the controversy within Spain about the justice of its activities in the Americas. When Las Casas schemed to block publication of Sepúlveda's manuscript, Sepúlveda wrote an Apologia (1550) in its defence. Tensions were so high that Emperor Charles V called a temporary halt to undertakings in the Americas and convoked a meeting of theologians and jurists in Valladolid to address the matter. Here, Sepúlveda and Las Casas debated bitterly. Las Casas subsequently printed a composite record of the Valladolid deliberations (Aquí se contiene una disputa o controversia, 1552). Sepúlveda retaliated by penning a furious response (Proposiciones temerarias y de mala doctrina, around 1553-54) and strove to have Las Casas' text banned by the Inquisition. The debate between Sepúlveda and Las Casas was a pivotal moment in the history of international legal thought. They argued over fundamental matters of empire and colonial rule; natural law and cultural difference; the jurisdiction of the Church, responsibilities of Christian rulers, and rights of infidel peoples; the just reasons for war and grounds for resistance; and the right to punish idolatry, protect innocents from tyranny, and subjugate unbelievers for the purpose of spreading the Christian faith. With a detailed scholarly introduction that elucidates the complex story of these four controversial texts and reflects on the impacts of Sepúlveda's ideas, which continue to be felt in the theories and practices of war today, this book is a must-read for all those interested in the fields of history, political science, international relations, and colonial studies.
Set-Off Law and Practice: An International Handbook
The third edition of this invaluable guide covers the application and practice of the law of set-off in over 30 jurisdictions spanning Europe, Asia and the Americas. Written by leading experts from around the word, each chapter explains the principles of the law of set-off in the jurisdiction concerned, and provides a comparative guide for banking and finance lawyers wishing to establish the pitfalls of set-off in a foreign jurisdiction For this new edition every chapter has been updated to contain new material specifically devoted to cross border aspects, including analysis of choice of law issues.. Fully updated legal analysis is also provided, with an emphasis on how set-off may be used as security and the application of insolvency set-off: taking into account new legal developments in the various jurisdictions and reflecting recent changes to legislation in the financial sector relating to bank and other financial firm resolution.
The Settlement of International Disputes: Basic Documents (Documents in International Law)
The second edition of this book provides students, scholars, and practitioners of international law with easy access to the key primary sources in international dispute settlement, allowing users to focus on engaging with the primary material, rather than trying to source it. The text has been expanded and updated to reflect developments in this rapidly changing field. It includes dispute settlement provisions of treaties adopted since the first edition (such as the Paris Agreement on Climate Change and the WTO Multi-Party Interim Appeal Arbitration Agreement) and takes stock of changes affecting proceedings before investment tribunals, the European Court of Human Rights, and the International Court of Justice. A new subject index improves navigation.
Sex Offenders: Identification, Risk Assessment, Treatment, and Legal Issues
Sex Offenders, 2nd Edition, offers the most up-to-date research involving the treatment and management of paraphilic and non-paraphilic sex offenders with and without comorbid mental illness or intellectual disability. Providing in-depth coverage on issues related to identification, risk assessment and management, treatment, and legal solutions, this volume seeks to ensure public safety while at the same time maintaining medical integrity and respect for due process. The Second Edition newly addresses LGBTQ issues as well as new categories of risk potentially unaddressed by changing sex offender registry laws. Bringing together the foremost international and interdisciplinary authors and perspectives on the topics, this book is intended for psychiatrists, clinical psychologists, and researchers who work with sex offenders, as well as attorneys, members of the judiciary, and policymakers.
Sexual Assault: Law Reform in a Comparative Perspective
Sexual assault law has been undergoing significant shifts around the world. Traditional criminal laws against sexual assault had a narrow scope: they targeted rape as coerced sexual intercourse, and they defined coercion as physical violence or threats with physical violence. Modern offense descriptions are tracing a change in the logic and structure of criminal laws against sexual assault from the offenders' violence to the victims' lack of consent as the key feature of criminal wrongdoing. However, there are clear and marked differences regarding the offence descriptions in substantive criminal laws in various jurisdictions. Sexual Assault: Law Reform in a Comparative Perspective provides an overview of the debates surrounding the concept and definition of sexual consent, comparing the context and content of law reform in six countries: Canada, England and Wales, Germany, Sweden, the U.S. (concentrating on the American Law Institute's Model Penal Code), and Spain. Leading scholars in the field also analyse the normative questions that arise once the notion of consent gains centre stage. The overall purpose is to assess whether the new generation of criminal prohibitions reflect coherent and convincing concepts of sexual autonomy and consent, and what could be considered the best models for future law reform.
