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Books on the topic 'Settlement And enforcement'

Author: Grafiati

Published: 4 June 2021

Last updated: 4 February 2022

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1

P, Ryan Michael. Interim report on judicial capacity regarding intellectual property: Enforcement and dispute settlement. International Intellectual Property Institute, 2002.

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2

Takata, Christine Ann. Catlaw legal access workbook: Illinois child support modification and enforcement : law basics, settlement, trial, appeal. C.A. Takata, 2000.

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3

Audits, California Bureau of State. Department of Insurance: Recent settlement and enforcement practices raise serious concerns about its regulation of insurance companies. Bureau of State Audits, 2000.

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4

United States. Congress. Senate. Committee on the Judiciary. Amending Title 31 of the United States Code to increase settlement authority and expand coverage relating to claims for damages resulting from law enforcement activities: Report (to accompany S. 604). U.S. G.P.O., 1989.

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United States. Congress. Senate. Committee on the Judiciary. Amending Title 31 of the United States Code to increase settlement authority and expand coverage relating to claims for damages resulting from law enforcement activities: Report (to accompany S. 604). U.S. G.P.O., 1989.

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6

Foreseen but not prevented: The Israeli law enforcement authorities handling of settler attacks on olive harvesters. B'Tselem, 2002.

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7

Fan long duan zhi fa he jie zhi du: Guo jia gan yu qi yue hua zhi lan shang = Settlement System of Antitrust Law Enforcement : Origination of State Intervention Contracting. Zhongguo fa zhi chu ban she, 2013.

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8

Poppe, Christian. Gjeldsordningslovens første leveår: En evaluering av lovens konsekvenser for namsmenn, kreditorer og skyldnere = The Act of voluntary and compulsory debt settlement for private individuals : its concequences [sic] for enforcement officers, creditors, and debitors. Statens institutt for forbruksforskning, 1993.

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9

Harahap, M. Yahya. Arbitrase: Ditinjau dari Reglemen Acara Perdata (Rv), Peraturan prosedur BANI, International Centre for the Settlement of Investment Disputes (ICSID), UNCITRAL arbitration rules, Convention on the Recognition and Enforcement of Foreing [sic] Arbitral Award, PERMA no. 1 tahun 1990. 2nd ed. Sinar Grafika, 2001.

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10

Advanced Family Law Seminar (6th 1990 Richmond, Va.). Post-divorce modification and enforcement: It's not over 'til it's over--will it ever be over? Virginia Law Foundation, 1990.

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11

Through aboriginal eyes: The cry from the wilderness. WCC Publications, 1991.

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12

Women, National Action Committee on the Status of. Brief on Bills C-47 and C-48: Divorce and Corollary Relief ct, and Famil Orders Enforcement Assistance Act ; from the National Action Committee on the Status of Women. National Action Committee on the Status of Women, 1985.

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13

Dergunova, Viktoriya, and Anastasiya Prokopova. Analysis of legal regulation and judicial practice of resolving disputes between parents about children. INFRA-M Academic Publishing LLC., 2021. http://dx.doi.org/10.12737/1218051.

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The monograph is a comprehensive study of the current practice of resolving cases on determining the place of residence of children, the procedure for communicating with them separately living parents and other relatives; restriction and deprivation of parental rights; on the departure of children outside the Russian Federation and return within the framework of the Convention on Civil Aspects of International Child Abduction of 1980, the Convention on Jurisdiction, Applicable Law, Recognition and Enforcement and Cooperation in relation to Parental Responsibility and Measures for the Protectio

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14

Governing through globalised crime: Futures for international criminal justice. Willan, 2008.

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15

Aboriginal Australians: Black responses to white dominance, 1788-1994. 2nd ed. Allen & Unwin, 1994.

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16

Aboriginal Australians: Black responses to white dominance, 1788-2001. 3rd ed. Allen & Unwin, 2002.

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17

A, Rosen Richard, ed. Settlement agreements in commercial disputes: Negotiating, drafting & enforcement. Aspen Law & Business, 2000.

