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Relevant bibliographies by topics / Cross-border disputes

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Academic literature on the topic 'Cross-border disputes'

Author: Grafiati

Published: 4 June 2021

Last updated: 1 February 2022

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Journal articles on the topic "Cross-border disputes"

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성준호. "Online Dispute Resolution for Cross-Border Consumer Disputes." JOURNAL OF ARBITRATION STUDIES 25, no. 1 (2015): 25–46. http://dx.doi.org/10.16998/jas.2015.25.1.25.

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IDREES, Rao Qasim, Zaheer Iqbal CHEEMA, and Jawwad RIAZ. "Analysis of China-Pakistan Cross Border Trade Conflicts Resolution Mechanism." Journal of Advanced Research in Law and Economics 11, no. 2 (2020): 382. http://dx.doi.org/10.14505/jarle.v11.2(48).11.

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This research paper significantly discusses ‘China Pakistan bilateral investment trade regime’ and the issues relating to dispute settlement as these are considered as high risks to disturb the trade agreements made between Pakistan and China after the huge investment in recent years. Pakistan and China have strong bilateral investment treaty agreements; however, such agreements cannot provide the suitable environment for current bilateral trade and investment, hence required to be amended. In this research authors examine the China Pakistan bilateral investment legal regime and dispute resolu

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González Martín, Nuria. "Mexico-U. S. Cross-Border Family Mediation: Legal Issues in Mexico." Mexican Law Review 1, no. 18 (2016): 129. http://dx.doi.org/10.22201/iij.24485306e.2017.18.10778.

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The approach taken by society toward dispute resolution in child custody cases has historically been seen as litigation versus mediation. Given the current volume of cross-border family-related disputes, this binary approach no longer makes sense. In this note, I provide a brief introduction to mediation in Mexico, especially Mexico City. I also analyze other ideas regarding International Child Abduction by one of the Parents and International Family Mediation between Mexico and the USA.

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Rashadat Majidli, Jamila. "THE INTERNATIONAL CASES CONCERNING JOINT DEVELOPMENT AGREEMENTS (The Case of Saadia Arabia- Bahrain, Japan-South Korea, Thailand-Malaysia)." ANCIENT LAND 04, no. 02 (2021): 35–38. http://dx.doi.org/10.36719/2706-6185/04/35-38.

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This article is dedicated to analysing the joint development agreements resolving or temporarily suspending maritime boundary disputes cases between Japan-South Korea, Saadia Arabia-Bahrain, and Thailand-Malaysia. Regardless of whether any delimitation line exists or not, international law allows the parties to agree on delimitation by consulting on the most appropriate conditions or jointly operate on the disputed zone, field or maritime border. If the cross-border dispute on hydrocarbon resources exists, the conclusion of a unitization agreement is not ruled out by the international practice

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CHEN, Vivien, Andrew GODWIN, and Ian RAMSAY. "An ASEAN Framework for Cross-Border Cooperation in Financial Consumer Dispute Resolution." Asian Journal of Comparative Law 12, no. 1 (2017): 167–96. http://dx.doi.org/10.1017/asjcl.2017.1.

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AbstractThe increasing integration of regional markets in Southeast Asia has led to the need for a regional framework for financial consumer protection. Access to affordable redress mechanisms is essential for consumer confidence in ASEAN’s burgeoning regional financial markets. Drawing on established channels of regional cooperation among ASEAN Member States, this article proposes a framework based on international best practices and existing financial consumer dispute resolution mechanisms in ASEAN 5 countries. It explores the need for cross-border cooperation to facilitate the effective res

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Mikhaylova, L. A. "Non-State Regulation in the Field of Cross-Border Agency Relations." Actual Problems of Russian Law 16, no. 3 (2021): 168–76. http://dx.doi.org/10.17803/10.17803/1994-1471.2021.124.3.168-176.

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The choice of acts of non-governmental regulation as the applicable law in international commercial contracts has become a common practice. When resolving disputes between the parties, international commercial arbitration refers to non-national sources and resolves the dispute on their basis, in contrast to state courts, which excluded the application of non-state regulation as applicable law. The paper discusses the approach on the admissibility of choosing non-national sources as the applicable law in an international commercial agreement, set out in the resolution of the Plenum of the Supre

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Baetens, Freya. "The Rule of Law or the Perception of the Beholder? Why Investment Arbitrators are Under Fire and Trade Adjudicators are Not: A Response to Joost Pauwelyn." AJIL Unbound 109 (2015): 302–8. http://dx.doi.org/10.1017/s239877230000163x.

