osjdr

Upcoming Events

Symposium on Dispute Resolution in Special Education

Thursday, February 27, 2014
2:00 – 5:00 PM | Barrister Club

Friday, February 28, 2014
8:00 AM – 4:00 PM | Ohio Union

 

92 – International

ARTICLES

Matthew H. Adler, Figueiredo v. Peru: A Step Backward for Arbitration Enforcement, 32 Nw. J. Int’l L. & Bus. 38A (2012).
This article discusses the case of Figueiredo v. Peru. This author analyzes the decision of the Second Circuit in that case and the impact it can have on internationally arbitrated award settlements
{44} ARBITRATION—GENERAL
{92} SUBJ MATTER: INT’L
{122} SETTLEMENT: ENFORCEMENT OF SETTLEMENT OR AWARD
 
Jessica Beess und Chrostin, Recent Development, Sovereign Debt Restructuring and Mass Claims Arbitration Before the ICSID, The Abaclat Case, 53 HARV INT’L L.J. 505 (2012).
This article explores Abaclat v. The Argentive Republic, which created drastic change in the practice of arbitration. The author discusses the impact that the case is to have on arbitration including: the ability to join 60,000 claimants into one mass claim arbitration, jurisdiction to hear claims from certain Italian nationals against Argentine, and the impact on arbitration clauses.
{44} ARBITRATION—GENERAL
{92} SUBJ MATTER: INT’L
 
David J. Bederman, Jurisprudence of the Foreign Claims Settlement Commission: Albania Claims, 106 Am. J. Int’l L. 271 (2012).
This article discusses the history and the jurisprudence of the Claims Settlement Commission. It praises its effectiveness as a dispute resolution mechanism for claims arising between Albania and the United States.
{44} ARBITRATION—GENERAL
{92} SUBJ MATTER: INT’L

George A. Bermann, The “Gateway” Problem in International Commercial Arbitration, 37 Yale J. Int’l L. 1 (2012).
This article discusses how and when courts should decide preliminary issues in international arbitration. The author argues in favor of the courts adopting the U.S. approach to these preliminary issues because of the balance the approach provides between legitimacy and efficacy.
{44} ARBITRATION—GENERAL
{75} COMMERCIAL
{92} SUBJ MATTER: INT’L
 
Annie Bersagel, Is There a Stare Decisis Doctrine in the Court of Arbitration for Sport? An Analysis of Published Awards for Anti-Doping Disputes in Track and Field, 12 Pepp. Disp. Resol. L.J. 189 (2012).
Results of the study lend further support to the view that the CAS is developing its own body of private international legal precedent outside the purview of domestic legislation. Although CAS panels unambiguously reject the notion that they apply a doctrine of stare decisis, this study illustrates the de facto adherence to precedent by the panels.
{44} ARBITRATION—GENERAL
{92}SUBJ MATTER: INT’L
 
Robert C. Bird, Enforcement of Annulled Arbitration Awards: A Company Perspective and an Evaluation of a “New” New York Convention, 37 N.C.J. Int’l L. & Com. Reg. 1013 (2012).
This article analyzes the rules governing the use of annulled arbitration awards. The author also discusses the legal debate between scholars about its use.
{44} ARBITRATION—GENERAL
{92} SUBJ MATTER: INT’L
{122} SETTLEMENT: ENFORCEMENT OF SETTLEMENT OR AWARD
 
Rory Butler & Baptiste Weijburg, Do Anti-Suit Injunctions Still Have a Role to Play? An English Law Perspective, 24 U.S.F. Mar. L.J. 257 (2012).
The authors of this article argue that for English Courts, anti-suit injunctions are still effective outside of the European Union. To prevent parallel foreign suits, international contracts should contain exclusive English jurisdiction or arbitration clauses. This would allow English courts or arbitration tribunals to have exclusive control over contractual disputes.
{44} ARBITRATION—GENERAL
{92} SUBJ MATTER: INT’L
 
