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Books on the topic 'Settlement choice'

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Published: 4 June 2021

Last updated: 3 February 2022

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Irwin, Colin. The Search for a settlement: The People's choice. Belfast: Fortnight Educational Trust, 1998.

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Nasr El Din Osman Amin. Nomadism versus sedenterization: An environmental choice in western Sudan : (the case of Gerih el Sarha). [Khartoum?] Sudan: Institute of Environmental Studies, University of Khartoum, 1986.

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Zussman, Pinchas. Individual behavior and social choice in a cooperative settlement: The theory and practice of the Israeli moshav. Jerusalem: Magnes Press, Hebrew University, 1988.

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Berg, Rosemary Van den. No options no choice!: The Moore River experience : my father, Thomas Corbett, an Aboriginal half-caste. Broome, W.A: Magabala Books, 1994.

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World Bank Seminar on "Payment Systems in Financial Sector Development" (1995 : Mexico City, Mexico), ed. Clearance and settlement systems for securities: Critical design choices in emerging market economies. Washington, D.C: World Bank, 1996.

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Zusman, P. Individual Behaviour and Social Choice in a Cooperative Settlement. Magnes Press,Israel, 1989.

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Norah, Gallagher, and Shan Wenhua. 8 Settlement Of Investor–State Disputes. Oxford University Press, 2009. http://dx.doi.org/10.1093/law:iic/9780199230259.003.008.

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The dispute-resolution provisions in bilateral investment treaties (BITs) have become the “ultimate” investor protection in modern investment treaties. This chapter reviews the different types of dispute-resolution provisions of the Chinese BITs. It first looks at the choice of arbitrations made in its treaties, ICSID, ad hoc, or other arbitration rules. It then continues to review the two main types of investor-state dispute-resolution clauses in China's BITs: restrictive—where the BIT permits international arbitration of disputes on the amount of compensation for expropriation only; and more liberal or expansive—which allows access to international arbitration for all disputes between the investor and host state. It then considers a topic of particular interest right now for investors and potential investors in China: the application of the MFN clause to dispute resolution. Finally, it looks at the applicable law to dispute settlement and the requirement to exhaust domestic remedies.

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Bernard H, Oxman. 18 Courts and Tribunals: The ICJ, ITLOS, and Arbitral Tribunals. Oxford University Press, 2015. http://dx.doi.org/10.1093/law/9780198715481.003.0018.

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The settlement of disputes between States is generally not regulated by municipal law and municipal courts but by international law regulated by treaty. Because States are not subject to the jurisdiction of international tribunals absent express consent, an important function of dispute settlement clauses in treaties is to indicate whether such consent is granted and, if so, with respect to which disputes before which tribunals. This chapter discusses the following: the obligation of states to settle disputes peacefully; the duty to arbitrate or adjudicate disputes under the United Nations Convention on the Law of the Sea (LOSC); choice of forum for compulsory settlement of LOSC disputes; nature of dispute; procedural and substantive limitations on jurisdiction under Section 2 of Part XV of the LOSC; and institutional constraints on the exercise of jurisdiction.

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Campbell, McLachlan, Shore Laurence, and Weiniger Matthew. Part I Overview, 3 Dispute Resolution Provisions. Oxford University Press, 2017. http://dx.doi.org/10.1093/law/9780199676798.003.0003.

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Chapter 3 examines those aspects of dispute resolution provisions commonly found in bilateral investment treaties (BITs), with particular emphasis on four fundamental issues in the settlement of investment disputes through arbitration: (1) the clauses in investment treaties that provide for investor–State arbitration, focusing on the issue of the existence and limits of the consent to arbitrate; (2) transparency and the extent to which non-parties may be heard in the process; (3) the legal nature of the rights contained in investment treaties within the choice of law framework applicable to investment arbitration, in which both international law and host State law have a role to play; and (4) the overall approach to be taken to the interpretation of BITs under the general rule of interpretation provided in the Vienna Convention. The chapter concludes by discussing the role precedent plays in the development of investment treaty law.

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Kjeldgaard-Pedersen, Astrid. The Legal Personality of Individuals in International Claims. Oxford University Press, 2018. http://dx.doi.org/10.1093/oso/9780198820376.003.0004.

