Claremont Colleges Digital Library
Not a member yet
661114 research outputs found
Sort by
International economic law as symphony ::Thomas Cottier and the harmonies of trade /
No full textThis open access book brings together some of the most eminent scholars of international trade to celebrate the scholarly, diplomatic, and institution-building achievements of Thomas Cottier, Professor Emeritus of International Economic Law at the University of Bern and founder of the World Trade Institute. Over his half-century career, Thomas Cottier has promoted the development of international trade law by shaping our understanding of how multiple layers of law interact to form a global legal system. While multilateral trade law is the "melody" of the system, it is made fuller by a host of regional and national layers of harmonising - and sometimes discordant - legal rules. Covering both general trade policy and the economic relations between Switzerland and the EU, the chapters examine Thomas Cottier's fundamental belief in the necessity of studying the interaction of every level of governance - local, national, and international - when considering the policies of economic exchange between countries, as well as his cosmopolitan belief in the need to foster a global community dedicated to bettering the lives of individuals around the world. The special relationship between the EU and Switzerland is addressed, honouring Professor Cottier's dedication to the political debates within Switzerland on the extent to which the country should participate in the European project, exemplifying the themes of multilayered governance and the common concerns of all people. The book's contributors comprise leading scholars and practitioners who have worked closely with, or whose work and professional journeys have been largely influenced by, Thomas Cottier
The practice of international commercial arbitration ::a handbook for arbitrators and arbitration lawyers in Asia /
No full textFocusing on practical principles and guidelines, this book covers everything a prospective international commercial arbitrator or lawyer wishing to start an arbitration practice should know about conducting an arbitration in Asia. Previously, the book concentrated solely on arbitration in Hong Kong, but this second edition is significantly expanded to cover Mainland China, Japan, and Singapore as well. In addition to this expansion, the content has been updated to cover new conventions, the latest statutory amendments, revised arbitral institution rules, and new or updated soft law instruments. The second edition also reflects major changes since the first edition, including the greater use of online hearings for the conduct of arbitrations since COVID-19, the prevalence of sanctions and countersanctions constraining what cases arbitrators can or cannot accept, and the consequences of an increased awareness of climate change considerations. Along the way, the book considers the impacts of generative AI, third-party funding, enhanced data protection and privacy regimes, and developments in other modes of alternative dispute resolution (ADR) (including mediation) on international commercial arbitration.Specifically geared to those interested in or starting work as an arbitrator or as counsel in international arbitration cases, this compact book takes readers step by step through the problems likely to arise in the conduct of cross-border arbitration and in the development of a career in that field in Asia
Et si c'était du contrôle coercitif? : repenser les pratiques socio-juridiques pour (mieux) protéger les victimes de violences conjugales,un référentiel commun Belgique-France-Québec.
No full text
Natural law, ethics and human vulnerability /
No full textThis book explores human vulnerability through the lens of natural law theory. Beginning with a detailed examination of natural law ethics, centred upon the virtues (Part One), it sets out the relationship between natural law and human vulnerability. To be human is to be vulnerable; but vulnerability must itself be understood by reference to the human goods that are the central concern of natural law ethics. Such goods lie at the heart of what it means to lead a flourishing life, but they are in no way certain: goods such as health, education, the family can all be perverted or taken away by human agency or the vicissitudes of life. Part Two poses the problem of how human beings and government can build resilience in the face of these vulnerabilities. Its main contention is that the central aims of vulnerability theory, including that of state responsiveness, are pre-figured in the social teachings of the Catholic Church. These teachings provide a compelling basis for the demand that the state be more responsive to social scourges such as poverty, crime, debt and dependency. Vulnerability theorists will benefit from a new perspective on the problems that are central to their analysis; natural law theorists will profit by an enrichment and extension of their central concerns
