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Vol 21 No 9 Sept/Oct 2016

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Goode on Commercial Law

Edited by: Ewan McKendrick
Price: £170.00

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Complex Dispute Resolution Volume 3: International Dispute Resolution

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Edited by: Carrie Menkel-Meadow

ISBN13: 9780754628040
Published: March 2012
Publisher: Ashgate Publishing Ltd
Country of Publication: UK
Format: Hardback
Price: £240.00

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This volume considers the application of dispute resolution theory and practice to international conflicts and explores the uses of formal processes such as diplomacy or treaty formation, as well as more informal processes such as multiple-track private negotiations or peace workshops. The volume also presents materials on more innovative forms of complex transnational or sub-national conflict resolution, such as transitional and restorative justice institutions and processes, both formal (truth and reconciliation commissions) and indigenous and informal (Rwandan gacaca).

The articles are selected from both public and private international law settings and query whether universal principles of multi-national dispute resolution are possible or whether each conflict is likely to be sui generis or requiring deep contextual analysis and integrity. They also explore the dialogic, as well as dialectical, relationships in the development of conflict resolution theory and practice in multi-cultural and multi-disciplinary settings and show that the application of dispute resolution theories from multiple sources and cultures (both Western and Eastern, as well as Northern and Southern) to multiple sites of conflicts (including courts, tribunals and other forms of dispute resolution at different levels and from multiple jurisdictions) raises important dilemmas of universalism and particularism in international conflict resolution.

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Arbitration and Dispute Resolution
Part I Introduction: Process, parties and formality and informality in international dispute resolution processes, Carrie Menkel-Meadow.
Part II Formal Dispute Resolution Processes: Negotiation, Mediation, Arbitration, Adjudication: Public and private international dispute resolution, Andrea Kupfer Schneider
Correspondences and contradictions in international and domestic conflict resolution: lessons from general theory and varied contexts, Carrie Menkel-Meadow
Diplomacy and domestic politics: the logic of two level games in double-edge diplomacy: international bargaining and domestic politics, Robert Putnam
Special barrier # 2: culture, Jeswald W. Salacuse
Two paths to peace: contrasting George Mitchell in Northern Ireland with Richard Holbrooke in Bosnia-Herzegovina, Daniel Curran, James K. Sebenius and Michael Watkins
The timing of peace initiatives: hurting stalemates and ripe moments, William Zartman
Cultivating peace: a practitioner's view of deadly conflict and negotiation, John Paul Lederach
Merchants of law as moral entrepreneurs: constructing international justice out of the competition for transnational business disputes, Yves Dezalay and Bryant Garth
Getting along: the evolution of dispute resolution regimes in international trade organizations, Andrea Kupfer Schneider.
Part III New Processes: Institutions, Informal and Hybrid Dispute Processes: The problem solving workshop in conflict resolution, Howard Kelman
Adjudicating in anarchy: an expressive theory of international dispute resolution, Tom Ginsburg and Richard McAdams
Restorative justice: what is it and does it work?, Carrie Menkel-Meadow
Accountability for atrocities: moving forward by moving backward, Jane Stromseth, David Wippman and Rosa Brooks
From Nuremberg, John Hagan
Rwandan Gacaca: an experiment in transitional justice, Maya Goldstein Bolocan. Part IV Issues in New Forms of International and Transitional Dispute Resolution: Current illusions and delusions about conflict management – in Africa and elsewhere, Laura Nader and Elisabetta Grande
Between dialogue and decree: international review of national courts, Robert B. Ahdieh
Excerpt from Judging the Judges: Judging Ourselves, David Dyzanhaus
Are there systemic ethics issues in dispute system design? And what we should [not] do about it: lessons from international and domestic fronts, Carrie Menkel-Meadow
Remembrance of things past? The relationship of the past to the future in pursuing justice in mediation, Carrie Menkel-Meadow
Is alternative dispute resolution consistent with the rule of law? Lessons from abroad, Jean Sternlight. Part V Conclusions and Coda, Carrie Menkel-Meadow
Name index.