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18

Bown, Chad P., and Kara M. Reynolds. Trade Agreements and Enforcement: Evidence from WTO Dispute Settlement. The World Bank, 2015. http://dx.doi.org/10.1596/1813-9450-7242.

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19

Stephen, Jagusch. 15 Enforcement. Oxford University Press, 2015. http://dx.doi.org/10.1093/law/9780199687862.003.0015.

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This chapter discusses the enforcement of financial awards in international financial disputes. It explains the presumptive validity of arbitral awards and the ‘pro-enforcement’ approach to the recognition and enforcement of awards under the New York Convention and national arbitration statutes. It considers the limited grounds on which enforcement of an award may be challenged under Article V of the New York Convention, and the circumstances in which the courts of Contracting States may adjourn or suspend recognition proceedings pending the resolution of actions to annul an award in the arbit

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20

Rosen, Richard A. Settlement Agreements in Commercial Disputes : Negotiating, Drafting, and Enforcement (2 Volume Set). Aspen Law & Business Publishers, 2000.

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21

Bown, Chad P., and Bernard M. Hoekmanm. Developing Countries And Enforcement Of Trade Agreements : Why Dispute Settlement Is Not Enough. The World Bank, 2008. http://dx.doi.org/10.1596/1813-9450-4450.

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22

Trevor C, Hartley. Part III Recognition and Enforcement, 19 Brussels and Lugano: Authentic Instruments and Court Settlements. Oxford University Press, 2017. http://dx.doi.org/10.1093/law/9780198729006.003.0019.

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This chapter deals with the enforcement of two special kinds of legal instruments: authentic instruments and court settlements. Both are contracts and derive their validity from the consent of the parties. They normally acknowledge the indebtedness of one party to the other. Court settlements are usually concluded to put an end to a dispute. The special feature of both instruments is the way in which they are concluded, and it is this which gives them a special status in the country of origin, often equivalent to <i>res judicata</i>. What is striking about the provisions on these i

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23

United States. Congress. Senate. Committee on the Judiciary. Amending Title 31 of the United States Code to increase settlement authority and expand coverage relating to claims for damages resulting from law enforcement activities: Report (to accompany S. 604). U.S. G.P.O., 1989.

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24

Oliveira Junior, Marcio de, and Paulo Burnier da Silveira. Guidelines as a Tool to Promote Competition Enforcement in Brazil. Oxford University Press, 2018. http://dx.doi.org/10.1093/oso/9780198810674.003.0015.

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This chapter presents CADE’s experience with the use of guidelines to promote competition enforcement in Brazil. This instrument enables competition authorities to send clear messages to the private sector and strengthen legal certainty in the application of competition legislation. In recent years, CADE has issued a few new competition guidelines, namely for compliance programmes, leniency agreements, settlement agreements, and gun jumping. In addition, the former Merger Horizontal Guidelines have been replaced, and at least one other guideline is in the pipeline for merger remedies. These gu

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25

Federal Communications Commission: International settlement rates. The Office, 1997.

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26

August, Reinisch. Part VI The Post-Award Phase, 29 Enforcement of Investment Treaty Awards. Oxford University Press, 2018. http://dx.doi.org/10.1093/law/9780198758082.003.0029.

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Investment arbitration between States and private parties is mostly pursued according to the International Centre for Settlement of Investment Dispute (ICSID) Convention and under various institutional or ad hoc arbitration rules leading to arbitral awards, which are regarded as foreign arbitral awards in the sense of the 1958 Convention on the Recognition and Enforcement of Foreign Arbitral Awards. This chapter distinguishes between enforcement possibilities offered by the New York Convention for non-ICSID awards and the special enforcement regime for ICSID awards laid down in the ICSID Conve

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27

Negotiated settlements: An enforcement option. CEPA Office, Environment Canada, Environmental Protection, 1994.

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28

(Canada), CEPA Office, ed. Negotiated settlements: An enforcement option. The Office, 1994.