Irene M. Ten Cate, International Arbitration and the Ends of Appellate Review, 44 N.Y.U. J. INT’L L. & POL. 1109 (2012).
This article is about the arbitration process in international law. This author specifically wrote of appellate review in the arbitration process in commercial international law and the advantages and disadvantages of an appellate process.
{44} ARBITRATION—GENERAL
{92} SUBJ MATTER: INT’L
{75} SUBJ MATTER: COMMERCIAL
 
Luisa Corazza, In Search of Industrial Self-Regulation or Efficient Settlement of Employment Disputes? The Case of Italian Arbitration Reform, 33 Comp. Lab. L. & Pol’y J. 235 (2012).
In this article on Italian arbitration reform, the author delves into the reasons why the Italian legal system has been reluctant to expand, or at least reform, the country’s arbitration procedures.  The author explores these hesitations within the Italian context and then compares the Italian arbitration process to the rest of Europe and the United States.
{44} ARBITRATION—GENERAL
{92} SUBJ MATTER: IN’TL
{124} COMPARISONS: CROSS-CULTURAL
 
Gilles Cuniberti, Enhancing Judicial Reputation Through Legal Transplants Estoppel Travels to France, 60 Am. J. Comp. L. 383 (2012).
This article explains how and why the French Supreme Court has borrowed the common law doctrine of estoppel and applied it to the French Law of Arbitration. The importance of estoppel to international arbitrations is suggested as a reason for the French adoption of the concept.
{44} ARBITRATION—GENERAL
{92} SUBJ MATTER: INT’L
 
Joseph D’Agostino, Note, Rescuing International Investment Arbitration: Introducing Derivative Actions, Class Actions, and Compulsory Joinder, 98 Va. L. Rev. 177 (2012)
This article provides possible steps to reform the ICSID to ensure that it remains fair and viable for the future. Instead of a total comprehensive reform, the article argues that the ICSID should adopt derivative actions, class actions, and compulsory joinder concepts.
{44} ARBITRATION—GENERAL
{92} SUBJ MATTER: INT’L
 
Cristian DeFrancia, Enforcing the Nuclear Nonproliferation Regime: The Legality of Preventive Measures, 45 Vand. J. Transnat’l L. 705 (2012).
This article explains the worldwide efforts to limit the proliferation of nuclear weapons and details a few historical examples of negotiations that played a key role in preventing countries from possessing more nuclear weapons. Specifically, the article examines the 1994 negotiations between North Korea and former U.S. President Jimmy Carter to limit North Korea’s access to nuclear weapons.
{1} NEGOTIATION—GENERAL
{92} SUBJ MATTER: INT’L
{125} COMPARISONS: HISTORICAL

Katia Fach Gomez, LMM Perspective, Rethinking the Role of Amicus Curiae in International Investment Arbitration: How to Draw the Line Favorably for the Public Interest, 35 Fordham Int’l L.J. 510 (2012)
This article analyzes the use of amicus curiae briefs in international arbitration cases. The author examines the growing importance of amicus briefs in international investment arbitration, the reasons why amicus briefs generate controversy between developed and undeveloped countries in international arbitration cases, and suggestions on how to best protect the interests of developing nations in international investment arbitration cases through regulation of amicus brief submissions in such cases.
{44} ARBITRATION—GENERAL
{92} SUBJ MATTER: INT’L
 
Laurent Gouiffès & Lara Kozyreff, Commentary on the New French International Arbitration Law: Towards Quicker and More Efficient Arbitration Proceedings, 18 Colum. J. Eur. L. 45 (2012).
This article explores the evolution of arbitration practices in France—specifically the 2011 Decree which created a more flexible, liberal, quicker, and efficient method for parties to arbitrate.  Although still early in its jurisprudence, the article explores potential interpretations of the French court in regards to certain provisions.
{44} ARBITRATION—GENERAL
{92} SUBJ MATTER: INT’L
{125} COMPARISIONS: HISTORICAL
 
