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Non-state law is playing an increasing role in both public and private ordering. Numerous organizations have emerged alongside the nation-state, each purporting to provide their members with rules and norms to govern their conduct and organize their affairs. The nation-state increasingly finds itself sandwiched, between two broad and contrasting categories of non-state law. The first - law above the state - captures legal systems that function across the territorial borders of nation-states. The second category - law below the state - includes forms of local customary, religious, and indigenous law. As these forms of non-state law persist and proliferate alongside the nation-state, the relationship between state and non-state law becomes more complex, multifaceted, and tense. This volume addresses this relationship considering whether and to what extent state and non-state law can coexist and how each form of law seeks to influence as well as transform the other.
Describes a method of negotiation that isolates problems, focuses on interests, creates new options, and uses objective criteria to help two parties reach an agreement.
A less-expensive grayscale paperback version is available. Search for ISBN 9781680923018. Business Law I Essentials is a brief introductory textbook designed to meet the scope and sequence requirements of courses on Business Law or the Legal Environment of Business. The concepts are presented in a streamlined manner, and cover the key concepts necessary to establish a strong foundation in the subject. The textbook follows a traditional approach to the study of business law. Each chapter contains learning objectives, explanatory narrative and concepts, references for further reading, and end-of-chapter questions. Business Law I Essentials may need to be supplemented with additional content, cases, or related materials, and is offered as a foundational resource that focuses on the baseline concepts, issues, and approaches.
1. Introduction 2. Participants in International Law-making 3. Multilateral Law-making Processes 4. Codification and Progressive Development of International law 5. Law-making Instruments 6. The Role of Courts.
A theoretically-informed, critical account of the making of the international legal rules governing civil war.
The Model Rules of Professional Conduct provides an up-to-date resource for information on legal ethics. Federal, state and local courts in all jurisdictions look to the Rules for guidance in solving lawyer malpractice cases, disciplinary actions, disqualification issues, sanctions questions and much more. In this volume, black-letter Rules of Professional Conduct are followed by numbered Comments that explain each Rule's purpose and provide suggestions for its practical application. The Rules will help you identify proper conduct in a variety of given situations, review those instances where discretionary action is possible, and define the nature of the relationship between you and your clients, colleagues and the courts.
Almost everyone has faced the frustrating task of negotiating with government-local, state, national, or foreign-at some point in their lives. Whether they are applying for a building permit from their local zoning board, trying to sell software to the U.S. Defense Department, looking for approval for a merger, or planning to set up a business in Limerick or Bangalore, businesspeople confront a unique set of challenges when dealing with any form of government. Distinguished author, professor and negotiation expert Jeswald W. Salacuse explains the ways in which negotiating with government is very different from private negotiation. In Seven Secrets for Negotiating with Government, he addresses the key variables involved-from the influence of bureaucracy to the perception of power on the government side of the negotiating table. The only book of its kind, this invaluable guide offers succinct, realistic, and accessible advice to help readers recognize the often-hidden interests driving government negotiators and how to use that knowledge to their advantage. Filled with real-life examples, this book will show businesspeople everywhere how to navigate this complex world and win.
The United States was once seen as a land of broad consensus and pragmatic politics. Sharp ideological differences were largely absent. But today politics in America is dominated by intense party polarization and limited agreement among legislative representatives on policy problems and solutions. Americans pride themselves on their community spirit, civic engagement, and dynamic society. Yet, as the editors of this volume argue, we are handicapped by our national political institutions, which often— but not always—stifle the popular desire for policy innovation and political reforms. Political Negotiation: A Handbook explores both the domestic and foreign political arenas to understand the problems of political negotiation. The editors and contributors share lessons from success stories and offer practical advice for overcoming polarization. In deliberative negotiation, the parties share information, link issues, and engage in joint problem solving. Only in this way can they discover and create possibilities, and use their collective intelligence for the good of citizens of both parties and for the country.