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29

Reinmar, Wolff. 6 The Arbitral Award. Oxford University Press, 2016. http://dx.doi.org/10.1093/law/9780199676811.003.0006.

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This concluding chapter examines the arbitral award given at the outcome of the arbitration proceedings. It describes the different ways German arbitration law resolves the dispute — by decision of the arbitral tribunal and by settlement of the parties — and the rules which the arbitral tribunal applies when deciding on the merits and costs. Traditionally, arbitration is characterized by, on the one hand, largely flexible arbitral proceedings and, on the other hand, an outcome, the award that not only is tantamount to a state court judgment but also is equipped with restricted remedies and fac

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30

Georgetown University. Continuing Legal Education Division., ed. Georgetown University Law Center, Continuing Legal Education Division presents, Environmental compliance: Civil and criminal enforcement actions and settlement approaches, Wednesday, September 30-Thursday October 1, 1987. The Center, 1987.

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31

Von Triest nach Osttimor: Der völkerrechtliche Rahmen für die Verwaltung von Krisengebieten durch die Vereinten Nationen. Springer, 2008.

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32

Trevor C, Hartley. Part III Recognition and Enforcement, 16 Recognition and Enforcement of Judgments: Introduction. Oxford University Press, 2017. http://dx.doi.org/10.1093/law/9780198729006.003.0016.

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This chapter considers the recognition and enforcement of judgments under Brussels 2012, Lugano 2007, and the Hague Convention. The relevant provisions are in Chapter III of Brussels and Lugano (and for authentic instruments and court settlements, Chapter IV); in Hague the relevant provisions are in Chapter III. These provisions apply only to judgments, authentic instruments, and court settlements from States covered by the instrument in question. Brussels applies only to Member States of the European Union; Lugano applies only to States to which Lugano applies; and Hague applies only to State

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33

Katia, Yannaca-Small. Part VI The Post-Award Phase, 27 Annulment of ICSID Awards: Is it Enough or Is Appeal around the Corner? Oxford University Press, 2018. http://dx.doi.org/10.1093/law/9780198758082.003.0027.

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The International Centre for Settlement of Investment Dispute (ICSID) Convention prevents domestic courts from reviewing any decisions issued by ICSID panels. ICSID awards are therefore immune from challenges brought before national courts which may have a local bias or be subject to the influence of the host government. This chapter discusses (i) the scope and application of annulment of ICSID awards under the ICSID Convention; (ii) the grounds for annulment; (iii) the stay of enforcement as a requirement that often accompanies an application for annulment; and, (iv) the proposals related to

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34

Margaret L, Moses. IV Trust Arbitration as a Matter of International Law, 20 International Enforcement of an Arbitration Provision in a Trust: Questions Involving the New York Convention. Oxford University Press, 2016. http://dx.doi.org/10.1093/law/9780198759829.003.0020.

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This chapter considers whether an arbitration clause that requires all disputes arising out of a trust instrument to be arbitrated can be enforced under the United Nations Convention on the Recognition and Enforcement of Foreign Arbitral Awards, more commonly known as the New York Convention. To address the question of whether a mandatory arbitration provision in a trust instrument falls within the scope of the Convention, a court must consider: whether the dispute is capable of settlement by arbitration; whether there is an agreement in writing to arbitrate the subject of the dispute and whet

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35

Tancredi, Antonello. Enforcing WTO Law. Oxford University Press, 2017. http://dx.doi.org/10.1093/acprof:oso/9780198746560.003.0021.

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This chapter provides a brief analysis of the enforcement tools foreseen in the WTO dispute settlement mechanism. It focuses in particular on some of the peculiarities which differentiate them from the EU legal system. As the analysis shows, the relevance of reciprocity and post-litigation negotiations between States influences the legal nature of the WTO dispute settlement system, which today remains to a large extent a mixed or hybrid system. This contrasts one of the mantras diffused in the legal scholarship immediately after the entry into force of the Uruguay Round Agreements. It also rep

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36

Ian A, Laird, Sabahi Borzu, Sourgens Frédéric Gilles, Birch Nicholas J, and Duggal Kabir. International investment law and arbitration. Oxford University Press, 2014. http://dx.doi.org/10.1093/law-iic/9780199386321.016.0002.

