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Published: 25 May 2024

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1

1947-, Hoffman David A., Doran Charles P, Manwaring Melissa M, and Massachusetts Continuing Legal Education, Inc. (1982- ), eds. Negotiation: Reaching agreement on your terms : better settlements or agreements for your client. [Boston, Mass.]: MCLE, 2006.

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2

United States. Congress. Senate. Committee on Veterans' Affairs. and United States. Congress. House. Committee on Veterans' Affairs., eds. Explanatory materials on the compromise agreement on S. 999, the veterans' employment, training, and counseling amendments of 1987. Washington: U.S. G.P.O., 1988.

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3

Peters, Ralf. Shifting sands: Searching for a compromise in the WTO negotiations on agriculture. New York: United Nations, 2004.

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4

United States. Congress. House. Committee on Veterans' Affairs. and United States. Congress. Senate. Committee on Veterans' Affairs., eds. Explanatory materials on the compromise agreement on H.R. 5299, the "Veterans' Benefits Improvement and Health-Care Authorization Act of 1986": (Public Law 99-576; October 28, 1986). Washington: U.S. G.P.O., 1987.

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5

Faiella, Chris. Personal injury settlement agreements line by line: A detailed look at personal injury settlement agreements and how to change them to meet your clients' needs. United States]: Aspatore, 2014.

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6

United States. Congress. Joint Committee on Taxation, ed. Overview of present law relating to the innocent spouse, offers-in-compromise, installment agreement, and taxpayer advocate provisions of the Internal Revenue Code: Scheduled for a public hearing before the Senate Committee on Finance on April 5, 2001. [Washington, D.C: Joint Committee on Taxation, 2001.

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7

Luis Martínez Vázquez de Castro. La cláusula compromisoria en el arbitraje civil. 2nd ed. Madrid, España: Civitas, 1991.

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8

B, Lillich Richard, Lillich Richard B, and Bederman David J, eds. International claims: Their settlement by lump sum agreements, 1975-1995. Ardsley, N.Y: Transnational Publishers, 1999.

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9

Japan at the Crossroads: Conflict and Compromise after Anpo. Harvard University Press, 2018.

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10

Britain, Great. Compromise Agreements (Description of Person) Order 2005. Stationery Office, The, 2005.

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11

Britain, Great. Compromise Agreements (Description of Person) Order 2004. Stationery Office, The, 2004.

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12

Gabrielle, Kaufmann-Kohler, and Rigozzi Antonio. 3 The Arbitration Agreement. Oxford University Press, 2015. http://dx.doi.org/10.1093/law/9780199679751.003.0003.

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This chapter discusses the notion, content, and effects of the arbitration agreement, defined as an agreement to submit to arbitration all or certain disputes that have arisen or may arise between the parties in respect of a defined legal relationship, whether contractual or not, which may be in the form of a clause in a contract or of a separate ‘submission agreement’ (compromis arbitral). The chapter examines the principle of separability and the requirements for the validity of the arbitration agreement, namely arbitrability, written form, and substantive validity, including the agreement’s formation, interpretation, extension to third parties, and termination. Finally, it discusses to what extent defects of the arbitration agreement can be remedied by conduct.

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13

Britain, Great. Compromise Agreements (Description of Person) (Automatic Enrolment) Order 2012. Stationery Office, The, 2012.

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14

Sime, Stuart. 10. Alternative Dispute Resolution. Oxford University Press, 2018. http://dx.doi.org/10.1093/he/9780198823100.003.1145.

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Alternative dispute resolution (ADR), particularly mediation, plays a key role in reducing the costs of civil disputes by fomenting the early settlement of cases. This chapter discusses ADR processes; advantages or disadvantages of ADR and litigation; the cost of ADR; reference to ADR; and court involvement in ADR. Adjudicative ADR results in the third party neutral deciding the dispute or difference between the parties. Non-adjudicative ADR processes involve moving the parties towards reaching a compromise agreement between themselves. Rules of court require parties to consider using ADR. Sanctions may be imposed on parties who act unreasonably.

