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Worldwide interest in the recognition and enforcement of arbitral awards has never been higher, and the New York Convention of 1958, currently adhered to by 159 States including the major trading nations, remains the most successful treaty in this area of commercial law. This incomparable book, marking the Convention’s 60th anniversary, provides a fully updated analysis of the Convention’s application from international, comparative, and national perspectives. Drawing on a global conference held in Seville in April 2018 that was actively supported by UNCITRAL, the book’s 27 chapters, by highly qualified international practitioners and academics from different jurisdictions, address the subject with critical eyes, well aware of current developments and future challenges in the field of arbitration. Among the issues and topics covered are the following: Multi-tiered dispute resolution clauses. Applicability of the UN Convention on the Use of Electronic Communications in International Contracts. Complexities of enforcing orders determined by software. Enforcement of annulled awards. European Union law and the New York Convention. Enforcing awards against States and State entities. Sovereign immunity as a ground to refuse compliance with investor-State awards; Enforcement against non-signatories. Public policy exception. Arbitrating and enforcing foreign awards in specific countries and regions, including China, sub-Saharan Africa, and the ASEAN countries. Ample reference is made throughout to leading cases and practice. Familiarity with the intricacies of the New York Convention, as the most universally acknowledged framework in which cross-border economic exchanges can flourish, is essential for judges, practitioners, legal staff, business people, and scholars working with or applying international commercial arbitration anywhere in the world. This book’s combination of highly thought-provoking topics and the depth with which they are addressed will prove invaluable to all interested parties
How have Americans sought peaceful, rather than destructive, solutions to domestic and world conflict? This two-volume set documents peace and antiwar movements in the United States from the colonial era to the present. Although national leaders often claim to be fighting to achieve peace, the real peace seekers struggle against enormous resistance to their message and have often faced persecution for their efforts. Despite a well-established pattern of being involved in wars, the United States also has a long tradition of citizens who made extensive efforts to build and maintain peaceful societies and prevent the destructive human and material costs of war. Unarmed activists have most consistently upheld American values at home. Opposition to War: An Encyclopedia of U.S. Peace and Antiwar Movements investigates this historical tradition of resistance to involvement in armed conflict—an especially important and relevant topic today as the nation has been mired in numerous military conflicts throughout most of the current century. The book examines a largely misunderstood and underappreciated minority of Americans who have committed themselves to finding peaceful resolutions to domestic and international conflicts—individuals who have proposed and conducted an array of practical and creative methods for peaceful change, from the transformation of individual behavior to the development of international governing and legal systems, for more than 250 years. Readers will learn how individuals working alone or organized into societies of various size have steadfastly campaigned to stop war, end the arms race, eliminate the underlying causes of war, and defend the civil liberties of Americans when wartime nationalism most threatens them.
Ranging from the founding era to Reconstruction, from the making of the modern state to its post-New Deal limits, John Fabian Witt illuminates the legal and constitutional foundations of American nationhood through the stories of five patriots and critics. In their own way, each of these individuals came up against the power of American national institutions to shape the directions of legal change.