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Vol 21 No 10 Oct/Nov 2016

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Criminal Injuries Compensation Claims

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Arbitrating for Peace: How Arbitration Made A Difference


ISBN13: 9789041159540
Published: October 2016
Publisher: Kluwer Law International
Country of Publication: The Netherlands
Format: Hardback
Price: £154.00



In stock.

Arbitrating for Peace: How Arbitration Made a Difference focuses on the geopolitical role played by international arbitration over the centuries.

The book convincingly demonstrates how international arbitration has made a difference and contributed to peaceful resolution of conflicts. Although short of attaining the ideal of a ‘substitute for war’, arbitration has largely succeeded in peacefully resolving international disputes.

Beyond that, arbitral commitments and arbitral processes have deepened civilized and cooperative international relations, promoted the development of international law and international institutions, and facilitated the well-being of mankind in important ways. Particulars of that proposition are set forth in this one-of-a-kind book.

What’s in this book:-

With a chapter devoted to each of the twelve landmark international arbitration cases – primarily state-to-state but also including commercial disputes with geopolitical dimensions – this book shows how arbitration has resolved disputes in such circumstances as the following:-

  • potential escalation of armed conflict;
  • investor-state relations;
  • maritime boundaries and fishing rights;
  • expropriation of foreign companies;
  • interpretation of bilateral investment treaties;
  • civil engineering projects;
  • mining rights;
  • acquisition of foreign territory;
  • environmental issues;
  • migrants’ access and protection; and
  • corruption of courts.

Each chapter is written by a practitioner and/or academic of high international standing. The project was initiated by the Stockholm Chamber of Commerce, which celebrates its centennial in 2017 coinciding with the publication of this book.

How this will help you:-

International arbitration is treated either in niche publications, written in a legalese terminology and aimed at lawyers with a special interest, or in a very general way in popular publications. This book bridges this gap by placing arbitration in a wider historical context, thereby making the subject more accessible beyond the narrow circle of specialists without losing its legal relevance.

By focusing on landmark cases, the book contributes to a continued dynamic development of dispute resolution in complicated or sensitive geopolitical contexts and demonstrates how arbitration has and can continue to play an important role for this purpose. Practitioners, political decision-makers and academics in any part of the world with an interest in international arbitration and international law or political history will find this book not only deeply informative but also immensely useful.

Subjects:
Public International Law, Arbitration and Dispute Resolution
Contents:
Editors
Contributors
Foreword
Preface
Chapter 1 A Brief and Selective History of International Arbitration
Stephen M. Schwebel
Chapter 2 The Alabama Claims Arbitration: Statecraft and Stagecraft
Jan Paulsson
Chapter 3 The Asser Arbitration
Sabine Konrad
Chapter 4 Arbitrating Russian Concession Contracts: The Lena Goldfields Case
Sergei Lebedev & Natalia G. Doronina
Chapter 5 The Trail Smelter Dispute
Andrea J. Menaker
Chapter 6 The Rann of Kutch Arbitration
Robert G. Volterra
Chapter 7 The Iran-United States Claims Tribunal: A Unique Example of Arbitrating for Peace
Karl-Heinz Böckstiegel
Chapter 8 The Legacy of the Aminoil Award
Ahmed S. El-Kosheri
Chapter 9 Arbitrating in Stockholm during the Cold War: The US Embassy in Moscow
Kaj Hobér
Chapter 10 Arbitrating for Peace in the Middle East: The Taba Award
David W. Rivkin
Chapter 11 The Rainbow Warrior Affair: Thirty Years After
Anna Joubin-Bret
Chapter 12 The Brcko Arbitration
R. Jade Harry
Chapter 13 Asian Agricultural Products Limited versus Sri Lanka: Twenty-five Years Later
Meg Kinnear & Francisco Grob
Chapter 14 RosUkrEnergo versus Naftogaz of Ukraine
Johan Sidklev
Chapter 15 The Abyei Arbitration: A Model for Peaceful Resolution of Disputes Involving Non-state Actors
Wendy Miles
Index