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Nordic Mediation Research

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ISBN: 9783319730189 9783319730196 Year: Pages: 269 DOI: https://doi.org/10.1007/978-3-319-73019-6 Language: English
Publisher: Springer Grant: Københavns University
Subject: Law
Added to DOAB on : 2018-06-29 14:24:48
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This open access book presents twelve unique studies on mediation from researchers in Denmark, Finland, Norway and Sweden, respectively. Each study highlights important aspects of mediation, including the role of children in family mediation, the evolution and ambivalent application of restorative justice in the Nordic countries, the confusion of roles in court-connected mediation, and the challenges in dispute systems. Over the past 20-30 years, mediation has gained in popularity in many countries around the world and is often heralded as a suitable and cost-effective mode of conflict resolution. However, as the studies in this volumes show, mediation also has a number of potential drawbacks. Parties’ self-determination may be jeopardized, affected third parties are involved in an inadequate way, and the legal regulations may be flawed. The publication can inspire research, help professionals and policymakers in the field and be used as a textbook.

Außergerichtliche Konfliktlösung in der Antike

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Book Series: Global Perspectives on Legal History ISBN: 9783944773087 9783944773186 Year: Pages: 182 DOI: 10.12946/gplh9 Language: German|English
Publisher: Max Planck Institute for European Legal History
Subject: Law --- History
Added to DOAB on : 2019-04-17 11:21:03
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"Antiquity is often utilized as a reference to provide a historical dimension for contemporary phenomena. This also holds true for the prevailing scientific discourse on alternative or adequate remedies of dispute resolution. In this context, historical perspectives seem to be in vogue as narratives to legitimize one or another role model, whereas studies on practical examples from ancient legal orders tend not to be given serious consideration in the current debate.
Just as in the case of contemporary legal research, ancient legal history also distinguishes litigation at court from other mechanisms of conflict resolution. Nevertheless, where do the boundaries of judicial and extra-judicial mechanisms of dispute resolution lie within the framework of ancient societies? Are they alternatives in a narrower sense? Is there evidence for concerning the reason there was no (or at least no exclusive) judicial decision? This volume offers a selection of studies of pertinent illustrative material pertaining to these questions. While the relevant sources stemming from the prehistorical period, the Ancient Near East, Hellenistic Egypt and Classical Roman law may vary greatly, this just serves to widen our perspective on ancient times.
Heidi Peter-Röcher focuses on strategies of conflict resolution in prehistoric times corresponding to different forms of violence. Hans Neumann, Susanne Paulus, Lena Fijałkowska and Alessandro Hirata delve into case studies situated in the Ancient Near East from Sumerian to Neo-Babylonian times. Three other contributions examine Graeco-Roman Antiquity: Marc Depauw considers non-Greek, i.e., demotic, material from a Hellenistic kingdom, Anna Seelentag embraces the phenomenon of public clamour in the Roman Republic, and Christine Lehne-Gstreinthaler provides a fresh look at the classical arbitration from the perspective of ancient legal history."

Eli Lilly and Beyond

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Book Series: Munich Intellectual Property Law Center – MIPLC ISBN: 9783845293110 Year: Volume: 33 Pages: 84 DOI: http://dx.doi.org/10.5771/9783845293110 Language: en
Publisher: Nomos Verlagsgesellschaft mbH & Co. KG
Subject: Law
Added to DOAB on : 2018-11-05 12:58:39
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Through the emergence of several high-profile investment arbitration cases, the effects of IPRs as investments covered under IIAs have finally come to light. The latest award, the only arbitration case dealing with patents as IPRs – the Eli Lilly v. Canada case – has brought up a number of interesting questions. Two of Eli Lilly's patents have been revoked, whereupon the company tried to redeem them through investment arbitration. One of the claims put forward by Eli Lilly is that his legitimate expectations, a standard of protection found in international investment law, have been frustrated by Canada. By allegedly failing to observe its obligations contained in Chapter 17 of the NAFTA, Canada frustrated the legitimate expectations of Eli Lilly. The thesis tries to analyze how the relationship between international IP treaties and legitimate expectations functions.

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