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This rich volume is an homage to the significant impact Professor Siegfried Wiessner has had on scholarship and practice in many areas of international law. It is also a collection of thought-provoking, original essays, exploring topics as diverse as theory about law, human rights, the rights of indigenous peoples, the rule of law, constitutional law, the rights of migrants, international investment law and arbitration, space law, the use of force, and many more - all integrated by the problem and policy-oriented framework of what has come to be known as the New Haven School.
A discussion of how law is an integral and indispensable part of every social interaction. Interweaving numerous real-life examples with a review of the scientific literature of many disciplines, Michael Reisman shows the extent to which microlegal systems function in our own lives.
Domestic lawyers are, above all, officers of the court. By contrast, the public international lawyer representing states before international tribunals is torn between loyalties to the state and loyalties to international law. As the stakes increase for the state concerned, the tension between these loyalties can become acute and lead to practices that would be condemned in developed national legal systems but have hitherto been ignored by international tribunals in international legal scholarship. They are the 'dirty stories' of international law. This detailed and contextually sensitive presentation of eight important cases before a variety of public international tribunals dissects some of the reasons for the resort to fraudulent evidence in international litigation and the profession's baffling reaction. Fraudulent evidence is resorted to out of greed, moral mediocrity or inherent dishonesty. In public international litigation, by contrast, the reasons are often more complex, with roots in the dynamics of international politics.
From the Nuremberg trials to the grisly campaign of "ethnic cleansing" in today''s Bosnia, the world recognizes that certain actions are morally and legally unacceptable even in the midst of war. This book features extensive excerpts from treaties and charters that define the proper treatment of civilians, detainees, and POWs during wartime.
"This book is good reading and thought-provoking. It could well change some minds and could make a real difference to litigators and arbitrators."--M. W. Janis, University of Connecticut, School of Law
The book is a compilation which includes the major statutes affecting international commercial arbitration law.
Tracks every phase of the international commercial arbitral process, including designing arbitration agreements, jurisdictional issues, policies with respect to arbitrability, choosing arbitrators, arbitral proceedings, professional ethics of arbitrators and counsel, conflicts of interest, control mechanisms, and enforcement of awards.
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