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15

Sime, Stuart. 10. Alternative dispute resolution. Oxford University Press, 2017. http://dx.doi.org/10.1093/he/9780198787570.003.1145.

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Alternative dispute resolution (ADR), particularly mediation, plays a key role in reducing the costs of civil disputes by fomenting the early settlement of cases. This chapter discusses ADR processes; advantages or disadvantages of ADR and litigation; the cost of ADR; reference to ADR; and court involvement in ADR. Adjudicative ADR results in the third party neutral deciding the dispute or difference between the parties. Non-adjudicative ADR processes involve moving the parties towards reaching a compromise agreement between themselves. Rules of court require parties to consider using ADR. Sanctions may be imposed on parties who act unreasonably.

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16

Sime, Stuart. 10. Alternative dispute resolution. Oxford University Press, 2016. http://dx.doi.org/10.1093/he/9780198747673.003.1145.

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Alternative dispute resolution (ADR), particularly mediation, plays a key role in reducing the costs of civil disputes by fomenting the early settlement of cases. This chapter discusses ADR processes; advantages or disadvantages of ADR and litigation; the cost of ADR; reference to ADR; and court involvement in ADR. Adjudicative ADR results in the third party neutral deciding the dispute or difference between the parties. Non-adjudicative ADR processes involve moving the parties towards reaching a compromise agreement between themselves. Rules of court require parties to consider using ADR. Sanctions may be imposed on parties who act unreasonably.

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17

Berka, Walter. CETA, TTIP, TiSA, and Data Protection. Oxford University Press, 2017. http://dx.doi.org/10.1093/oso/9780198808893.003.0007.

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Trade agreements cannot avoid dealing with digital services and data sharing. In the cases of TTIP, CETA, and TiSA, different concepts of data protection collide and it is the fear of the European side that the EU’s acquis on data privacy could get compromised through the liberalization of data flows. This chapter analyses the possible impact of these agreements on data protection. It refers to the European Parliament’s call to include a horizontal self-standing clause in TTIP to exclude the current and future EU data protection legislation from being traded in TTIP, a claim which is based on Article XIV of the GATS. In dealing with these issues, it will be considered further that the EU and the US are discussing data transfers and data protection in other fora as well, namely on the tracks of the new Safe Harbor Agreement and the Data Protection Umbrella Agreement.

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18

Bennett, Steven C., and Chris J. Lopata. Commercial Settlement Agreements Line by Line: A Detailed Look at Commercial Settlement Agreements and How to Change Them to Meet Your Clients' Needs. Thomson Reuters Westlaw, 2012.

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19

Britain, Great. Compromise Agreements (Description of Person) Order 2004 (Amendment) Order 2004. Stationery Office, The, 2004.

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20

Moore, William F., and Jane Ann Moore. Traversing Uneven Political Ground, 1855. University of Illinois Press, 2017. http://dx.doi.org/10.5406/illinois/9780252038464.003.0003.

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This chapter examines how Abraham Lincoln and Owen Lovejoy traversed an uneven political ground in 1855 to move their respective positions on slavery into almost perfect alignment. It first provides an overview of Lincoln and Lovejoy's political grounding before discussing the political agreement that would allow Lincoln to advance his candidacy for the U.S. Senate and for Lovejoy to find a venue to correct some intentional mischaracterizations of the early Republican Party in Illinois. It also considers the two men's speeches in which they both regarded the repeal of the Missouri Compromise as a big mistake; their contradictory perceptions of the abolitionists; and their disagreement over the 1850 Fugitive Slave Act. The chapter concludes with an assessment of the cautious approach taken by Lovejoy and others in uniting various antislavery groups.

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21

Larissa, Silverentand, Sprecher Jasha, and Simons Lisette. Part II Investment Firms and Investment Services, 8 Inducements. Oxford University Press, 2017. http://dx.doi.org/10.1093/law/9780198767671.003.0008.