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In his thought-provoking and timely article, Pauwelyn asks how it can be “that today’s perception of two parallel processes involving the legalization of world politics, and on two closely related subjects of global economic affairs—cross-border trade and cross-border investment—differs so much?” He focuses on one explanation: the individuals deciding World Trade Organization (WTO) versus International Centre for the Settlement of Investment Disputes (ICSID) disputes.

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Ziganshina, Dinara R. "Institutional Mechanisms for Preventing and Resolving Cross-Border Water Disputes." AJIL Unbound 115 (2021): 195–200. http://dx.doi.org/10.1017/aju.2021.20.

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The fundamental role of international law is to provide a framework for the coexistence of and cooperation among states. If international law and institutions work well, their contribution to the management of international affairs remains in the background. This essay seeks to illuminate the largely unnoticed work of river commissions in preventing and resolving cross-border water disputes. Among the oldest of international organizations, river commissions have long been at the forefront of technical and diplomatic interactions between countries. Similar to other international organizations,

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Calliess, Gralf-Peter, and Hermann B. Hoffmann. "Judicial Services for Global Commerce – Made in Germany?" German Law Journal 10, no. 2 (2009): 115–22. http://dx.doi.org/10.1017/s2071832200000961.

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International business disputes rarely go to court, but sometimes they do. By virtue of the internationally accepted principle of party autonomy, business partners involved in cross-border transactions are entitled to select their forum of choice for any dispute which may arise from their commercial relationship. Party autonomy entails the right to opt out of the nation state's court systems. In fact, arbitration clauses often refer disputes to a non-state institution for commercial arbitration such as the International Court of Arbitration of the ICC in Paris. In a choice of court agreement,

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Palanissamy, Ayyappan, and Kesava Moorthy. "Consumer Dispute Resolution in Cyberspace - Trends and Developments." International Conference on Advances in Business, Management and Law (ICABML) 2, no. 1 (2019): 120–27. http://dx.doi.org/10.30585/icabml-cp.v2i1.253.

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Developments and advancements in the ICT environment has led to high increase in electronic commerce. Cyber contractual disputes also emerge rapidly and this challenge the traditional consumer protection systems in terms of redressal and remedies. To protect consumers rights and interests, ADR mechanisms can be used which can overcome the difficulties confronted in the traditional litigation process. Dispute resolution in internet contracts can take place online either entirely or partly. There are various mechanisms available to resolve disputes which can protect disputants’ interests and rig

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Dissertations / Theses on the topic "Cross-border disputes"

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Haloush, Haitham. "Online alternative dispute resolution a solution to cross-border electronic commercial disputes." Saarbrücken VDM Verlag Dr. Müller, 2008. http://d-nb.info/991386973/04.

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Halous, Haitham A. "Online alternative dispute resolution as a solution to cross-border electronic commercial disputes." Thesis, University of Leeds, 2003. http://etheses.whiterose.ac.uk/1394/.

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Electronic commerce is important,and perhaps,inevitable. Thus to consider the legal implications of the growth and development of electronic commerce is essential.However, the lack of suitable dispute resolution mechanisms in cyberspace will constitute a serious obstacle to the further development of electronic commerce. Bearing this in mind, this thesis argues that when Alternative Dispute Resolution (ADR) moves to cyberspace particularly arbitration and mediation as the main types of ADR, the form of online alternative dispute resolution (OADR) can maximise the growth of e-commerce. However,

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Kao, Chi-Chung. "Online arbitration for cross-border business-to-consumer electronic-commerce disputes : an examination of procedural issues." Thesis, University of East Anglia, 2005. http://ethos.bl.uk/OrderDetails.do?uin=uk.bl.ethos.426944.

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This thesis discusses procedural issues relating to the resolution of cross-border business-to-consumer (B2C) e-commerce disputes by online arbitration. Resolving such disputes in national courts of law creates jurisdictional dilemmas. Online dispute resolution (ODR), on the other hand, avoids the jurisdiction problem, while providing the parties with expeditious and economical solutions to online disputes, given that ODR mechanisms could be fair, .affordable and effective. Amongst various models of ODR, online arbitration could serve as a backbone of an emerging international legal framework

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Andrews, Pearl Deidre. "Links between international child abduction and relocation: moving towards likemindedness in relocation disputes internationally - Is it time for a protocol regulating international relocation disputes." Thesis, University of the Western Cape, 2012. http://etd.uwc.ac.za/index.php?module=etd&action=viewtitle&id=gen8Srv25Nme4_3259_1364198101.