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This chapter is organized into five sections, focusing on issues addressed by tribunals and courts in 2012 related to Jurisdiction, Merits, Compensation and Non-pecuniary Remedies, Procedure and Annulment, and Enforcement of Awards. Section A discusses the grounds for jurisdictional challenge by respondents. Section B provides a summary review of the merits decisions of the past year, showing that the fair and equitable treatment standard remains a primary basis for the awards of tribunals, with a resurgence of decisions by tribunals accepting that investments were expropriated without compens

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37

Mark, Mangan, Reed Lucy, and Choong John. 2 Legal Framework for Arbitration in Singapore. Oxford University Press, 2014. http://dx.doi.org/10.1093/law/9780199657216.003.0002.

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This chapter presents the legislative framework and the enforcement of awards in Singapore to discuss its arbitration process. Two statutes regulate arbitration in Singapore — the International Arbitration Act (IAA), which governs international arbitrations held in Singapore, and the Arbitration Act (AA), which governs the non-international arbitrations in Singapore. The chapter examines how courts lend their support and exercise supervisory powers over arbitrations seated in Singapore. Awards rendered pursuant to the International Convention on the Settlement of Investment Disputes (ICSID) Co

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38

John, Choong. 2 Legal Framework for Arbitration in Singapore. Oxford University Press, 2018. http://dx.doi.org/10.1093/law/9780198810650.003.0002.

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This chapter addresses the legal framework for the conduct of arbitration and the enforcement of awards in Singapore. It begins with a look at the legislative framework for arbitration in Singapore, covering the history of arbitration regulation in Singapore, the scope of the Singapore International Arbitration Act, the Arbitration Act that regulates domestic arbitration in Singapore, and the International Centre for Settlement of Investment Disputes. It then considers the way in which Singapore courts lend their support to, and exercise supervisory powers over, arbitrations seated in Singapor

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39

Jeffery, Commission, and Moloo Rahim. 11 Post-Award Applications. Oxford University Press, 2018. http://dx.doi.org/10.1093/law/9780198729037.003.0011.

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This chapter focuses on International Centre for Settlement of Investment Disputes (ICSID) and UNCITRAL tribunal practice on post-award applications. It begins with a discussion of certain post-award remedies under the ICSID Convention and ICSID Additional-Facility arbitral rules, including requests for supplementary decision, rectification/correction, interpretation and revision. It then considers annulment under the ICSID Convention, with emphasis on the conduct and procedure for annulment proceedings, the number of annulment applications and rates of success, and the constitution and compos

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40

Charles, Gheur, and Petit Nicolas 1978-, eds. Alternative enforcement techniques in EC competition law: Settlements, commitments and other novel instruments. Bruylant, 2009.

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41

Charles, Gheur, and Petit Nicolas 1978-, eds. Alternative enforcement techniques in EC competition law: Settlements, commitments and other novel instruments. Bruylant, 2009.

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42

Ince, Onur Ulas. Letters from Sydney. Oxford University Press, 2018. http://dx.doi.org/10.1093/oso/9780190637293.003.0005.

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This chapter examines Wakefield’s political economic arguments and policy proposals for the colonial settlement of Australasia as a systematic solution to the demographic problems of overpopulation in Britain and underpopulation in Britain’s colonies. It is argued that Wakefield’s theory of “systematic colonization” aimed to protect the British capitalist civilization from social revolution at home and frontier barbarism in the colonies. Equating capitalist civilization with wage labor, Wakefield planned for the creation of a legally free yet structurally dependent colonial labor force. This w

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43

Perrone, Nicolás M. Investment Treaties and the Legal Imagination. Oxford University Press, 2021. http://dx.doi.org/10.1093/oso/9780198862147.001.0001.