Sexual Violence: Policies, Practices, and Challenges in the United States and Canada
Drawing on the most recent studies, this collection of articles assesses and evaluates current criminal justice responses, policies, and practices regarding sexual violence in the United States and Canada. Focusing on methodological and ideological issues, rape law reform, criminal justice responses, social contexts of sexual assault, and community responses, authors from the fields of sociology, criminal justice, law, counseling, anthropology, biology, and psychology provide detailed studies of the problems and challenges involved in this very sensitive and important issue. The broad perspective provides readers with a comprehensive introduction to the current state of criminal justice responses to sexual assault as well as the changes and progress being made in the area. By providing such extensive coverage, the volume also offers readers a guide to the very nature and extent of sexual violence and its consequences.As we enter the 21st century, numerous changes have occurred within the criminal justice system and society's understanding of rape as a crime of violence. Significant reforms have emerged in both the United States and Canada in terms of how various institutions respond to the crime of rape and the needs of rape survivors. This progress demands an evaluation of the current state of pressing issues regarding the many facets of sexual assault. Kelley and Hodgson offer original contributions from both American and Canadian scholars and practitioners from several social science disciplines in an effort to provide a critical assessment of a timely and important issue.
Sham Transactions
The doctrine of sham is one that pervades the common law. This book will be the first cross-disciplinary analysis of all aspects of the sham doctrine, from its history and development to its varied practical applications. For practitioners used to working in only one area of sham, this volume allows a broader appreciation of the doctrine as it is applied in diverse legal areas, such as tenancy law, trusts, employment law and tax. These several areas are expounded by experts in their field, including both leading practitioners and distinguished scholars. Each contribution considers how key themes apply in each field, such as how the doctrine of sham is related to deceit or fraud, why the doctrine has been found to be useful and how it relates to other principles of statutory interpretation. This wide-ranging work is brought together, not only by these key themes, but by the comparative analysis of the editors, making this a substantial contribution to the understanding of the common law doctrine of sham.
Shaping EU Law the British Way: UK Advocates General at the Court of Justice of the European Union
In this book, leading scholars of EU law, judges, and practitioners unpack the judicial reasoning offered by the UK Advocates General in over forty cases at the Court of Justice, which have influenced the shape of EU law. The authors place the Opinions in the wider context of the EU legal order, and mix praise with critique in order to determine the true contribution of the UK Advocates General, before hearing the concluding reflections by the UK Advocates General themselves. The role of Advocates General at the Court of Justice of the European Union remains notoriously under-researched. With a few notable exceptions, not much ink has been spilled on analysing their contribution to the judicial discourse that emerges from the Court's Palais in Luxembourg. More generally, their impact on the shaping of EU law is only sporadically explored. This book fills the lacunae by offering an in-depth analysis of the way in which the UK Advocates General contributed to development of EU law during 47 years of the UK's membership of the EU.During their terms of office, Advocates General Jean-Pierre Warner (1973-1981), Gordon Slynn (1981-1988), Francis Jacobs (1988-2006), and Eleanor Sharpston (2006-2020) delivered over 1400 Opinions. This staggering contribution of the four individuals and their cabinets of legal secretaries was supplemented by an Opinion of a then Judge of the Court of First Instance, David Edward, who was called to act as an Advocate General in two joined cases in what is now the General Court. With the last UK Advocate General departing from the Court of Justice in September 2020, an important era has ended. With this watershed moment, it is apt to take a look back and critically analyse the contribution to development of EU law made by the UK Advocates General, and to elucidate the lasting impact they have had on the nature of EU law.