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<p>This by implication would mean that the best way to prevent child abduction is to desist from international marriages and moving abroad.The modern reality is that&nbsp<br>relationships are being formed internationally. In the same breath, relationships are easily un-formed and the family fractured. The emotional impact of any breakup is usually&nbsp<br>tense, and it follows by implication that this will be exacerbated if a child is involved. For reasons that will be expounded on in the thesis, many caregivers, usually mothers have&nbsp<br>opted to abduct their children. Some have opted to a

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張博嵐. "澳門跨境消費爭端解決機制的構建與完善 :以"內地—澳門"為例 = The establishment and improvement of solution mechanism for cross-border consumption disputes in Macao : in the case of mainland China--Macao". Thesis, University of Macau, 2018. http://umaclib3.umac.mo/record=b3951615.

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Gatta, Andrea. "Towards the Harmonisation of Civil Procedure: Translation in Italian Civil Court Proceedings and the Role of Multilingual Document Templates." Master's thesis, Alma Mater Studiorum - Università di Bologna, 2018. http://amslaurea.unibo.it/17167/.

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Over the past few decades, globalisation, international trade, cross-border investments, travel, and economic and personal relationships between citizens of different countries have had a profound impact on law. An increase in international relationships is inevitably followed by a growth in international and cross-border litigation. Therefore, several initiatives have been launched with the aim of unifying, harmonising, and internationalising civil procedure. Today, the international harmonisation of civil procedure is mainly achieved through soft law instruments, such as the numerous Hague C

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Wolff, Stefan. "Managing disputed territories, external minorities and the stability of conflict settlements : a comparative analysis of six cases." Thesis, London School of Economics and Political Science (University of London), 2000. http://etheses.lse.ac.uk/1515/.

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This thesis examines the conditions under which ethno-territorial cross-border conflicts can be resolved successfully. Ethno-territorial cross-border conflict is a type of ethnic conflict in which competing territorial and ethnic claims of distinct state and group actors occur; and this manifests itself primarily on three interrelated levels - inter-group conflict, conflict between the external minority and the institutions of its host-state, and the (territorial) conflict between host- and kin-state. An initial theoretical exploration of the subject establishes the framework of the subsequent

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Papiri, Foteini. "Cross-border intellectual property disuputes arising online : towards a new dispute resolution model?" Thesis, University of Nottingham, 2007. http://ethos.bl.uk/OrderDetails.do?uin=uk.bl.ethos.446381.

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Tramarin, Sara. "La tutela giudiziale e stragiudiziale del consumatore nel diritto dell’Unione europea." Thesis, Strasbourg, 2017. http://www.theses.fr/2017STRAA007/document.

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Le travail réalisé a pris en considération en premier lieu le droit international privé de l'UE, puis des aspects plus à proprement parler de « droit international procédural », en se concrétisant par une « systémisation » et une cartographie des voies de recours proposées au consommateur par le droit européen pour les litiges transfrontaliers. La première partie, concernant la loi applicable aux contrats internationaux du consommateur et le tribunal compétent dans le droit international privé de l'Union européenne, permit d'identifier les problématiques de droit international privé sous-jacen

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Tseng, Wan-Ning, and 曾琬甯. "The Study of Commercial Disputes between the EU and U.S. on the Microsoft Antitrust Case and the Cross-Border Data Transmission." Thesis, 2007. http://ndltd.ncl.edu.tw/handle/69608644842183917766.

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碩士<br>淡江大學<br>歐洲研究所碩士班<br>95<br>This thesis gives an overview on the commercial disputes of the Information Economy between the European Union (EU) and the United States (U.S.), discussing Microsoft vs. European Commission case and the transborder data flows as examples. Europe and the U.S. have a strong relationship on various aspects, such as politics, economy, and culture backgrounds. Not to mention the “Marshall Plan” aiming at recovering the European economy further establishes the economy and trade cooperation between Europe and the U.S. The emergence of “Global Economy”, the economi

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Books on the topic "Cross-border disputes"

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Venoit, Wendy Kennedy. International construction law: A guide for cross-border transactions and legal disputes. American Bar Association, 2009.

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Venoit, Wendy Kennedy. International construction law: A guide for cross-border transactions and legal disputes. American Bar Association, 2009.