Edward F. Greene & Joshua L. Boehm, The Limits of “Name-and-Shame” in International Financial Regulation, 97 Cornell L. Rev. 1083 (2012).
In this piece, the author suggests empowering G-20’s Financial Stability Board with the ability to implement a dispute resolution mechanism in order to ensure compliance of international regulations. Such a mechanism would result in a binding order for coordinated action, potentially on very short notice.
{60} ADR—GENERAL
{92} SUBJ MATTER: INT’L
 
Keith Hand, Resolving Constitutional Disputes in Contemporary China, 7 E. Asia L. Rev. 51 (2012).
This article discusses the role of mediation in Chinese constitutional disputes.  “Grand Mediation,” as the author refers to it, could be a useful mechanism at various levels of constitutional disputes.  The author is not arguing that this should be used to replace traditional means of solving constitutional disputes; he merely analyzes this as a mechanism that can be used.
{21} MEDIATION—GENERAL
{92} SUBJ MATTER: INT’L

Julia Hueckel, Comment, Rebalancing Legitimacy and Sovereignty in International Investment Agreements, 61 Emory L.J. 601 (2012).
This article addresses investor-state arbitration and how disputes are resolved in front of an arbitral tribunal.  Because this process is becoming increasingly criticized, the author suggests more clarity in the agreements to make the process seem more legitimate.
{45} ARB: MANDATORY, COURT- ANNEXED—GENERAL
{92} SUBJ MATTER: INT’L
 
Robin Hui Huang & Shahla F. Ali, Governing Financial Disputes in China: What Have We Learned From the Global Financial Crisis of 2008?, 7 E. Asia L. Rev. 195 (2012).
This article explores the ways in which Chinese arbitration commissions are dealing with financial crises in the wake of the 2008 financial crisis.  It compares the strategies being used by local Chinese courts to the arbitration commissions.  The authors also propose strategies for reform.
{44} ARBITRATION—GENERAL
{92} SUBJ MATTER: INT’L
 
 
Daphna Kapeliuk, Collegial Games: Analyzing the Effect of Panel Composition on Outcome in Investment Arbitration, 31 Rev. Litig. 267 (2012).
This article analyzes statistics regarding arbitration panel outcomes, specifically individual arbitrator dissents in relation to which party appointed the arbitrator.  Both collegial courts and investment arbitration under ICSID are examined.  The author finds no statistically significant pattern of relationship between panels distinguished by the prior experience of party-appointed arbitrators and outcome.   The article concludes that the concerns over the legitimacy of unilateral appointments may be overstated.
{44} ARBITRATION—GENERAL
{92} SUBJ MATTER: INT’L
 
Shiri Krebs, Lifting the Veil of Secrecy: Judicial Review of Administrative Detentions in the Israeli Supreme Court, 45 Vand. J. Transnat’l L. 639 (2012).
In this article, 322 cases of administrative detentions and the role that forms of alternative dispute resolute, like negotiation and mediation, play in determining sentencing are analyzed. The author examines not only how negotiations impact initial sentences, but also the release of detainees. The author contends that the unequal bargaining positions of the parties in the negotiations often lead to unfair results.
{1} NEGOTIATION—GENERAL
{92} SUBJ MATTER: INT’L

Yaraslau Kryvoi, Counterclaims in Investor-State Arbitration, 21 Minn. J. Int’l. L. 216 (2012).
This article analyzes how many national tribunals are reluctant to allow counterclaims in arbitration procedures involving investor-state disputes.  The articles suggests that, absent provisions setting out investor obligations in international treaties, general principles of law, rather than domestic law, are appropriate to use in the arbitration of counterclaims.
{44} ARBITRATION—GENERAL
{92} SUBJ MATTER: INT’L
 
