The New York Convention is regarded as one of the most successful treaties in the past fifty-five years in the field of transnational business law, more specifically, international commercial arbitration. Its simplicity and brevity in wording but complexity and diversity in application have triggered endless discussions, debates and writings. Rethinking the New York Convention û A Law and Economics Approach for the first time offers a unique jurisprudence-oriented analysis by applying two major analytic approaches, namely, Darwinian legal theory and game theory.
"Dychtwald and Morison offer a brilliant and convincing perspective: an essential re-think of what 'aging' and 'retirement' mean today and an invitation to help mobilize the best in the tidal wave of Boomer Third Agers." —Daniel Goleman, PhD, Author, Emotional Intelligence: Why It Can Matter More Than IQ Throughout 99 percent of human history, life expectancy at birth was less than 18 years. Few people had a chance to age. Today, thanks to extraordinary medical, demographic, and economic shifts, most of us expect to live long lives. Consequently, the world is witnessing a powerful new version of retirement, driven by the power and needs of the Baby Boomer generation. Consumers over age 50 account for more than half of all spending and control more than 70% of our total net worth – yet are largely ignored by youth-focused marketers. How will work, family, and retirement be transformed to accommodate two billion people over the age of 60 worldwide? In the coming years, we'll see explosive business growth fueled by this unprecedented longevity revolution. What Retirees Want presents the culmination of 30 years of research by world-famous "Age Wave" expert Ken Dychtwald, Ph.D., and author and consultant Robert Morison. It explains how the aging of the Baby Boomers will forever change our lives, businesses, government programs, and the consumer marketplace. This exciting new stage of life, the "Third Age," poses daunting questions: What will "old" look like in the years ahead? With continued advances in longevity, all of the traditional life-stage markers and boundaries will need to be adjusted. What new products and services will boom as a result of this coming longevity revolution? What unconscious ageist marketing practices are hurting people – and business growth? Will the majority of elder boomers outlive their pensions and retirement savings and how can this financial disaster be prevented? What incredible new technologies of medicine, life extension, and human enhancement await us in the near future? What purposeful new roles can we create for elder boomers so that the aging nations of the Americas, Europe, and Asia capitalize on the upsides of aging? Which pioneering organizations and companies worldwide have created marketing strategies and programs that resonate with the quirky and demanding Boomer generation? In this entertaining, thought-provoking, and wide-ranging book, Dychtwald and Morison explain how individuals, businesses, non-profits, and governments can best prepare for a new era – where the needs and demands of the "Third Age" will set the lifestyle, health, social, marketplace, and political priorities of generations to come.
The management of international organizations is attracting growing attention. Most of this attention is highly critical of both the UN system and International NGOs. Sometimes, this criticism lacks depth or reflects insufficient understanding of these organizations, or is based on narrow, and sometimes biased, internal political concerns of a particular country. International relations theory has insufficiently studied the type of linkages that these organizations provide between international decision-making and Northern fundraising on the one hand, and practical action in the South on the other. As a result, current theory too rarely focuses on the inner functioning of these organizations and is unable to explain the deficiencies and negative outcomes of their work. While the authors identify and describe the pathologies of international organizations in, for example, international diplomacy, fundraising, and implementation, they also stress positive elements, such as their intermediary role. The latter, in particular, could form the basis of more efficient and effective policies, in addition to other recent trends, also described in this volume, that hold hope for a stronger functioning of these organizations in the future. This book presents a long overdue empirical and theoretical overview of criticism on and cures for these organizations. It provides a fundamental rethinking of current approaches to the management of international organizations.
The contributors to this volume consider whether it is possible to establish carefully tailored hate speech policies that are cognizant of the varying traditions, histories and values of different countries. Throughout, there is a strong comparative emphasis, with examples (and authors) drawn from around the world. All the authors explore whether or when different cultural and historical settings justify different substantive rules given that such cultural relativism can be used to justify content-based restrictions and so endanger freedom of expression. Essays address the following questions, among others: is hate speech in fact so dangerous or harmful to vulnerable minorities or communities as to justify a lower standard of constitutional protection? What harms and benefits accrue from laws that criminalize hate speech in particular contexts? Are there circumstances in which everyone would agree that hate speech should be criminally punished? What lessons can be learned from international case law?
This Handbook offers academics and practitioners a one-stop-shop entry into the subject of international arbitration, and the ways in which it is discussed today.