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This chapter discusses the MiFID II inducement rules. During the negotiations on MiFID II, it became clear that inducements were a topic on which there was no easy agreement between the Member States. While certain Member States pressed for a total ban on inducements, others were unwilling to impose such strict rules. The political compromise allowed for deviating rules by those Member States requesting stricter rules. This may seem counter to the European legislator’s general approach to limit Member State options by creating ‘single rulebooks’ and greater regulation. The authors express disappointment that, on such an important topic, the European market will continue to have deviating rules per Member State. The Dutch legislator has already indicated that it will make use of this; according to the authors, other Member States where stricter rules apply may do likewise, leaving an un-level playing field for investment firms regarding the use of inducements.

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22

Bem, Kazimierz, and Maciej Ptaszynski. Searching for Compromise?: Interreligious Dialogue, Agreements, and Toleration in 16th-18th Century Eastern Europe. Brill, 2022.

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23

Green, Eric. Accountant's Guide to Resolving Tax Debts: Offers-In-Compromise, Installment Agreements and Uncollectible Status - 2nd Edition. Indy Pub, 2019.

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24

Stahn, Carsten, and Jens Iverson, eds. Just Peace After Conflict. Oxford University Press, 2020. http://dx.doi.org/10.1093/oso/9780198823285.001.0001.

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The interplay between peace and justice plays an important role in almost any contemporary conflict. Peace and conflict studies have generally devoted more attention to conflict than to peace. Peace is often described in adjectives, such as negative/positive peace, liberal peace or democratic peace. But what elements make a peace just? Just war theory, peacebuilding, or transitional justice provide different perspectives on the dialectic relation between peace and justice and the methods of establishing peace after conflict. Experiences such as the Colombian peace process show that peace is increasingly judicialized. This volume analyses some of the situational, normative, and relational elements of peace in processes of transition. It explores six core themes: conceptual approaches towards just peace, macro-principles, the nexus to security and stability, protection of persons and public goods, rule of law and economic reform and accountability. It engages with understudied issues, such as the pros and cons of robust UN mandates, the link between environment protection and indigenous peoples, the treatment of illegal settlements, the feasibility of vetting practices or the protection labour rights in post-conflict economies. It argues that just peace requires only not negotiation, agreement and compromise (e.g., moderation), but contextual understandings of law, multiple dimensions of justice and strategies of prevention. It complements the two earlier volumes on the legal contours of jus post bellum, namely Just Post Bellum: Mapping the Normative Foundations (2014) and Environmental Protection and Transitions from Conflict to Peace: Clarifying Norms, Principles and Practices (2017).

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25

Gray, Andrew C. Orthopaedic approach to the multiply injured patient. Oxford University Press, 2011. http://dx.doi.org/10.1093/med/9780199550647.003.012003.

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♦ Major trauma results in a systemic stress response proportional to both the degree of initial injury (1st hit) and the subsequent surgical treatment (2nd hit).♦ The key physiological processes of hypoxia, hypovolaemia, metabolic acidosis, fat embolism, coagulation and inflammation operate in synergy during the days after injury/surgery and their effective management determines prognosis.♦ The optimal timing and method of long bone fracture fixation after major trauma remains controversial. Two divergent views exist between definitive early intramedullary fixation and initial external fixation with delayed conversion to an intramedullary nail once the patient’s condition has been better stabilised.♦ There is agreement that the initial skeletal stabilisation should not be delayed and that the degree of initial injury has a more direct correlation with outcome and the development of subsequent systemic complications rather than the method of long bone fracture stabilisation.♦ Trauma patients can be screened to identify those more ‘at risk’ of developing systemic complications such as respiratory insufficiency. Specific risk factors include: A high injury severity score; the presence of a femoral fracture; the combination of blunt abdominal or thoracic injury combined with an extremity fracture; physiological compromise on admission and uncorrected metabolic acidosis prior to surgery.♦ The serum concentration of pro-inflammatory cytokine interleukin (IL) 6 may offer an accurate method of quantifying the degree of initial injury and the response to surgery.♦ The effective management of the polytraumatised patient involves a team approach and effective communication with allied specialties and theatre staff. A proper hierarchy of the injuries sustained can then be compiled and an effective surgical strategy made.

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26

HP, Lee. 1 Constitutional History and Political Developments. Oxford University Press, 2017. http://dx.doi.org/10.1093/law/9780198755999.003.0002.

