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Battles over knowledge, authority, and power are often fought when two different fields address the same issues. This book takes an important step towards showing how quite different fields, law and linguistics, can work together effectively in trademark cases. After presenting the basics of each field, readers are shown how linguistics was used in ten trademark lawsuits, five of which had opposing linguists on each side. Finally, helpful suggestions are given to both linguists and lawyers.
Language pervades everything we do as social beings. It is, in fact, difficult to disentangle language from social life, and hence its importance is often missed. The emergence of new communication technologies makes this even more striking. People come to "know" one another through these interactions without ever having met face-to-face. How? Through the words they use and the way they use them. The Oxford Handbook of Language and Social Psychology is a unique and innovative compilation of research that lies at the intersection of language and social psychology. Language is viewed as a social activity, and to understand this complex human activity requires a consideration of its social psychological underpinnings. Moreover, as a social activity, the use and in fact the existence of language has implications for a host of traditional social psychological processes. Hence, there is a reciprocal relationship between language and social psychology, and it is this reciprocal relationship that defines the essence of this handbook. The handbook is divided into six sections. The first two sections focus on the social underpinnings of language, that is, the social coordination required to use language, as well as the manner in which language and broad social dimensions such as culture mutually constitute one another. The next two sections consider the implications of language for a host of traditional social psychological topics, including both intraindividual (e.g., attribution) and interindividual (e.g., intergroup relations) processes. The fifth section examines the role of language in the creation of meaning, and the final section includes chapters documenting the importance of the language-social psychology interface for a number of applied areas.
Linguists and lawyers from a range of countries and legal systems explore the language of the law and its participants, beginning with the role of the forensic linguist in legal proceedings, either as expert witness or in legal language reform. Subsequent chapters analyze different aspects of language and interaction in the chain of events from a police emergency call through the police interview context and into the courtroom, as well as appeal court and alternative routes to justice. A broad-based, coherent introduction to the discourse of language and law.
The volume offers an assessment of the interactions between diplomatic and judicial means of settling international disputes in selected areas: territorial questions, international criminal law, international trade law, investment arbitration and human rights. It includes contributions from some of the world's leading academics and practitioners.
The contributions in this book cover a wide range of topics within modern disputeresolution, which can be summarised as follows: harmonisation, enforcement andalternative dispute resolution. In particular, it looks into the impact of harmonisedEU law on national rules of civil procedure and addresses the lack of harmonisationin the US regarding the recognition and enforcement of foreign judgments. Furthermore,the law on enforcement is examined, not only by focusing on US law, but also onhow to attach assets in order to enforce a judgment. Finally, it addresses certain typesof alternative dispute resolution. In addition, the book looks into the systems andcultures of dispute resolution in several regions of the world, such as the EU, the US andChina, that have a high impact on globalisation. Hence, the book is diverse in the senseof dealing with multiple issues in the field of modern dispute resolution./div The book offers explorations of the impact of international rules and EU law on domesticcivil procedure, through case studies from, among others, the US, China, Belgium andthe Netherlands. The relevance of EU law for the national debate and its impact on theregulation of civil procedure is also considered. Furthermore, several contributions discussthe necessity and possibility of harmonisation in the emergency arbitrator mechanisms inthe EU. The harmonisation of private international law rules within the EU, particularlythose of a procedural nature, is juxtaposed to the lack thereof in the US. Also, the bookoffers an overview of the current dispute settlement mechanisms in China. The publication is primarily meant for legal academics in private international law andcivil procedure. It will also prove useful to practitioners regularly engaged in cross-borderdispute resolution and will be of added value to advanced students, as well as to those withan interest in international litigation and more generally in the area of dispute resolution. Vesna Lazić is Senior Researcher at the T.M.C. Asser Institute, Associate Professor ofPrivate Law at Utrecht University and Professor of European Civil Procedure at theUniversity of Rijeka. Steven Stuij is an expert in Private International Law and a PhD Candidate/GuestResearcher at the Erasmus School of Law, Rotterdam. Ton Jongbloed is Guest Editor on this volume./div
A guide to the techniques and institutions used to solve international disputes, how they work and when they are used. This textbook looks at diplomatic (negotiation, mediation, inquiry and conciliation) and legal methods (arbitration, judicial settlement). It uses many, often topical, examples of each method in practice to place the theory of how things should work in the context of real-life situations and to help the reader understand the strengths and weaknesses of different methods when they are used. It also looks at organisations such as the International Court and the United Nations and has been fully updated to include the most recent arbitrations, developments in the WTO and the International Tribunal for the Law of the Sea, as well as case law from the International Court of Justice.
"As a complete and consolidated text on the bilateral, multilateral and sub-regional institutions that operate in Latin America and the Caribbean, International Dispute Resolution in Latin America: An Institutional Overview will be of great interest to corporate counsel, international lawyers, and business people, as well as to students of international dispute resolution and international affairs. Public officials in the region will appreciate the book's assistance in enabling them to decipher the institutional labyrinth which currently exists in Latin America."--BOOK JACKET.
This course addresses dispute resolution in international cases from the classical perspective of the private-public divide. The main focus relates to overlapping remedies available under private international and public international law. Nowadays, a multitude of courts and arbitral tribunals at different levels (domestic, international and transnational) is accessible to litigants in cross-border settings.
Negotiation -- Mediation -- Arbitration -- Dispute resolution public policy.