Numerous jurisdictions worldwide have augmented their ratification of the New York Convention of 1958 with the UNCITRAL Model Law 1985 (UML), which takes a giant step forward toward global uniformity in legal application and understanding of the arbitration process. This book develops a standard or benchmark for the UML objective of uniformity, using the relevant legislation and case law of Hong Kong, Singapore, and Australia to consider whether a uniform approach to implementation of the UML and its interpretation is being achieved across those jurisdictions. The author’s methodological tools are eminently adaptable to other jurisdictions. Given the importance of the ability to set aside an arbitral award, the body of case law on setting aside and the directly related area of enforcement, the emphasis throughout is on Article 34. In addition, the study considers: - the meaning of uniformity in law and in the context of the UML; - the correct approach to interpretation of the UML pre and post Article 2A; - the interpretational relationship between the UML and the Convention on Contracts for the International Sale of Goods (CISG); - the relationship between the UML and the New York Convention; - the degree of textual uniformity of Article 34 with the three jurisdictions focused on; and - the degree of applied uniformity of Article 34 both in terms of juristic methodology and similarity of results. The author, with more than thirty years of practice in the field of commercial arbitration in Hong Kong, has had access to voluminous cases spanning decades and brings his specialist expertise to the subject. This book considers whether the UML has succeeded in its aim of achieving uniformity. It serves as a guide, both academic and practical, to exploring and adopting the correct approach to the interpretation of the UML as well as to the method of classification of court decisions under the UML. This study is of immeasurable academic and practical value.
After 9/11, which triggered a global debate on public diplomacy, 'PD' has become an issue in most countries. This book joins the debate. Experts from different countries and from a variety of fields analyze the theory and practice of public diplomacy. They also evaluate how public diplomacy can be successfully used to support foreign policy.
Theory, Law and Practice of Maritime Arbitration The Case of International Contracts for the Carriage of Goods by Sea Eva Litina It is estimated that over 80% of global trade by volume is carried by sea, making maritime transport a cornerstone of the global economy. Most disputes in the shipping industry are settled by distinctive, private arbitral proceedings that are best understood by a close examination of the standard form contracts that are used in practice and of the case law arising therefrom. Extrapolating insightfully from these sources, the author of this book examines in depth the phenomenon of maritime arbitration with a specific focus on contracts for the carriage of goods by sea. She offers the first comprehensive and comparative analysis of arbitral practice in the three jurisdictions where the most frequently selected maritime arbitral seats are located: London, New York, and Singapore. An analysis of the applicable rules and relevant case law in each jurisdiction provides the basis from which a comparative assessment of maritime arbitral seats is achieved. The book addresses the following key aspects of maritime arbitration: maritime arbitration’s definition, origins, theoretical underpinnings, socioeconomic context, and significance; the maritime-specific reasons for wide use of ad hoc versus institutional arbitration; the international instruments governing arbitration in contracts for the carriage of goods by sea; the shipping industry’s pursuit of self-regulation via standard form contracts; the arbitration agreement contained in standard form charterparties and bills of lading; maritime arbitration’s unique approach to judicial review, confidentiality, and arbitrator impartiality; the specific dispute resolution objectives that compel a comparative assessment of maritime arbitral seats; and the future of maritime arbitration in light of international political, financial, and technological developments. In addition to the three main maritime arbitral seats, the analysis touches on maritime arbitration in other relevant jurisdictions, such as Hong Kong, Greece, Japan, and Korea, thus affording a comparison of the process in common and civil law jurisdictions. The book concludes by considering the potential impact of the current international political landscape, and suggesting future perspectives and research in international maritime arbitration. An important addition to scholarship in this field of law, the book’s thorough assessment of the merits of the competing maritime arbitral seats—and its specific focus on maritime disputes—will prove of significant importance to arbitrators, law firms, in-house counsel of shipping companies, international organizations, and arbitration institutions and associations. Practitioners will discover all tools necessary to examine any case before the main maritime arbitral seats with full awareness of each applicable legal regime and its distinguishing features.
[In this text, the author] provides [an] exploration of legal and moral justifications for humanitarian intervention ... He opens new analytic vistas and provides a foundation for resolving conflicts over the content of the law. He [also] applies the framework in masterly examinations of intervention in Bosnia, Somalia, Rwanda, Haiti, and Kosovo.-Back cover.