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This chapter discusses the constitutional history and political developments in Malaysia. An independent Federation of Malaya began on 31 August 1957. Though described as a ‘federal’ Constitution of an ‘orthodox’ nature, the chequered history of the birth of the then Malayan Constitution indicated that the negotiations were concerned not with the distribution of federal and State powers, but rather with the tortuous hammering out of acceptable terms and compromises among the various racial components of the Malaysian society, especially on matters of communal interests. The chapter covers establishment of the Malayan Union; the Federation of Malaya Agreement of 1948; creation of the independent Constitutional Commission under the chairmanship of Lord Reid; formation of Malaysia; the separation of Singapore from Malaysia; the 1966 Sarawak crisis; the 1983 and 1993 constitutional crises; the 1988 judiciary crisis; 1988 constitutional amendments; the Anwar Ibrahim saga and rise of Reformasi; and the 2009 general elections.

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27

Bergman, Torbjörn, Gabriella Ilonszki, and Wolfgang C. Müller, eds. Coalition Governance in Central Eastern Europe. Oxford University Press, 2019. http://dx.doi.org/10.1093/oso/9780198844372.001.0001.

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Coalitions among political parties govern most of Europe’s parliamentary democracies. Traditionally, the study of coalition politics has been focused on Western Europe. Coalition governance in Central Eastern Europe brings the study of the full coalition life-cycle to a region that has undergone tremendous political transformation, but which has not been studied from this perspective. The volume covers Bulgaria, Estonia, the Czech Republic, Latvia, Lithuania, Hungary, Poland, Romania, Slovakia, and Slovenia. It provides information and analyses of the cycle, from pre-electoral alliances to coalition formation and portfolio distribution, governing in coalitions, the stages that eventually lead to a government termination, and the electoral performance of coalition parties. In Central Eastern Europe, few single-party cabinets form and there have been only a few early elections. The evidence provided shows that coalition partners in the region write formal agreements (coalition agreements) to an extent that is similar to the patterns that we find in Western Europe, but also that they adhere less closely to these contracts. While the research on Western Europe tends to stress that coalition partners emphasize coalition compromise and mutual supervision, there is more evidence of ‘ministerial government’ by individual ministers and ministries. There are also a few coalition governance systems that are heavily dominated by the prime minister. No previous study has covered the full coalition life-cycle in all of the ten countries with as much detail. Systematic information is presented in 10 figures and in more than one hundred tables.

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28

Nachiappan, Karthik. Does India Negotiate? Oxford University Press, 2019. http://dx.doi.org/10.1093/oso/9780199496686.001.0001.

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As a key state in the international system, India’s positions and contributions on issues like climate change, global health, humanitarian crises, and nuclear disarmament significantly affect how these issues are addressed. Scholarly work mapping India’s multilateral behaviour has extended from covering the United Nations to a wide range of fora where India is seeking to shape issues that affect its security and development. Yet, the literature on Indian multilateralism lags, focusing disproportionately on India’s ostensibly obstructionist tendencies without adequately contextualizing why India behaves this way. There has been no serious exploration of how India concretely negotiates multilateral issues. In this book, Karthik Nachiappan investigates how India negotiates international rules covering issues like climate change, nuclear disarmament, tobacco control and international trade. By unpacking these negotiations, he shows that India’s multilateral persona is more nuanced than is generally understood. When interests converge, Indian negotiators are willing to shape and ratify international agreements, conceding when necessary to cut deals and make compromises.

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29

David Joseph, Attard, Fitzmaurice Malgosia, and Ntovas Alexandros XM, eds. The IMLI Treatise On Global Ocean Governance. Oxford University Press, 2018. http://dx.doi.org/10.1093/law/9780198823964.001.0001.

