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This chapter consists of an empirical statistical study of the settlement rates of the US federal and state court civil proceedings. It concludes that less than 1 percent of all civil proceedings are adjudicated pursuant to a jury trial. In nonjury trial proceedings, a paradigm that in many conceptual aspects resembles an ICA arbitral tribunal, approximately 83 percent of proceedings are concluded pursuant to a final judgment after the end of all first instance judicial labor. The factual bases for the high settlement rate pervading federal and state civil judicial proceedings are examined in detail. The text explores the extent to which such grounds providing for settlement in a judicial context are transposable to ICA. The conclusion is reached that ICA cases only settle at a rate of approximately 27 percent because stakeholders structurally cannot engage in timely risk assessment. This figure is lower in investor–state dispute settlement proceedings.
This chapter concerns the international protection of human rights. It first traces the development of international human rights law from the initial positivist doctrine of strict state sovereignty to the changes wrought by the League of Nations and the minority protection and mandate regimes and to the advent of the United Nations. Basic principles such as domestic jurisdiction and the exhaustion of local remedies are noted and references are made to the COVID-19 pandemic and responses thereto. The core principles of the UN system of human rights protection are then discussed, ranging from the protection of collective rights, non-discrimination and self-determination. The UN implementation system is then examined from the various political bodies, such as the Human Rights Council to the expert bodies established by UN organs, such as the Human Rights Committee. This is followed by an examination of the range of regional human rights bodies from the European Court of Human Rights to the Inter-American Court of Human Rights and the African Court of Human and Peoples’ Rights.
This book examines how constitutional courts can sustainably contribute to advancing democratic norms in hybrid regimes, i.e. regimes that are neither fully democratic nor fully authoritarian. Using a comparative approach analysing cases from across the globe, particularly from Hong Kong, Pakistan, and Uganda, Julius Yam makes the case that courts can assume a democracy-enhancing role to mitigate the problems arising from hybrid regimes. The book reveals the challenges faced by courts in performing such a role. It also proposes an adjudicative framework that systematically integrates principled judging with judicial strategy, and suggests non-adjudicative techniques that judges can adopt to reinforce democracy. While theoretical in substance, this book is informed by empirical studies and draws on a wide range of disciplines, including law, political science, sociology and psychology. The book will be a key resource to judges, academics, and practitioners who are interested in the study of democracy and courts. Its insights are particularly pertinent in an age of democratic backsliding and resurgence of authoritarianism. This title is also available as open access on Cambridge Core.
This book explores the seminal importance of the first UN Conference on the Human Environment in Stockholm 1972 – the Stockholm Conference – for the development of international environmental law. By bringing together world leading experts from academia and legal practice, the book charts the development of international environmental law in the 50 years since 1972 in the areas of nature and biodiversity, chemicals and waste, oceans and water, and atmosphere and climate, and with respect to structures and institutions, consumption and production, and human rights and participatory rights in environmental matters. It analyses how the ideas and concepts of the Stockholm Conference have influenced this development and explores the novel ideas that have emerged since then. It describes the approaches of the developed and developing countries in this process and the relationship between international environmental law and other areas of law, such as the law of the sea and international economic law.
In the UK, lawyers of the 'Judicial Power Project' – a group largely based at elite universities with close ties to far-right figures in the US and Europe – rail against 'judicial overreach'. In this groundbreaking book, David Dyzenhaus investigates the ideology of this group, contending that their true aim is to establish rule by an illiberal executive under the guise of benefitting the 'common good'. Dyzenhaus makes a powerful argument that this is a fundamentally illiberal ideology with roots in authoritarian thought from the 1930s, one which threatens to take a wrecking ball to the rule of law and democracy. The War against Law offers a fascinating examination of these lawyers' ideas against the backdrop of the 2024 Rwanda Act, which required rendering asylum seekers in the UK to Rwanda. The debates both before and after the Act make concrete profound questions about the nature of the rule of law and its role in a liberal democracy.
Written against the backdrop of ten years of visits and studies in 220 Gothic cathedrals, Gothic iconic local churches, and neo-Gothic cathedrals, this Element examines the idea of historical religious structures as 'hybrid media spaces' using grounded theory and communication and media approaches to capture the processes of communicating and erasing Christian processes of excommunicating in contemporary secular society. They show that at the current pace of societal conditions, cathedrals and iconic churches labeled as Gothic style are becoming the new platform for religious hybrid media practices and connections between religious and non-religious approaches.
Taking a text, cases and materials approach, this book remains the main student textbook on European company law, providing valuable insights into the subject and shedding light on its future development. Textboxes for explanatory content, cases and materials – such as EU legislation, official documents and excerpts from scholarly papers – are clearly differentiated from the text, allowing students to quickly identify sources. Each chapter also includes suggestions for further reading. Structured in seven parts, the book explores topics ranging from what European company law is, and the common rules for the establishment, financing and accounting of a company, to corporate governance, the structure of the Societas Europaea Statute, EU company law directives, capital markets and takeover law, and insolvency. The book is an essential resource for the growing number of graduate courses on European company law, European business law, and comparative corporate law.
