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Author: Carlos Esplugues Publisher: Springer ISBN: 3319181351 Category : Law Languages : en Pages : 785
Book Description
By means of the analysis of more than 20 national jurisdictions of different legal and geographical origin this book provides a general understanding of the developments that civil and commercial mediation is currently undertaking across the world. The book combines 25 national reports with a General Report analyzing the major trends in civil and commercial mediation worldwide. A number of the key variables that make mediation so effective are studied in depth in the book. The concept of mediation, that varies from country to country. Its legal framework and the branches of public and private law in which it is used. The legal condition of the mediation agreement and its relevant conditions of form and content, the responsibilities of the parties in the event that they violate this agreement and the effects of this agreement on potential recourse to the courts or to arbitration, as well as with regard to pending cases. As well as the role played by the mediator, his or her appointment or designation, legal and ethical responsibilities, and the role of institutions in mediation. As well as the mediation process, its applicable rules and principles and its costs are analyzed on comparative basis. The book also pays special attention to the outcome of mediation. The enforceability of the settlement reached both in domestic and cross-border mediations constitutes a basic element for the success of the institution and is thoroughly studied. This volume constitutes a unique instrument for those interested on mediation, either practitioners, judges or academics.
Author: Carlos Esplugues Publisher: Springer ISBN: 3319181351 Category : Law Languages : en Pages : 785
Book Description
By means of the analysis of more than 20 national jurisdictions of different legal and geographical origin this book provides a general understanding of the developments that civil and commercial mediation is currently undertaking across the world. The book combines 25 national reports with a General Report analyzing the major trends in civil and commercial mediation worldwide. A number of the key variables that make mediation so effective are studied in depth in the book. The concept of mediation, that varies from country to country. Its legal framework and the branches of public and private law in which it is used. The legal condition of the mediation agreement and its relevant conditions of form and content, the responsibilities of the parties in the event that they violate this agreement and the effects of this agreement on potential recourse to the courts or to arbitration, as well as with regard to pending cases. As well as the role played by the mediator, his or her appointment or designation, legal and ethical responsibilities, and the role of institutions in mediation. As well as the mediation process, its applicable rules and principles and its costs are analyzed on comparative basis. The book also pays special attention to the outcome of mediation. The enforceability of the settlement reached both in domestic and cross-border mediations constitutes a basic element for the success of the institution and is thoroughly studied. This volume constitutes a unique instrument for those interested on mediation, either practitioners, judges or academics.
Author: Denis, Jean-Louis Publisher: Policy Press ISBN: 1447352157 Category : Medical Languages : en Pages : 250
Book Description
Health and legal experts from England and Canada consider the influence of medical doctors on reforms in this comparative study. With reflections on participation since the inception of publicly-funded healthcare systems, they show how the status of doctors affects change.
Author: Emilie Biland Publisher: UBC Press ISBN: 0774866543 Category : Law Languages : en Pages : 318
Book Description
The right to divorce is a symbol of individual liberty and gender equality under the law, but in practice it is anything but equitable. Family Law in Action reveals the persistent class and gender inequalities embedded in the process of separation and its aftermath in Quebec and France. Drawing on empirical research conducted on their respective court and welfare systems, Emilie Biland analyzes how men and women in both places encounter the law and its representatives in ways that affect their personal and professional lives. This rigorous but compassionate study encourages governments to make good on the emancipatory promise enshrined in divorce law.
Author: Baudouin Dupret Publisher: Cambridge University Press ISBN: 1108960138 Category : Law Languages : en Pages : 329
Book Description
Can the concept of law be indiscriminately extended to times and places in which it did simply not exist? Such an extension is at best useless and at worst misleading. Producing an intelligible jurisprudence of the concept of law means keeping it within the reasonable boundaries of its contemporary common-sense understanding: positive law. Parallel to Western societies in which it firstly emerged, the concept of positive law developed in many places, including countries characterized as Muslim. There, it faced other existing normativities, like customs and the Sharia. This book aims, from the Muslim world's perspective, to clarify the uses of the concept of law and the ways of studying it, to describe some of its historical developments, including the ideas of constitutional law, customary law and forensic evidence, and to describe present-day practices, including reference to law sources, rules and interpretation.
Author: James D. Herbert Publisher: Cornell University Press ISBN: 1501720775 Category : Art Languages : en Pages : 224
Book Description
This elegant and theoretically informed book, illustrated with forty-five photographs, explores the cultural significance of six exhibitions or new museum installations, all opening in Paris between mid-1937 and early 1938: the commercially oriented world's fair titled L'Exposition Internationale des Art et Techniques; the historical Musée des Monuments Français; the ethnographic Musée de l'Homme; two massive art retrospectives, one sponsored by the state of France and the other by the municipality of Paris; and L'Exposition Internationale du Surréalisme.James D. Herbert capitalizes on the proximity of these disparate exhibits to show how they competed with and yet also complemented one another in visually rendering the full scope of human accomplishment through time and across the globe. In this task, Herbert argues, they both succeeded and failed in interesting and productive ways. He asserts that the exhibitions projected and, in a sense, created (created precisely through the act of projection) the real world that they ostensibly only represented.In fact, Herbert argues, the exhibitions developed a particular sense of French national identity—one that, in managing to be at the same moment both inwardly focused and beneficently expansive, would present a vivid contrast to the growing German nationalism of the Third Reich. His epilogue takes a final look at these issues from the perspective of Jean Cocteau's 1950 film Orphée. A ground-breaking work in cultural history, Paris 1937, with its insightful examination of objects from a variety of fields, is a pioneering text in the field of visual studies.
Author: Susanne Kalss Publisher: Springer ISBN: 3319180118 Category : Law Languages : en Pages : 409
Book Description
This book is one of the first to link company law to the law of succession by concentrating on family businesses. It shows that, to understand the legal framework underlying the daily operations of family businesses, one needs legal analysis, empirical data, psychological and sociological knowledge. The book works on the premise that, since many businesses have been founded by families, practitioners need to develop an understanding of the legal background of such businesses and build up experience to be able to create contracts, trusts, foundations and other legal mechanisms to give shape to systems and procedures for the transfer of shares and control within the family. Comparing the national legal order, techniques, and mechanisms in a range of countries, the book examines parallel developments in these fields of law across the world. Finally, it demonstrates the room for companies, shareholders and the members of a family to develop individual solutions within the legal framework for transferring businesses and shares to the next generation.
Author: Ellen, M. Immergut Publisher: Oxford University Press, USA ISBN: 0199291470 Category : Business & Economics Languages : en Pages : 965
Book Description
Comparative analysis of pension systems in the EU-15 countries and Switzerland. Gives an overview of the political institutions and party systems, and traces the proposed and enacted pension reforms since the 1980s.
Author: F. Barker Publisher: Springer ISBN: 1137339314 Category : Political Science Languages : en Pages : 216
Book Description
Examining the evolving responses to immigration, migrant integration and diversity of substate governments in Quebec, Flanders and Brussels, and Scotland, Fiona Barker explores what happens when the 'new' diversity arising from immigration intersects with the 'old' politics of substate nationalism in decentralized, multinational societies.
Author: Carlos Esplugues
Author: Carlos Esplugues
Author: France. L'Assemblee Nationale Constituante
Author: Denis, Jean-Louis
Author: Emilie Biland
Author: Baudouin Dupret
Author: James D. Herbert
Author: 
Author: Susanne Kalss
Author: Ellen, M. Immergut
Author: F. Barker