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In 1994, a long-debated compromise on the issue of seabed mining became the starting pistol for the development of modern ocean law and its complex interrelations. Now, over twenty years later, the framework set by such agreements as the 1982 United Nations Convention on the Law of the Sea (UNCLOS) has been expanded to cover contemporary concerns of environmental sustainability, economic development, social justice, human rights, security, marine pollution, and even the challenges of climate change. Yet the journey is not smooth. This book forms part of a three-volume series that looks to examine the more successful ocean law schemes and the less effective, and presses the need for change, as scientific and technological innovation, the surge in human population, and pressing moral concerns open new spaces for ocean law. In the second volume in the series, autonomous organisations working under the auspices of the UN are the target, from the World Intellectual Property Organization to the United Nations Office on Drugs and Crime: are they ensuring sustainable development, are efforts adequately administrated, and how much co-ordination is there between different legal bodies?

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30

Becker, Ulrich, and Anastasia Poulou, eds. European Welfare State Constitutions after the Financial Crisis. Oxford University Press, 2020. http://dx.doi.org/10.1093/oso/9780198851776.001.0001.

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At a time when Europe is in the grip of a new crisis, it is especially useful to look back at the experiences of the European welfare states’ constitutions during the most recent financial crisis. This book provides unique insights by analysing social protection reforms undertaken in nine European countries, from both a social law and a constitutional law perspective. It highlights the mixture of short-term cuts in benefits and of structural changes in social protection schemes. The crisis might have helped to further the partial and temporary implementation of reforms, but it certainly cannot spare us from the debates and political compromises that are unavoidable in order to reform social protection thoughtfully and thoroughly. Moreover, the book records the outcome of relevant constitutional review proceedings and thereby demonstrates that, even if corrections remained restricted to relatively few cases, social rights matter. The financial crisis advanced their protection one step further, but left many questions open. One lesson is of paramount importance, also for helping us overcome the current pandemic crisis: we need a substantial and commonly accepted agreement in the Europe Union on how to balance the economy and social protection in the future.

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31

Bion, Julian, and Anna Dennis. ICU admission and discharge criteria. Oxford University Press, 2016. http://dx.doi.org/10.1093/med/9780199600830.003.0020.

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The decision to admit patients to intensive care or discharge them, is a daily task for intensivists, a life-changing event for patients and families, and a major strategic issue for health care systems worldwide. Decisions must often be made rapidly, in conditions of uncertainty, involving substituted judgements about relative risks and benefits, framed by sociocultural factors that are not well characterized. The outcomes are strongly influenced by available resources, staffing, and skills throughout the patient pathway. The decision to admit should be based on the severity of illness, chronic health and physiological reserve, and therapeutic susceptibility, informed by the patient’s wishes. Discharge decisions are equally complex and involve balancing the needs of individual patients against those of society. Scoring systems and guidelines can aid decision making. The process involves collaboration between intensivist, referring team, patient, and family. The provision of futile care is usually driven by family expectations and lack of agreement among the treating team. Discussions involve value judgements. Effective admission and discharge processes will minimize avoidable morbidity, mortality, and readmissions, and maximize family and patient satisfaction, and cost-efficacy. However, reaching the most effective level of practice involves balances and compromises. Experienced clinical judgement remains a key element in defining suitability of individual patients for ICU admission and discharge.

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32

Strauss, Michael J. The Leasing of Guantanamo Bay. Praeger Security International, 2009. http://dx.doi.org/10.5040/9798400677946.

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Post-2002 events at the U.S. naval facility at Guantanamo Bay have generated a spate of books on its use as a detention center in the U.S. fight against terrorism. Yet the crucial enabling factor-the lease that gave the U.S. control over the territory in Cuba-has till now escaped any but cursory consideration. The Leasing of Guantanamo Bay explains just how Guantanamo Bay came to be a leased territory where the U.S. has no sovereignty and Cuba has no jurisdiction. This is the first definitive account of the details and workings of the unusual and problematic state-to-state leasing arrangement that is the essential but murky foundation for all the ongoing controversies about Guantanamo Bay's role in U.S. anti-terrorism efforts, charges of U.S. human rights violations, and U.S.-Cuban relations. The Leasing of Guantanamo Bay provides an overview of territorial leasing between states and shows how it challenges, compromises, and complicates established notions of sovereignty and jurisdiction. Strauss unfolds the history of the Guantanamo Bay, recounting how the U.S. has deviated widely from the original terms of the lease yet never been legally challenged by Cuba, owing to the strong state-weak state dynamics. The lease is a hodge-podge of three U.S.-Cuba agreements full of discrepancies and uncorrected errors. Cuba's failure to cash the annual rent checks of the U.S. has legal implications not only for the future of Guantanamo Bay but of the Westphalian system of states. Compiled for the first time in one place are the verbatim texts of all the key documents relevant to the Guantanamo Bay lease-including treaties and other agreements, a previously unpublished U.N. legal assessment, and once-classified government correspondence.