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Chapter 4 discusses international claims, that is, claims arising out of injury inflicted upon an individual by a foreign State in violation of international law. Such claims may be enforced either through diplomatic protection or by granting the injured individual himself the right to bring a case against the foreign State before an international dispute settlement body. The common idea is that claims of individuals against foreign States were solely asserted through diplomatic protection before the Second World War, whereas the right of individuals to petition international courts independently is a post-1945 phenomenon. By studying international claims practice in three historical periods (before the First World War, the interwar period, and after the Second World War), the present chapter tests this account against positive international law, and inquires whether the concept of international legal personality played a role in the contracting States’ choice of one method of dispute resolution over the other.

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Kriangsak, Kittichaisaree. The International Tribunal for the Law of the Sea. Oxford University Press, 2021. http://dx.doi.org/10.1093/law/9780198865292.001.0001.

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The International Tribunal for the Law of the Sea (ITLOS) plays a central role as a dispute settlement mechanism for the international law of the sea. This book provides a unique insight into its inner workings exploring both its limitations and its unutilized potentials. New fields such as sea-level rise and the conservation and sustainable use of marine biological diversity beyond areas of national jurisdiction play important roles in the ever-expanding scope of the law of the sea. The book charts the evolution of ITLOS and the role it continues to play in international law. It introduces the reader to the historical and legal context for the discussion of ITLOS’s place within this dispute settlement regime, as well as its relationship and interaction with the other choices of dispute settlement mechanisms. It is an invaluable resource for law students, practising lawyers, judges, government and international officials, academics, and those interested in law of the sea.

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Family law: Tax consequences, new developments and tough choices in hard cases : presented Friday, March 17, 1989, Bangor Civic Center, Bangor. [Augusta]: The Association, 1989.

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Henry G, Burnett, and Bret Louis-Alexis. Arbitration of International Mining Disputes. Oxford University Press, 2017. http://dx.doi.org/10.1093/law/9780198757641.001.0001.

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International mining disputes represent a significant and growing area of disputes over natural resources, yet the unique risks inherent in the mining industry set them apart, both in the nature of the disputes and the approach taken to resolve them. International arbitration has emerged as the mechanism of choice for the resolution of such disputes. This has given rise to a wealth of arbitral decisions from which certain principles specific to the mining sector are developing. This book brings together thorough analysis of arbitral decisions and insightful commentary on both dispute resolution and the business of mining, in order to provide a comprehensive guide to arbitration in the mining sector. Part I introduces the different parties involved in international mining projects; Part II explains the main risks and challenges involved in mining projects and how they result in different types of disputes; Part III provides practical advice for parties and counsel involved in international mining disputes, including in-depth analysis of the confidentiality issues that so often arise in connection with international mining disputes and the conditions and strategies for the settlement of these disputes; and Part IV examines the substantive principles applicable to international commercial and investor-State mining disputes.

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Abney, Keith. Robots and Space Ethics. Oxford University Press, 2017. http://dx.doi.org/10.1093/oso/9780190652951.003.0023.

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As we begin our venture into space, issues with serious ethical implications deserve heightened scrutiny: among them are protection from space debris, hazardous asteroids, and other cosmic threats; planetary protection/quarantine and other safety and risk issues; protection of astronaut health; commercial and private sector activities in space, including tourism; and terraforming, colonization, and space settlements. The presumption that these activities require human astronauts is itself worthy of serious question; whether for reasons of cost, efficiency, or moral qualms, robots may be an ethically preferable choice to engage in most or perhaps even all of these activities. This chapter examines these issues and analyzes the moral case for robots, rather than human beings, filling the roles of space explorers, developers, miners, defenders, and settlers of the final frontier.

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Gus Van, Harten, and Scott Dayna Nadine. Investment Treaties and the Internal Vetting of Regulatory Proposals. Oxford University Press, 2017. http://dx.doi.org/10.1093/law-iic/9780198809722.016.0012.

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This chapter discusses three findings of a study on whether investor–state dispute settlement (ISDS) has contributed to changes in government decision-making about environmental protection in Ontario, Canada. These findings are: (1) ISDS puts pressure on government decision-making due to the financial and political risks, the opportunity costs that ISDS creates for government, and as a consequence of the career risks that it creates for individual officials; (2) ISDS pressures may be overcome, especially where there is a strong political commitment to a proposed measure backed by legal capacity to scrutinize purported ISDS risks critically and throughout the policymaking process; (3) the assessment of trade or ISDS risks involves value choices and ISDS-generated changes to decision-making processes elevate the role of ‘trade values’ over competing values associated with health and environmental protection.