Jürgen Kurtz, The Shifting Landscape of International Investment Law and Its Commentary, 106 Am. J. Int’l L. 686 (2012)
This article reviews a book that discusses international investment arbitration and the role of investment treaties. It discusses how the arbitral case law is growing in this area, the role of trade agreements among different nations, and argues for certain reforms.
{44} ARBITRATION—GENERAL
{92} SUBJ MATTER: INT’L
 
Kate Lewins, International Recent Development: Australia, 36 Tul. Mar. L.J. 537 (2012).
This article details a selection of significant cases in Australian maritime law decided between 2010 and 2011 and examines the relationship between arbitration and maritime law. The article examines how arbitration agreements effect maritime issues, especially in an international context.
{44} ARBITRATION—GENERAL
{92} SUBJ MATTER: INT’L
 
Gonçalo Malheiro & Pedro Sousa Uva, The New Portuguese Law on Voluntary Arbitration, 18 Colum. J. Eur. L. 56 (2012).
This article admires and praises the recently passed and enacted reformed arbitration laws in Portugal.  The authors believe that because it is now in sync with United Nation arbitration laws, it will become a more attractive place for international arbitration proceedings.
{44} ARBITRATION—GENERAL
{92} SUBJ MATTER: INT’L
{144} LEGISLATION
Pedro J. Martinez-Fraga, Good Faith, Bad Faith, but Not Losing Faith: A Commentary on the 2010 IBA Rules on the Taking of Evidence in International Arbitration, 43 Geo. J. Int’l L. 387 (2012).
A review of the 2010 iteration of the International Bar Association (IBA) Rules on Taking of Evidence in International Arbitration. Organizing the taking of evidence is a necessary condition if international arbitration is to maximize its role as a legal dispute resolution counterparty to economic globalization. Although the IBA’s 2010 iteration constitutes a laudable effort, there is potential for problems inherent in the newly introduced standards for taking of evidence.
{44} ARBITRATION—GENERAL
{92} SUBJ MATTER: INT’L
{128} REQUIREMENTS: STATUTORY OR RULES
 
Ellie Norton, Comment, International Investment Arbitration and the European Debt Crisis, 13 Chi. J. Int’l L. 291 (2012).
This comment walks through the recent developments regarding sovereign debt and if it qualifies as an investment under certain treaties. The author goes on to discuss the how arbitration can benefit both creditors and debtors in international investment arbitration and outlines the benefits of arbitration.
{44} ARBITRATION—GENERAL
{92} SUBJ MATTER: INT’L
 
Theodora Nikaki, International Recent Development: United Kingdom, 36 Tul. Mar. L.J. 601 (2012).
This article analyzes recent developments in maritime law, specifically in and around the United Kingdom, and includes a discussion of how salvage awards are traditionally determined in arbitration. Two recent arbitration cases are analyzed. The author explains how the decisions in these two cases act as a departure from traditional holdings on salvage awards.
{44} ARBITRATION—GENERAL
{92} SUBJ MATTER: INT’L
{97} SUBJ MATTER: MARITIME
 
Yannick Radi, Realizing Human Rights in Investment Treaty Arbitration: A Perspective from within the International Investment Law Toolbox, 37 N.C.J. Int’l L. & Com. Reg. 1107 (2012).
This article involves the general absence of international human rights norms in international investment treaty arbitrations. The author discusses strategies that can balance investor interests with public and general interest, including human rights interests.
{44} ARBITRATION—GENERAL
{92} SUBJ MATTER: INT’L
{137} EFFECT OF PROCESS ON NON-PARTICIPATORY PARTIES
 
Rachel Reiser, Note, Applying Privilege in International Arbitration: The Case for a Uniform Rule, 13 Cardozo J. Conflict Resol. 653 (2012).
This note discusses approaches to privilege to rules and confidentiality standards. The author focuses on privilege in international arbitration and how grey the area can be. The author concludes that if rules and standards were pre-set and determined, most problems associated with privilege would be largely eradicated.
{44} ARBITRATION—GENERAL
{92} SUBJ MATTER: INT’L