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Foreign investors have a privileged position under investment treaties. They enjoy strong rights, have no obligations, and can rely on a highly efficient enforcement mechanism: investor–state dispute settlement (ISDS). This extraordinary status has made international investment law one of the most controversial areas of the global economic order. Unsurprisingly, its origin and evolution have been the subject of a long debate. This book adds to the discussion by showing that foreign investor rights are not the result of unpredicted arbitral interpretations, but rather the likely outcome of a wo

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44

Boyle, Alan, and Catherine Redgwell. Birnie, Boyle, and Redgwell's International Law and the Environment. 4th ed. Oxford University Press, 2021. http://dx.doi.org/10.1093/he/9780199594016.001.0001.

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Birnie, Boyle, and Redgwell's International Law and the Environment places legislation on the protection of the environment firmly at the core of its argument. It uses sharp and thorough analysis of the law, sharing knowledge and experience. The chapters provide a unique perspective on the implications of international regulation, promoting a wide understanding of the pertinent issues impacting upon the law. The text starts by looking at international law and the environment. It looks at the rights and obligations of states concerning the protection of the environment. The text also considers

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45

Wählisch, Martin. Peace Settlements and the Prohibition of the Use of Force. Edited by Marc Weller. Oxford University Press, 2016. http://dx.doi.org/10.1093/law/9780199673049.003.0046.

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This chapter explores the relationship between peace settlements (which encompass truces, armistices, ceasefires, and peace agreements) and the prohibition of the use of force. It begins by discussing the role of peace treaties in prohibiting the use of force, the consequences of non-compliance with peace settlements, and previous experiences in enforcing ceasefires and peace agreements. It then considers the elements of the applicable normative framework in international law, including the legal basis of peace treaties and the legal consequences of their breach. The chapter concludes by analy

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46

Bodansky, Daniel, Jutta Brunnée, and Ellen Hey, eds. The Oxford Handbook of International Environmental Law. Oxford University Press, 2008. http://dx.doi.org/10.1093/oxfordhb/9780199552153.001.0001.

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This book takes stock of the major developments in international environmental law, while exploring the field's core assumptions and concepts, basic analytical tools, and key challenges. It aims to strike a balance between practical preoccupations and critical or theoretical reflection. Each chapter examines an issue that is central to scholarly debates or policy development. The book consists of forty-seven chapters in seven parts. Part I sets the stage, identifying overarching issues. Part II offers readers a range of theoretical lenses through which to analyse both the problems facing inter

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47

Gaeta, Paola, Jorge E. Viñuales, and Salvatore Zappalá. Cassese's International Law. Oxford University Press, 2020. http://dx.doi.org/10.1093/he/9780199231287.001.0001.

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This book provides an authoritative account of international law. It preserves and extends Antonio Cassese’s exceptional combination of a historically informed, conceptually strong, and practice-infused analysis of international law, comparing the treatment of most issues in classical international law with the main subsequent developments of this constantly evolving field. Part I of the book covers the origins and foundations of the international community. Part II is about the subjects of the international community, including States, international organizations, individuals, and other inter

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48

The fourth annual ABA Environmental Enforcement Conference: A major briefing and update of significant civil and criminal environmental enforcement issues, decisions, settlements, goals and trends. American Bar Association, 1994.

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49

Katia, Yannaca-Small, ed. Arbitration Under International Investment Agreements. Oxford University Press, 2018. http://dx.doi.org/10.1093/law/9780198758082.001.0001.

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Investor-state arbitration is a form of dispute settlement that allows foreign investors the opportunity to seek compensation for damages or discriminatory practices, most of which arise out of breaches of treaty obligations by the governments of host countries. With a high level of public interest involved in these cases, the awards of these tribunals are subject to much scrutiny and debate. As a result, up-to-date knowledge of the key topics of investment arbitration is integral for those practicing in the field, especially given the rapid development of international investment law. This bo

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50

Tolbert, Gregory. Washington's use of innovative settlements in environmental administrative penalty enforcement actions: A comprehensive empirical assessment and primer for improvement. 1994.

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