This collection of essays celebrates the work and scholarship of Hans van Houtte, who has been a professor of international commercial arbitration at the University of Leuven for more than 20 years. In addition to his widely -praised contribution to the theory of arbitration, Professor Van Houtte has built a long career in the practice of arbitration, presiding over a vast array of arbitral tribunals and holding appointments to international tribunals, most recently as president of the Iran-US Claims Tribunal.
Hans van Houtte has always been concerned with the practical usefulness of scholarly writings, and this book respects this approach.
This volume will prove essential for all arbitration practitioners and will also be of great interest also to academics and research students with an interest in international arbitration.
In our effort to protect the individual against unfair decisions, we have created a society where no one’s in charge of anything. Silly lawsuits strike fear in our hearts because judges don’t think they have the authority to dismiss them. Inner-city schools are filthy and mired in a cycle of incompetence because no one has the authority to decide who’s doing the job and who’s not.
When no one’s in charge, we all lose our link to the common good. When principals lack authority over schools, of what use are the parents’ views? When no one can judge right and wrong, why not be as selfish as you can be? Philip Howard traces our well-meaning effort to protect individuals through the twentieth century, with the unintended result that we have lost much of our individual freedom.
Buttressed with scores of stories that make you want to collar the next self-centered jerk or hapless bureaucrat, The Lost Art of Drawing the Line demonstrates once again that Philip Howard is “trying to drive us all sane.”
If it is your desire to have a book grab your attention upfront and carry you on an epic journey of one incident building on another, this book will do it for you. Powerful and realistic story line packed with deceit, corruption, and betrayal. Even for those of you who thought you had seen or witnessed everything, this book will be a wakeup call that will show you just how far a person or organization is willing to push the lines of morality and justice to have their way.
This is a story of a young lady starting out life with a bright future that quickly turned to a nightmare that she could not escape. She learned the hard way that justice can be purchased by the very people who were trying to inflict harm and destruction on her way of life. In reading my book, I hope you will agree with me that this act of judicial corruption and failure to enforce laws truly needed an avenue to be expressed and brought to the publics attention.
Enjoy the read.
Jax A. Stone
In creating white-collar criminal law, the federal government has eviscerated the liberal safeguards of the traditional criminal law to permit conviction for merely negligent or innocent actions and to circumvent the presumption of innocence, the 5th Amendment privilege against self-incrimination, and the attorney-client privilege. Thus, federal criminal law creates serious problems for businesses that wish to respect their employees. According to Hasnas: "It gives corporations strong incentives to invade employees' privacy, deny them the presumption of innocence, and breach promises of confidentiality." Hasnas concludes that the solution to the problem of white collar crime does not rest with more vigorous federal enforcement efforts: "With regard to the offenses that can adequately be handled by civil liability, the proper solution may be abstaining from any efforts at criminal enforcement at all."
This anthology brings together leading scholars and activists doing innovative work in Jewish law, Muslim law, Christian law, and African customary law. Using examples drawn from a variety of nations and religions, they interrogate the utility of recent theoretical models for engaging with gender and multicultural conflicts, explore contextual differences, and analyze and celebrate stories of successful initiatives that have transformed legal and cultural norms to improve women's lives.
This book offers a comprehensive study of the prerequisites, effectiveness, and enforcement of exclusive jurisdiction and arbitration agreements in international dispute resolution. It examines whether jurisdiction and arbitration clauses have identical effects in private international law and whether they have been or should be given the same treatment by most countries in the world. By comparing the treatment of these clauses in the US, China, UK and EU, Zheng Sophia Tang demonstrates how, in practice, exclusive jurisdiction and arbitration agreements are enforced. The book considers whether the Hague Convention on Choice of Court Agreements could be treated as a litigating counterpart to the New York Convention, and whether it could work successfully to facilitate judicial cooperation and party autonomy in international commerce.
This book breaks new ground in combining updated materials in EU, US and UK law with unique resources on Chinese law and practice. It will be valuable for academics and practitioners working in the field of private international law and international arbitration.
Harding provides students with a clear understanding using pedagogic methods such as;
Key Issueschecklists at the start of every chapter to help track important points for further study
Figuresare used to aid understanding through visual learning
Further Readingis included at the end of every chapter to enourage and support additional study
Further developments addressed in the fifth edition include:
• The use of common law doctrines in EU cases such as West Tankers.
• The EU imperative for family relationships to be recognized across the EU in the context of citizen’s rights.
• Civil Partnerships and recognition of same sex partnership.
• Rome III, Rome IV and the distinction between maintenance and matrimonial property.
• Adoption, Parental Responsibility and International Child Abduction
• Surrogacy and Assisted Reproduction
Conflict of Lawsis an ideal choice for undergraduate and postgraduate students seeking a comprehensive yet accessible introduction to private international law.
From the reviews of the first edition
'As a result of his broad knowledge on the subject and rich professional experience, Mr van Calster provides great insight into current issues within international law. The book is practical as both a student textbook and a general introduction for legal professionals'.
Vladimir Cupryszak, Association for International Arbitration
'Excellent overview of European Private International Law issues, as well as a very helpful introduction to basic concepts of conflicts of laws and jurisdictions'.
Professor Stavros Brekoulakis, Queen Mary University of London
'This is a most useful book. I recommend it to my students as a great way to come to terms with the EU elements of Private International Law'.
Dr David Kenny, Trinity College Dublin
'This book is essential reading for law students in Europe and abroad. It provides a coherent overview of all main elements of European private international law; concepts, legal instruments and practice'.
Professor Kim Talus, UEF Law School, Finland
'Well-written, clear and understandable. Excellent value for money'.
Dr Jan Oster, King's College London, UK
This book is an invaluable resource for anyone interested or working in the field of international humanitarian law: teachers, students, lawyers, government officials, military and police personnel, researchers and human rights activists.
From the beginning of international efforts to rewrite the laws of armed conflict in the 1970s, the legal rules to govern irregular conflicts of the “state-on-nonstate” variety have been contested terrain. Particularly in the wake of the 9/11 attacks, policymakers, lawyers, and scholars have debated the merits, relevance, and applicability of what are said to be competing “war” and “law enforcement” paradigms of legal constraint—and even the degree to which international law can be said to apply to counter-terrorist conflicts at all. Ford & Cohen’s volume puts such debates in historical and analytical context, and offers readers an insight into where the law has been headed in the fraught years since September 2001. The contributors provide the reader with differing perspectives upon these questions, but together their analyses make clear that law-governed restraint remains a cardinal value in counter-terrorist war, even as the law stands revealed as being much more contested and indeterminate than many accounts would have it. Rethinking the Law of Armed Conflict in an Age of Terrorism provides an important conceptual framework through which to view the development of the law as the policy and legal communities move into the second decade of the “global war on terrorism.”