Peter B. Rutledge, Trips and Bits: An Essay on Compulsory Licenses, Expropriation, and International Arbitration, 13 N.C. J.L. & Tech. On. 149 (2012)
The author argues that arbitration is critical in the field of international intellectual property disputes. Arbitration is, he argues, the best method of conflict resolution when there is a dispute between a nation-state and an investor. Further, arbitration has yet to prevail in this field because the mere threat of suit and arbitration protects the parties interests and maintains an adequate balance.
{44} ARBITRATION—GENERAL
{92} SUBJ MATTER: INT’L
 
Benjamin M. Saper, Note, The International Finance Corporation’s Compliance Advisor/Ombudsman (CAO): An Examination of Accountability and Effectiveness from a Global Administrative Law Perspective, 44 N.Y.U. J. INT’L L. & POL. 1279 (2012).
This article is about the office of the Compliance Advisor/Ombudsman of the International Finance Corporation and the Multilateral Investment Guarantee Agency, which reduces the accountability gap between multilateral development banks and individuals and groups affected by those banks. The author discusses these groups in general and possible solutions to make them more efficient.
{60} ADR—GENERAL
{92} SUBJ MATTER: INT’L
 
Joshua B. Simmons, Valuation in Investor-State Arbitration: Toward A More Exact Science, 30 Berkeley J. Int’l L. 196 (2012).
This work examines the rapidly expanding field of jurisprudence pertaining to investor-state arbitration. The difficulties in negotiating appropriate, mutually beneficial party settlements are discussed at length and suggestions are provided to improve the evolving international arbitration system.
{44} ARBITRATION—GENERAL
{92}SUBJ MATTER: INT’L
{122}SETTLEMENT: ENFORCEMENT OF SETTLEMET OR AWARD
 
Robert D. Sloane, On the Use and Abuse of Necessity in the Law of State Responsibility, 106 Am. J. Int’l L. 447 (2012).
This article discusses international investment arbitration and the role the state plays. It argues for a more uniform and objective standard for states that wish to play a role in international investment arbitration.
{44} ARBITRATION—GENERAL
{92} SUBJ MATTER: INT’L
 
Nathan Snyder, Putting Numbers to Feelings: Intellectual Property Rights Enforcement in China’s Courts–Evidence from Zhejiang Province Trademark Infringement Cases 2004-2009, 10 Nw. J. Tech. & Intell. Prop. 349 (2012).
This article address the growing trend in a particular province in China towards settling trademark disputes outside of adjudication. The author’s research notes a trend toward settling trademark disputes via mediation.
{21} MEDIATION—GENERAL
{92} SUBJ MATTER: INT’L
{124} COMPARISONS: CROSS-CULTURAL

S.I. Strong, What Constitutes an “Agreement in Writing” in International Commercial Arbitration? Conflicts Between the New York Convention and the Federal Arbitration Act, 48 Stan. J. Int’l L. 47 (2012)
This article investigates whether and to what extent a party must produce an “agreement in writing” when seeking to enforce an international arbitration agreement or award in a U.S. Federal court. Issues arise in how “agreement in writing” is defined in the Federal Arbitration Act and the 1958 New York Convention. The article describes the scope of problems associated with form requirements and makes suggestions for legislative and judicial reform.
{44} ARBITRATION—GENERAL
{92} SUBJ MATTER: INT’L
{122} SETTLEMENT: ENFORCEMENT OF SETTLEMENT OR AWARD

R. Zachary Torres-Fowler, Note, Undermining ICSID: How the Global Antibribery Regime Impairs Investor-State Arbitration, 52 Va. J. Int’l L. 995 (2012)
This article examines how the rapid growth of antibribery laws has impaired the ability of the ICSID to settle investor-state disputes. The article argues that antibribery laws and corruption provides a defense for states in investor-state arbitration.
{44} ARBITRATION—GENERAL
{92} SUBJ MATTER: INT’L