Shaping National Security: International Emergency Mechanisms and Disaster Risk Reduction
Shaping National Security: International Emergency Mechanisms and Disaster Risk Reduction presents international emergency mechanisms relative to disaster risk reduction (DRR). The goal is to share knowledge about existing frameworks, and utilize established DRR policies and programs, as another means to reinforce and strengthen national security in countries around the world. The book outlines, in detail, the United Nations Disaster Assessment and Coordination (UNDAC), the International Search and Rescue Advisory Group (INSARAG), the North Atlantic Treaty Organisation (NATO) and the Union Civil Protection Mechanism (UCPM) DRR programs. While these entities’ versions of DRR best practices are largely directed at decreasing the impact of disaster hazards, limiting relevant exposure, local vulnerabilities, increasing capacities to cope with disaster, the authors present these frameworks as potential tools, and effective means, to support national security efforts. This is especially important in disaster circumstances when local, and national emergency resources, may be insufficient to face hazards and multi-hazards, and result in cascading effects to occur as hazard events transpire. Chapters present various resources available to them, through these programs, to encourage authorities from every country to effectively apply the mechanisms—and emergency mechanisms specifically—to offer domestic solutions. Due to these programs proven track records in providing organisational standards, the use of such mechanisms can serve as both the basis to foster sound DRR practices and, by extension, can supplement resiliency, security, and continuity within countries. This concept is based on the premise that the UNDAC, INSARAG, NATO and ECPM emergency mechanisms have been developed to be implementable (directly or indirectly) in every country in the world when disasters occur. Shaping National Security takes a "big-picture," holistic view of DRR and national security to offer innovative ideas and solutions to professionals and officials working in disaster management, disaster risk reduction, emergency management, crisis management, civil protection, public security management, national security, criminal justice, international studies, and homeland security.
Shared Responsibility, Shared Risk: Government, Markets and Social Policy in the Twenty-First Century
The collapse of the financial markets in 2008 and the resulting 'Great Recession' merely accelerated an already worrisome trend: the shift away from an employer-based social welfare system in the United States. Since the end of World War II, a substantial percentage of the costs of social provision--most notably, unemployment insurance and health insurance--has been borne by employers rather than the state. The US has long been unique among advanced economies in this regard, but in recent years, its social contract has become so frayed that is fast becoming unrecognizable. Despite Obama's election, the burdens of social provision are falling increasingly upon individual families, and the situation is worsening because of the unemployment crisis. How can we repair the American social welfare system so that workers and families receive adequate protection and, if necessary, provision from the ravages of the market? In Shared Responsibility, Shared Risk, Jacob Hacker and Ann O'Leary have gathered a distinguished group of scholars on American social policy to address this most fundamental of problems. Collectively, they analyze how the 'privatization of risk' has increased hardships for American families and increased inequality. They also propose a series of solutions that would distribute the burdens of risks more broadly and expand the social safety net. The range of issues covered is broad: health care, homeownership, social security and aging, unemployment, wealth (as opposed to income) creation, education, and family-friendly policies. The book is also comparative, measuring US social policy against the policies of other advanced nations. Given the current crisis in America social policy and the concomitant paralysis within government, the book has the potential to make an important intervention in the current debate.
The Shareholder Rights Directive II: A Commentary (Elgar Commentaries series)
This Commentary is the first comprehensive work to analyse the revised EU Shareholder Rights Directive (SRD II). SRD II sets a new agenda for engaged shareholders and sustainable companies in the EU, sparking a wider debate on the adoption of duties in company and capital markets law. By providing a systematic and thorough framework for analysis, this Commentary evaluates the purpose and aims of SRD II and further enriches the debate on the usefulness of the EU’s drive to encourage long-term shareholder engagement. Key features include: • article-by-article analysis of each of the provisions as adopted in the revised SRD II • contribution to the ongoing discussions on shareholder rights and duties anticipated to be at the centre of debate for years to come • detailed explanation by leading scholars in the field to ensure complete understanding of each SRD II provision for the reader • exploration of the two pillars of shareholder engagement: the facilitation of shareholder rights and improved communication to bridge procedural gaps and implementation of transparency obligations applicable to companies, investors and service providers. This Commentary will be a key resource for legal practitioners, legislators, scholars and students alike, working in the fields of corporate governance, alternative dispute resolution and financial law.