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Benno, Joachim. Consumer purchases through telecommunications in Europe: Application of private international law to cross-border contractual disputes : TERESA (93). Tano, 1993.

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Great Britain. Board of Inland Revenue. EC directives on cross-border mergers and parent/subsidiary companies: Convention for arbitration in transfer pricing disputes : a consultative document. Inland Revenue, 1991.

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rnle, Julia Ho. Cross-border Internet Dispute Resolution. Cambridge University Press, 2009.

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Cross-border internet dispute resolution. Cambridge University Press, 2009.

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Hörnle, Julia. Cross-border internet dispute resolution. Cambridge University Press, 2009.

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Alternative dispute resolution (ADR): Expanding options in local and cross border islamic finance cases. International Shari'ah Research Academy for Islamic Finance (ISRA), 2012.

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Nolan, Michael D., and Frederic G. Sourgens. Experiencing International Arbitration: Resolving Cross-Border Disputes. West Academic, 2020.

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Wendy, Kennedy Venoit, ed. International construction law: A guide for cross-border transactions and legal disputes. American Bar Association, 2009.

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Book chapters on the topic "Cross-border disputes"

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Iheme, Williams C. "A Comparative Assessment of the Legal Frameworks on Cross-Border Consumer Disputes." In The Indian Yearbook of Comparative Law. Springer Singapore, 2021. http://dx.doi.org/10.1007/978-981-16-2175-8_4.

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Chaisse, Julien, and Jamieson Kirkwood. "Foreign Investors vs. National Tax Measures: Assessing the Role of International Investment Agreements." In Taxation, International Cooperation and the 2030 Sustainable Development Agenda. Springer International Publishing, 2021. http://dx.doi.org/10.1007/978-3-030-64857-2_8.

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AbstractThis chapter focuses on the impact of the international law of foreign investment on tax issues with a view to assessing the interactions between the two regimes and identifying potential signs of convergence. In particular, this chapter focuses on the operation of International Investment Agreements (IIAs) and assesses the role of IIAs from the perspective of foreign investors vis-à-vis National Tax Measures (NTMs). Part I of this chapter provides an understanding of the convergence between investment law and tax issues. This aids in an understanding of the key characteristics of IIAs (such as the definition of investment and the use of specific tax exceptions) and the relationship between currently existing IIAs and tax disputes. Part II analyzes, both quantitatively and qualitatively, the recent trends of tax disputes in investment arbitration. Part III assesses how tax can be seen as the last barrier to cross border investment. Part IV concludes.

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Guo, Rongxing. "Alternative Strategies for Dispute Resolution." In Cross-Border Management. Springer Berlin Heidelberg, 2015. http://dx.doi.org/10.1007/978-3-662-45156-4_9.

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Wei, Dan, and Gloria Ka In Pun. "Macao’s Experience in Building Cross-Border Tourists Consumers Dispute-Solving System." In Innovation and the Transformation of Consumer Law. Springer Singapore, 2020. http://dx.doi.org/10.1007/978-981-15-8948-5_23.

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Wulf, Alexander J. "Association Analysis for the Choice of Proper Contract Law and Dispute Resolution Forum in Cross-Border Contracts." In Institutional Competition between Optional Codes in European Contract Law. Springer Fachmedien Wiesbaden, 2014. http://dx.doi.org/10.1007/978-3-658-05801-2_6.

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Guo, Rongxing. "Territorial Disputes and Cross-Border Management." In Cross-Border Resource Management. Elsevier, 2018. http://dx.doi.org/10.1016/b978-0-444-64002-4.00011-8.

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Guo, Rongxing. "Territorial disputes and cross-border resource management." In Cross-Border Resource Management. Elsevier, 2021. http://dx.doi.org/10.1016/b978-0-323-91870-1.00014-8.

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"List of Countries With Boundary and Territorial Disputes." In Cross-Border Resource Management. Elsevier, 2018. http://dx.doi.org/10.1016/b978-0-444-64002-4.00032-5.

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"List of countries with boundary and territorial disputes." In Cross-Border Resource Management. Elsevier, 2021. http://dx.doi.org/10.1016/b978-0-323-91870-1.00030-6.

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Kvashnin, Pavel Romanovich. "Prospects for the application of the provisions of foreign and international law for disputes on cross-border insolvency by the Russian courts." In Culture. Science. Education: Current Issues. Publishing house Sreda, 2020. http://dx.doi.org/10.31483/r-75148.