Kimberly R. Wagner, The Perfect Circle: Arbitration’s Favors Become Its Flaws in an Era of Nationalization and Regulation, 12 Pepp. Disp. Resol. L.J. 159 (2012).
Arbitration benefits in the international arena are quickly eroding, making way for other types of dispute resolution to replace it as it replaced litigation.
{44} ARBITRATION—GENERAL
{92} SUBJ MATTER: INT’L
Joanna Wasik, Note, Court Delays in Poland: Mediation as a Way Forward in Commercial Disputes, 43 Geo. J. Int’l L. 959 (2012)
This author proposes that increased use of mediation in commercial disputes could solve a problem with court delays in Poland and accelerate enforcement of contracts in that country. Creating a viable system of mediation will require revising the Polish 2005 Law on Mediation and efforts to promote mediation in the mainstream of Polish culture through educational and advertising tools.
{21} MEDIATION—GENERAL
{92} SUBJ MATTER: INT’L

Paul R. Williams, Earned Sovereignty: The Future of Sovereignty-Based Conflict Resolution, 40 Denv. J. Int’l L. & Pol’y 128 (2012).
This piece addresses methods and examples of dispute resolution in sovereignty-related disputes. The author presents a detailed explanation of the concept of earned sovereignty and its implementation in international disputes.
{60} ADR—GENERAL
{92} SUBJ MATTER: INT’L
 
Michael Wilson, Note, The Enron v. Argentina Annulment Decision: Moving a Bishop Vertically in the Precarious ICSID System, 43 U. Miami Inter-Am. L. Rev. 347 (2012).
This note describes a decision of the International Centre for Settlements of Investment Disputes (ICSID) in applying its annulment doctrine. Noting that ICSID’s annulment committee may have exceeded its authority, the writer argues that the committee’s holding was nevertheless justified, laudable, and critically important in delineating ICSID jurisprudence.
{44} ARBITRATION—GENERAL
{75} SUBJ MATTER: COMMERCIAL
{92} SUBJ MATTER: INT’L
{146} ORGANIZATION POLICIES & RULES

World Trade Organization WTO, WTO Dispute Settlement: One-Page Case Summaries: 1995-2011 (2012)
As the title suggests, this is a compilation of one-page summaries of World Trade Organization dispute settlement cases. The cases, organized by year, include a breakdown of the issue, timeline of the dispute, and the final resolution.
{60} ADR—GENERAL
{92} SUBJ MATTER: INT’L
 
Jason Webb Yackee, Investment Treaties and Investor Corruption: An Emerging Defense for Host States?, 52 Va. J. Int’l L. 723 (2012)
This article examines Siemens AG’s abandonment of a large arbitral award against Argentina after it was discovered the firm made large bribes to Argentinean officials. The article looks at corruption as a possible defense for investment treaty arbitration and ways to incorporate that defense into treaties.
{44} ARBITRATION—GENERAL
{92} SUBJ MATTER: INT’L

BOOKS

Neil Andrews, The Three Paths of Justice: Court Proceedings, Arbitration, and Mediation in England (2012).
The author offers an analysis of the English legal system, including all steps of the trial process. It examines the differences between traditional court proceedings and an entire range of dispute resolution techniques such as mediation and arbitration.
{60} ADR—GENERAL
{92} SUBJ MATTER: INT’L

Crina Baltag, The Energy Charter Treaty: The Notion of Investor (2012)
This book analyzes the Energy Charter Treaty and the treatment of investors. The author looks at the both the concept of investor and  investment.
{1} NEGOTIATION—GENERAL
{92} SUBJ MATTER: INT’L

Vijay K. Bhatia, Christopher N. Candlin & Maurizio Gotti, Discourse and Practice in International Commercial Arbitration: Issues, Challenges and Prospects (2012).
This book addresses the aspects of arbitration that are crucial to maintaining integrity and relevance in the international arena. Examples and opinions are provided from practitioners around the globe.
{44} ARBITRATION—GENERAL
{75} SUBJ MATTER: COMMERCIAL
{92} SUBJ MATTER: INT’L
 
