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This work deals with the current state of investment dispute resolution and analyzes the problems associated with investor-state arbitration. The author examines developments in the existing legal framework and looks at the mechanisms under existing domestic and international systems - such as judicial review and class actions - to see if these can be applied to investment dispute resolution. The author concludes that the features of traditional arbitration are not flexible enough to meet the needs of this modern form of international dispute resolution. Investment arbitration is now entering a new phase of its development. The traditional, typically arbitration-related issues of consent, privity, and confidentiality are making room for the now more important questions of disclosure, transparency, legal certainty, and consistency. The author calls for setting up a "model procedure," specifically created for international investment disputes as this would enable the establishment of a "tailor-made" process for this ever-growing area of law.
The Oxford Handbooks series is a major new initiative in academic publishing. Each volume offers an authoritative and state-of-the-art survey of current thinking and research in a particular subject area. Specially commissioned essays from leading international figures in the discipline give critical examinations of the progress and direction of debates. Oxford Handbooks provide scholars and graduate students with compelling new perspectives upon a wide range of subjects in the humanities and social sciences. The Oxford Handbook of International Investment Law aims to provide the first truly exhaustive account of the current state and future development of this important and topical field of international law. The Handbook is divided into three main parts. Part One deals with fundamental conceptual issues, Part Two deals with the main substantive areas of law, and Part Three deals with the major procedural issues arising out of the settlement of international investment disputes. The book has a policy-oriented introduction, setting the more technical chapters that follow in their policy environment within which contemporary norms for international foreign investment law are evolving. The Handbook concludes with a chapter written by the editors to highlight the major conclusions of the collection, to identify trends in the existing law, and to look forward to the future development of this field.
Many different social scientists have been challenged by the origins of wars, their immediate causes and the mechanisms leading to the breakdown of peaceful relations. Many have speculated whether conflicts were avoidable and whether alternative policies might have prevented conflict. The Ashgate Research Companion to War provides contributions from a number of theorists and historians with a focus on long term, systemic conflicts. The problèmatique is introduced by the Editors highlighting the need for interdisciplinary approaches to the study of war as a global phenomenon. The following 29 essays provide a comprehensive study guide in four sections: Part I explicates differing theories as to the origins of war under the general concept of 'polemology'. Part II analyzes significant conflicts from the Peloponnesian wars to World War II. Part III examines the ramifications of Cold War and post-Cold War conflict. Part IV looks at long cycles of systemic conflict, and speculates, in part, whether another global war is theoretically possible, and if so, whether it can be averted. This comprehensive volume brings us a much needed analysis of wars throughout the ages, their origins, their consequences, and their relationship to the present. A valuable understanding that is ideal for social scientists from a variety of backgrounds.
This book is about conflict resolution and the ways that it can change the world.
A controversial examination of the internal Israeli debate over the Israeli-Palestinian conflict from a best-selling Israeli author Since the Six-Day War, Israelis have been entrenched in a national debate over whether to keep the land they conquered or to return some, if not all, of the territories to Palestinians. In a balanced and insightful analysis, Micah Goodman deftly sheds light on the ideas that have shaped Israelis' thinking on both sides of the debate, and among secular and religious Jews about the Israeli-Palestinian conflict. Contrary to opinions that dominate the discussion, he shows that the paradox of Israeli political discourse is that both sides are right in what they affirm—and wrong in what they deny. Although he concludes that the conflict cannot be solved, Goodman is far from a pessimist and explores how instead it can be reduced in scope and danger through limited, practical steps. Through philosophical critique and political analysis, Goodman builds a creative, compelling case for pragmatism in a dispute where a comprehensive solution seems impossible.
Reissued on the tenth anniversary of its publication, this classic work on our environmental crisis features a new introduction by the author, reviewing both the progress and ground lost in the fight to save the earth. This impassioned plea for radical and life-renewing change is today still considered a groundbreaking work in environmental studies. McKibben's argument that the survival of the globe is dependent on a fundamental, philosophical shift in the way we relate to nature is more relevant than ever. McKibben writes of our earth's environmental cataclysm, addressing such core issues as the greenhouse effect, acid rain, and the depletion of the ozone layer. His new introduction addresses some of the latest environmental issues that have risen during the 1990s. The book also includes an invaluable new appendix of facts and figures that surveys the progress of the environmental movement. More than simply a handbook for survival or a doomsday catalog of scientific prediction, this classic, soulful lament on Nature is required reading for nature enthusiasts, activists, and concerned citizens alike.