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The problem of resolving cross-border insolvency disputes by Russian courts using foreign experience is analyzed in the article. The author describes how the problem of cross-border insolvency is resolved according to contemporary Russian legislation. It is noted that Russian courts are forced to independently develop approaches to dispute resolutions on cross-border insolvency in the absence of certain provisions in Russian law. The invocation of the concept “Center of Main Interests” (COMI) based on the analyses of the Russian courts’ cross-border insolvency precedents and the study of oversea conceptions is examined. The author comes to the conclusion that in order to justly resolve disputes on cross-border insolvency, it seems promising to use foreign experience by domestic courts.

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Conference papers on the topic "Cross-border disputes"

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Chin Eang, Ong. "B2C E-Commerce Trust in Redress Mechanism (Cross Border Issues)." In 2003 Informing Science + IT Education Conference. Informing Science Institute, 2003. http://dx.doi.org/10.28945/2596.

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The rise of consumer concerns of trust issue in e-commerce is due to the fact that when disputes occur in the cross-border environment, what is the level of protections (redress) that is available and which jurisdictions that is applicable and enforceable. This paper discuss the issue that with the current three major redress mechanisms, Online Dispute Resolution (ODR), Country of Origin and Country of Destination. Yet, consumers trust still an issue. It is well recognized that Cross Border environment and Jurisdiction that give rise to the concerns. This paper raises perhaps more important is

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Galetin, Milena, and Viktória Csizmadiáné Czuppon. "IMPACT OF FOREIGN INVESTMENTS IN VESZPRÉM COUNTY AND THE BALATON REGION: A DIFFERENT APPROACH." In XVII majsko savetovanje. Pravni fakultet Univerziteta u Kragujvcu, 2021. http://dx.doi.org/10.46793/uvp21.171g.

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The importance of foreign investment for both foreign investors and host states (i.e. the economic development of the country receiving capital) is without question. Among the motives for cross-border movement of capital are profit making, entering new markets and cheaper production1. In that sense foreign investments are suitable tools which allow companies to expand their cross-border operations and possibility to become key economic players, locally and globally. The authors deal with the impact of foreign investment on local companies/local producers in Veszprém County and the Balaton Regi

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Varbanova, Gergana. "DIGITAL TRANSFORMATION IN THE PROCESS OF MEDIATION." In THE MEDIATION IN THE DIFFERENT PUBLIC SPHERES 2021. University publishing house "Science and Economics", University of Economics - Varna, 2021. http://dx.doi.org/10.36997/mdps2021.101.

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Digital transformation is a complex and long process in which technologies are used to optimize the time and costs that are invested in various activities of public life. By using the innovations and advances of information technology, the mediation process can become faster and more transparent, facilitate access to mediation in cross-border disputes and save significant costs and time for the parties in mediation proceedings. However, the process of digital transformation cannot be an end in itself, in order to be effective, digital transformation must ensure the security of information so t

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Varbanova, Gergana. "DIGITAL TRANSFORMATION IN THE PROCESS OF MEDIATION." In THE MEDIATION IN THE DIFFERENT PUBLIC SPHERES 2021. University publishing house "Science and Economics", University of Economics - Varna, 2021. http://dx.doi.org/10.36997/mdps2021.9.

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Digital transformation is a complex and long process in which technologies are used to optimize the time and costs that are invested in various activities of public life. By using the innovations and advances of information technology, the mediation process can become faster and more transparent, facilitate access to mediation in cross-border disputes and save significant costs and time for the parties in mediation proceedings. However, the process of digital transformation cannot be an end in itself, in order to be effective, digital transformation must ensure the security of information so t

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Drventić, Martina. "COVID-19 CHALLENGES TO THE CHILD ABDUCTION PROCEEDINGS." In EU 2021 – The future of the EU in and after the pandemic. Faculty of Law, Josip Juraj Strossmayer University of Osijek, 2021. http://dx.doi.org/10.25234/eclic/18323.

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While creating a new notion of everyday life, the COVID-19 pandemic also affects the resolution of cross-border family disputes, including the international child abduction cases. The return of an abducted child to the country of his or her habitual residence is challenged by travel restrictions, international border closures, quarantine measures, but also by closed courts or cancelled hearings. Those new circumstances that befell the whole world underline two issues considering child abduction proceedings. The first one considers access to justice in terms of a mere possibility of the applica

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