Claude Cellich & Subhash Jain, Practical Solutions to Global Business Negotiations  (2012).
One of the most important skills for successful operation in foreign markets is the ability to negotiate effectively. Global business negotiations are influenced by the cultural backgrounds of the negotiators, including factors such as language, cultural conditioning, gestures and facial expressions, and formality. This book serves as a practical tool to address these societal negotiation differences while discussing the various strengths and weaknesses of the different negotiation strategies.
{1} NEGOTIATION—GENERAL
{92} SUBJ MATTER: INT’L

Richard Chernick, Barbara Reeves Neal & Daniel M. Kolkey, Practitioner’s Handbook on International Arbitration and Mediation (2012).
This book covers aspects of international arbitration and mediation. It is intended to make the reader a better practitioner in international arbitration or mediation. The book is divided into three parts: a general discussion of international arbitration, a general discussion of international mediation, and country specific applications.
{21} MEDIATION—GENERAL
{44} ARBITRATION—GENERAL
{92} SUBJ MATTER: INT’L
Danilo Di Mauro, The UN and the Arab-Israeli Conflict: American Hegemony and UN Intervention Since 1947 (2012)
This book explains the United Nations’ involvement in the Arab-Israeli conflict during the past sixty years. It describes the mediation activity of the UN and peace missions in the region, as well as the resolutions by the General Assembly and the Security Council.
{60} ADR—GENERAL
{92} SUBJ MATTER: INT’L

Guy Olivier Faure & Franz Cede, Unfinished Business: Why International Negotiations Fail (2012).
This book consists of a collection of essays discussing the benefits to studying international negotiations that have failed.  The book focuses on seven international case studies, analyzing the empirical results and offering recommendations for theory and practice.  The discussion involves types of negotiations ranging from bilateral to multilateral.
{1} NEGOTIATION—GENERAL
{92}SUBJ MATTER: INT’L
{125} COMPARISONS: HISTORICAL

Duncan French,  Nigel White& Matthew Saul, International Law and Dispute Settlement: New Problems and Techniques (2012).
This book focuses on the growth and complexity of the increased use of non-state actors to resolve differences through international dispute procedures and other legal mechanisms such as judicial settlement (courts and tribunals), arbitration, and what might be termed “extra-legal” means (international organizations, committees, inspection panels, and ombudsmen).
{44} ARBITRATION—GENERAL
{92} SUBJ MATTER: INT’L
 
Jason Fry, Simon Greenberg & Francesca Mazza, The Secretariat’s Guide to ICC Arbitration (2012).
Effectively a companion guide to the International Chamber of Commerce’s 2012 Rules, this book functions in large part as a “how-to” guide. The book provides analyses of the rules, and gives advice on ICC arbitration proceedings.
{44} ARBITRATION—GENERAL
{92} SUBJ MATTER: INT’L
{75} SUBJ MATTER: COMMERCIAL

Richard R. Gesteland, Cross-Cultural Business Behavior: A Guide for Global Management (2012).
This book provides guidance for international and cross-cultural negotiations, focusing not only on communication and negotiation, but also providing guidance on managing international operations. The author includes cultural negotiation profiles, cases, and examples to illustrate differences in cross-cultural negotiation behavior.
{1}  NEGOTIATION—GENERAL
{92} SUBJ MATTER: INT’L
{124} COMPARISONS: CROSS-CULTURAL
 
J. Michael Greig & Paul F. Diehl, International Mediation (2012).
This textbook provides an accessible and comprehensive guide to international mediation for students, practitioners, and general readers. It provides an empirically rich history of post-World War II mediation and draws on a wide range of compelling examples.
{21} MEDIATION—GENERAL
{92} SUBJ MATTER: INT’L