Shariah Governance in Islamic Banking Institutions (Islamic Business and Finance Series)
Shariah governance assumes the primary instrument through which Islamic Banking Institutions (IBIs) ensure the Islamicity of their products, services, operations, and internal environments. It is considered to be one the fundamental elements that differentiates IBIs from their traditional counterparts. Shariah Governance in Islamic Banking Institutions provides a critical overview of the key aspects pertaining to Shariah governance within Islamic financial institutions and presents a detailed analysis of its conceptual background. The authors have identified the unique issues that have emerged due to the integration of Shariah, namely the involvement of the Shariah supervisory board (SSB), in the corporate governance arrangements of Islamic banks. These issues relate to disclosure, transparency, independency, consistency, confidentiality, competency, and reputation. The book details the doctrines of Shariah pronouncements in Islamic banks, the importance of having a central advisory board at a regulatory level in the standardization of Islamic banking practices, as well as the competence required for Shariah supervisory board members. It provides a critical analysis of the Shariah governance framework in Pakistan and introduces the authors’ vision of an ideal Shariah governance framework. Furthermore, the chapters offer guidance in promoting effective policies for improving Shariah governance. This is one of the core challenges facing Islamic banks, namely, to ensure compliance with faith and provide legitimacy to the business of IBIs, and as such, the book will appeal to both the research and professional communities.
Sharing the Costs and Benefits of Energy and Resource Activity: Legal Change and Impact on Communities
A new phase is emerging in the relationship between energy and resource activities and the communities that are affected by them. Any energy or resource project - a mine, a wind farm, a dam for hydroelectricity, or a shale gas development - will involve a mix of impacts and benefits for communities. For many years, the law has mediated impacts on communities and provided for the distribution of financial benefits. Now, there is growing awareness of the need to consider not only a wider range of costs and benefits for communities from energy and resource projects, but also the effects on communities at multiple scales and in complex ways. Sharing the costs and benefits of natural resource activity has now become a legal requirement for energy and resource projects operating in many jurisdictions, particularly in developing countries. This book uses cases studies from across the globe to examine the emergence of such legal measures, their advantages and disadvantages, and the improvements that may be feasible in the legal frameworks used to distribute the costs and benefits of energy and resources activity. The book has three parts: Part I considers general legal and conceptual frameworks; Part II addresses the mechanisms available to distribute costs and benefits; and Part III considers the role of public engagement and participation in the sharing of the costs and benefits from energy and resource projects.
Shifting Paradigms in International Investment Law: More Balanced, Less Isolated, Increasingly Diversified
International investment law is in transition. Whereas the prevailing mindset has always been the protection of the economic interests of individual investors, new developments in international investment law have brought about a paradigm shift. There is now more than ever before an interest in a more inclusive, transparent, and public regime. Shifting Paradigms in International Investment Law addresses these changes against the background of the UNCTAD framework to reform investment treaties. The book analyses how the investment treaty regime has changed and how it ought to be changing to reconcile private property interests and the state's duty to regulate in the public interest. In doing so, the volume tracks attempts in international investment law to recalibrate itself towards a more balanced, less isolated, and increasingly diversified regime. The individual chapters of this edited volume address the contents of investment agreements, the system of dispute settlement, the interrelation of investment agreements with other areas of public international law, constitutional questions, and new regional perspectives from Europe, South Africa, the Pacific Rim Region, and Latin America. Together they provide an invaluable resource for scholars, practitioners, and policymakers. The individual chapters of this edited volume address the contents of investment agreements, the system of dispute settlement, the interrelation of investment agreements with other areas of public international law, constitutional questions, and new regional perspectives from Europe, South Africa, the Pacific Rim Region, and Latin America. Together they provide an invaluable resource for scholars, practitioners, and policymakers.
The Singapore Convention on Mediation: A Commentary on the United Nations Convention on International Settlement Agreements Resulting from Mediation (Elgar Commentaries in Private International Law series)
This Commentary offers an article-by-article examination of the United Nations Convention on International Settlement Agreements Resulting from Mediation (the Singapore Convention), as well as insights into the negotiation process through which the Convention was developed. It provides deep theoretical and practical analysis of the Convention and its consequences for the promotion of mediation as a mechanism to solve commercial conflicts with a cross-border character.Key Features:A comparative approach with perspectives from five continents and a variety of legal traditionsCritical discussion of every stage from the negotiation to the conclusion of the ConventionSound proposals for the Convention’s implementation and application by States and regional organisationsContributions from a diverse group of practitioners and academics, including some who were part of the negotiation of the Singapore ConventionThe Commentary will be a crucial resource for practitioners, arbitrators and mediators involved in cross-border commercial disputes, as well as judges in this area. It will also be of interest to scholars working in international commercial law, arbitration and mediation.