Clergy formed a distinct and privileged group in later medieval society as regarded violent crime. Church law was intended to protect them from it, induce them to avoid it, and exempt them from secular justice following it. But in practice, were the clergy so separate from the violent culture around them and different from the laymen who dominated it? In the first full-length study of this subject in the later medieval period, Peter Clarke shows that clergy accused of violent and other crimes increasingly submitted to secular justice like laymen, seeking clerical immunity only as a last resort. It reveals that church authorities, in providing legal redress for clerical victims of lay violence, sought to heal divisions between laity and clergy, not to deepen them. Additionally, it explores the motives and contexts behind clerical involvement in violent crime, both as perpetrators and victims, revealing that clergy often acted similarly to laymen.
The Constitution of 1789 is a new introduction to the Constitution written on the semiquincentennial of American Independence, packed with novel and surprising insights about the Constitution's original meaning. The book takes the reader on an in-depth tour of the Constitution's structure and separation of powers, starting with the nature of written constitutions and the compound nature of the American Union. The book also explores the enumeration of legislative powers and its relation to the historic royal prerogatives, the meaning of executive power, and the distribution of foreign affairs and war powers between Congress and the President. It investigates the nature of judicial power and the Constitution's complex relationship with slavery, before addressing federalism and the scope of national powers. The Constitution of 1789 dismantles several common misconceptions and conventional wisdoms and is suitable for all readers interested in the law, politics, and history of the American Republic.
Commercial Arbitration: The Scottish and International Perspectives thoroughly analyses the Arbitration (Scotland) Act 2010 and the most important current issues arising from international commercial arbitration. Legal case studies comparing Scots and international practice provide you with a practical insight to the various aspects of arbitration. The international practice chapters include UNCITRAL Model Law, UNCITRAL Arbitration Rules, institutional arbitration rules and International Bar Association arbitration guidelines.
International administrations are still being considered as a solution to many difficult conflicts globally. This book develops a new understanding of sovereignty, focusing on how international officials make claims to rule. Nicolas Lemay-Hébert argues that sovereignty is best understood as a set of practices, more precisely struggles between actors vying to assert their political authority and another set of actors striving to keep this political authority under check. This book examines all the cases of international administrations by the League of Nations and the United Nations, focusing on how international officials have made claims to assert their political authority over specific territories and populations. It also reviews all the accountability demands expressed by local actors and how these demands shape the future practices of international administrations.
This groundbreaking volume shatters many longstanding myths about the Declaration of Independence. Although states-rights advocates have long claimed that the Declaration created thirteen independent nations, Carlton F. W. Larson shows that the Declaration announced the birth of a new nation: the United States of America, a nation governed by an unwritten constitution in which the states were confederated and subject to national authority from the very beginning. Larson counters libertarian claims that the Declaration views government as a necessary evil, demonstrating instead how it embraces constitutionalism, active government, and the rule of law as positive goods. Along the way, Larson debunks other myths, such as the notion that the Declaration is the parchment text enshrined in the National Archives and that it was authored by Thomas Jefferson. By exploring the true meaning of the Declaration of Independence, One Nation Under Law helps us better understand America itself.
The Cambridge Handbook of AI in Civil Dispute Resolution is the first global, in-depth exploration of how artificial intelligence is transforming civil justice. Moving past speculation, it showcases real-world applications-from predictive analytics in Brazil's courts to generative AI in the Dutch legal system and China's AI-driven Internet Courts. Leading scholars and practitioners examine the legal, ethical, and regulatory challenges, including the EU AI Act and emerging governance frameworks. With rich case studies and comparative insights, the book explores AI's impact on access to justice, procedural fairness, and the evolving public–private balance. Essential reading for legal academics, policymakers, technologists, and dispute resolution professionals, it offers a critical lens on AI's promise-and its limits-in reshaping civil dispute resolution worldwide.
Human rights and humanitarian diplomacy provides an up to date and accessible overview of the field, and serves as a practical guide to those seeking to engage in human rights work. Pease argues that while human rights are internationally recognised, important disagreements exist on definition, priority and implementation. With the help of human rights diplomacy, these differences can be bridged, and a new generation of human rights professionals will build better relationships.
International organisations are a central component of modern international society. This book provides a concise account of the principles and norms of international law applicable to the intergovernmental organisation (IGO). It defines and explains inter-governmentalism and the role of law in its regulation. The book presents case studies that show how the law works within an institutional order dominated by politics. After a note on the key relationship between the IGO and its member states, it examines the basic relationship between the UN and states in terms of membership through admissions, withdrawal, expulsion, suspension, and representation. The debate about the extent of the doctrine of legal powers is addressed through case studies. Institutional lawmaking in the modern era is discussed with particular focus on at the impact of General Assembly Resolutions on outer space and the Health Regulations of the World Health Organization. Non-forcible measures adopted by the UN and similar IGOs in terms of their legality (constitutionality and conformity to international law), legitimacy and effectiveness, is covered next. The different military responses undertaken by IGOs, ranging from observation and peacekeeping, to peace enforcement and war-fighting, are discussed in terms of legality and practice. The book also considers the idea of a Responsibility to Protect and the development of secondary rules of international law to cover the wrongful acts and omissions of IGOs. It ends with a note on how the primary and secondary rules of international law are upheld in different forms and mechanisms of accountability, including courts.