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Paul, Torremans. Part VI The Law of Property, 38 Trusts. Oxford University Press, 2017. http://dx.doi.org/10.1093/law/9780199678983.003.0038.

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This chapter examines the private international law rules governing trusts which are laid down in the Recognition of Trusts Act 1987 and its scheduled Convention. The Recognition of Trusts Act was passed in 1987 to enable the UK to give effect to the Convention, formally concluded in 1985 by the Hague Conference on Private International Law, on the Law Applicable to Trusts and on their Recognition. The chapter begins with a discussion of some preliminary issues, such as the definition of a trust, types of trust that fall within the 1987 Act, validity of the instrument of creation of the trust, and transfer of trust assets. It then considers the specific rules governing choice of law and the recognition of trusts, along with mandatory rules and public policy. It also looks at the variation of trusts and marriage settlements, citing the relevant provisions of the Variation of Trusts Act 1958.

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Colin, Edelman, and Burns Andrew. The Law of Reinsurance. 3rd ed. Oxford University Press, 2021. http://dx.doi.org/10.1093/law/9780198870937.001.0001.

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This guide to reinsurance law is an easy-to-read specialist reference focusing solely on reinsurance. Every aspect of the core and subsidiary principles of reinsurance law are covered beginning with an investigation of the definition, purpose, and types of reinsurance. Guidance is given on contractual principles and terms in the reinsurance context, obligations, rights and liabilities of the reinsurer, and the choice of law. With usability and practicality in mind, a number of aspects have been further developed in this edition. There is an increased depth of analysis in addressing ‘Follow the Settlements’, incorporation, non-disclosure, misrepresentation, and the role of good faith in reinsurance contracts. The new edition also addresses the consequences of the Insurance Act 2015 and recent cases on reinsurance arbitration—particularly the appointment of arbitrators and their duties. This book is both practical and authoritative, and is successful in isolating the key issues in reinsurance law to provide an easy and reliable reference source. It is a must-have work for all reinsurance practitioners.

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Patterson, W. B. The Final Challenges. Oxford University Press, 2018. http://dx.doi.org/10.1093/oso/9780198793700.003.0009.

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The last stages of Fuller’s life coincided with the end of the Cromwellian Protectorate and the return of the Stuart monarchy in the person of Charles I’s son, Charles II. Fuller commented on these events in printed works during the most important steps in the process. His Mixt Contemplations in Better Times proposed a comprehensive religious settlement with toleration for those who chose not to be a part of the national Church. Fuller had recently become minister of Cranford, a parish to the west of London, a living in the gift of George Berkeley, who welcomed the return of the monarchy. Fuller was recognized for his accomplishments by a D.D. degree at Cambridge and by being named a royal chaplain. Fuller died on August 16, 1661. Two hundred members of the London clergy attended his funeral. The anonymous life, which paid tribute to Fuller’s ministry and scholarship, was written by one who evidently knew him well.

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Edwards, Martin S., and Jonathan M. DiCicco. International Organizations and Preventing War. Oxford University Press, 2018. http://dx.doi.org/10.1093/acrefore/9780190846626.013.407.

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International organizations (IOs) such as the United Nations play an important role in war prevention. In theory, IOs reduce the risk of war between belligerents by improving communication, facilitating cooperation, and building confidence and trust. In practice, however, IOs’ war-preventing capacities have sparked skepticism and criticism. Recent advances in the scholarly study of the causes of war have given rise to new and promising directions in research on IOs and war prevention. These studies highlight the problems of interstate and intrastate wars, global and regional organizations, preventive diplomacy and peacekeeping, and the relationship between IOs and domestic institutions. They also offer novel insights that both complement and challenge studies of traditional concepts such as collective security. An interesting work is that of J. D. Fearon, who frames war as a bargaining process between rational states. Fearon articulates a central puzzle of international relations: since war is costly, the question that arises is why rational leaders of competing states choose to fight instead of pursuing less costly, nonviolent dispute settlements. Three general mechanisms account for rational, unitary states’ inability to identify an alternative outcome that both would prefer to war: bluffing about private information, commitment problems, and indivisibility of stakes. Despite the obvious progress in research on IOs and war prevention, there remain methodological and theoretical issues that deserve consideration for further investigation, two of which are: the interaction of domestic and international organizations, and the implications of variations in IO design.

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