Grant Hanessian, ICDR Awards and Commentaries (2012)
This book is the first of a regular compilation of arbitration awards in cases administered by the International Center for Dispute Resolution (ICDR) of the American Arbitration Association. It features articles and commentaries by many leading figures in international arbitration ,summaries of important court decisions concerning ICDR arbitration cases in the United States, and the enforcement of ICDR awards outside the United States.
{44} ARBITRATION—GENERAL
{92} SUBJ MATTER: INT’L
{122} SETLEMENT: ENFORCEMENT OF SETTLEMENT OR AWARD
 
Carrie Menkel-Meadow, International Dispute Resolution  (2012).
This book explores the application of dispute resolution theory and practice to international conflicts and analyses the uses of everything from formal processes including diplomacy or treaty formation, to more informal processes such as multiple party negotiations. This volume also explores the problems that uniquely arise in international conflict resolution, such as dilemmas of universalism and particularism, and deference to community tribunals.
{60} ADR—GENERAL
{92} SUBJ MATTER: INT’L
Mary Ellen O’Connell, International Dispute Resolution : Cases and Materials (2012).
This casebook covers a wide range of topics relevant to students studying international dispute resolution.
{60} ADR—GENERAL
{92} SUBJ MATTER: INT’L
{155} TEACHING

 
Mark Powell, International Negotiations (2012)
This textbook provides an exhaustive walkthrough of the negotiation process with examples from many different sources to illustrate the proper tone and style in international negotiations. The author gives professors many different options for customizing a negotiation course, including simulations, teacher notes, and commentaries.
{1}  NEGOTIATION—GENERAL
{92} SUBJ MATTER: INT’L
{155} TEACHING
 
Arthur W. Rovine (Ed.), Contemporary Issues in International Arbitration and Mediation: the Fordham Papers 2011 (2012).
This book covers a wide range of issues with the resolution of international disputes. Articles included in the book cover topics ranging from investor-state arbitration, commercial arbitration, international arbitration generally, and mediation.
{21} MEDIATION—GENERAL
{44} ARBITRATION—GENERAL
{92} SUBJ MATTER: INT’L
 
Christina J. Schneider, Conflict, Negotiation and European Union Enlargement (2012).
This work critiques current theories of European Union enlargement for ignoring how European Union members and potential members negotiate the distribution of benefits and costs arising from enlargement. The author argues that European Union enlargement happens despite distributional conflicts if the overall gains of enlargement are redistributed from the relative winners among existing members and applicants to the relative losers.
{1} NEGOTIATION—GENERAL
{92} SUBJ MATTER: INT’L
{146} ORGANIZATION POLICIES & RULES

Robert A. Tamm (Ed.), International Climate Change Negotiation and Investment (2012).
This book explains the perspective of the United States on involvement in international commitments to climate change. Although not a party to the Kyoto Protocol, the United States is a party to the United Nations Framework Convention on Climate Change. This book gives a chronology of the negotiations of the United States concerning climate change.
{1} NEGOTIATION—GENERAL
{84} SUBJ MATTER: ENVIRONMENT
{92} SUBJ MATTER: INT’L

Valentina Vadi, Public Health in International Investment Law and Arbitration (2012).
This book examines the question of whether public health is, or should have, any relevance in investment law and policy by analyzing emerging case law of investment treaty arbitration. In analyzing investment treaty arbitration, the author focuses on differences between cultures in international investment law and public health and argues for new methods of reconciling public health and investor rights.
{44} ARBITRATION—GENERAL
{92} SUBJ MATTER: INT’L

Richard G. Whitman & Stefan Wolff, The European Union as a Global Conflict Manager (2012).
This book generally discusses ADR topics looking specifically at the role of the European Union in conflict mediation in international conflict. The book begins with a conceptual perspective and the institutional nature of European Union as a conflict manager and then proceeds to discuss the role of the European Union in different international conflicts.
{60} ADR—GENERAL
{92} SUBJ MATTER: INT’L