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33

Young, Alasdair R. Supplying Compliance with Trade Rules. Oxford University Press, 2021. http://dx.doi.org/10.1093/oso/9780192845610.001.0001.

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Trade agreements have become politicized because of public concerns that trade rules constrain regulatory decisions. How much international obligations constrain state behavior, however, is contested in the International Relations literature. This book seeks to explain whether, why, and how jurisdictions comply with inconvenient international obligations. It does so through detailed process tracing of European Union policies found incompatible with World Trade Organization rules: its ban on hormone-treated beef, its banana trade regime, its moratorium on the approval of genetically modified crops, its sugar export subsidies, and its anti-dumping duties on bed linen from India. It uses the adverse rulings as the “treatment” in a “natural experiment,” contrasting the policy-relevant politics before and after each ruling. The case studies are supplemented by a qualitative comparative analysis of all EU policies found to contravene WTO rules that had to be changed by the end of 2019. The book contributes to debates on the impact of international institutions, on the effectiveness of the WTO, and on the nature of the EU as an international actor. It argues that the preferences of policy makers (the “supply” of policy change) matter more than demands from societal actors in determining whether compliance occurs. It also argues that while policy change in response to adverse WTO rulings is the norm (good news for trade), WTO members do resist obligations that would compromise cherished policy objectives (good news for legitimacy). This volume contends that the EU’s compliance performance is like that of most WTO members; it is not a unique international actor.

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34

Lema Vélez, Luisa Fernanda, Daniel Hermelin, María Margarita Fontecha, and Dunia H. Urrego. Climate Change Communication in Colombia. Oxford University Press, 2017. http://dx.doi.org/10.1093/acrefore/9780190228620.013.598.

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Colombia is in a privileged position to take advantage of international climate agreements to finance sustainable development initiatives. The country is a signatory of the United Nations Framework Convention on Climate Change (UNFCCC), the Kyoto Protocol, and the Paris Agreements. As a non-Annex I party to the UNFCCC, Colombia produces low emissions in relation to global numbers (0.46% of total global emissions for 2010) and exhibits biogeographical conditions that are ideal for mitigation of climate change through greenhouse gas sequestration and emission reductions. Simultaneously, recent extreme climatic events have harshly compromised the country’s economy, making Colombia’s vulnerability to climate change evident.While these conditions should justify a strong approach to climate change communication that motivates decision making and leads to mitigation and adaptation, the majority of sectors still fall short of effectively communicating their climate change messages. Official information about climate change is often too technical and rarely includes a call for action. However, a few exceptions exist, including environmental education materials for children and a noteworthy recent strategy to deliver the Third Communication to the UNFCCC in a form that is more palatable to the general public. Despite strong research on climate change, particularly related to agricultural, environmental, and earth sciences, academic products are rarely communicated in a way that is easily understood by decision makers and has a clear impact on public policy. Messages from the mass media frequently confuse rather than inform the public. For instance, television news refers to weather-related disasters, climate variability, and climate change indiscriminately. This shapes an erroneous idea of climate change among the public and weakens the effectiveness of communications on the issue.The authors contrast the practices of these sectors with those of nongovernmental organizations (NGOs) working in Colombia to show how they address the specific climate communication needs facing the country. These NGOs directly face the challenge of working with diverse population groups in this multicultural, multiethnic, and megadiverse country. NGOs customize languages, channels, and messages for different audiences and contexts, with the ultimate goal of building capacity in local communities, influencing policymakers, and sensitizing the private sector. Strategies that result from the work of interdisciplinary groups, involve feedback from the audiences, and incorporate adaptive management have proven to be particularly effective.

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