- Table View
- List View
Alternative Dispute Resolution in Energy Industries (Routledge Research in Energy Law and Regulation)
by Mustafa Oğuz TunaThe disputes that arise between host states and investors in the energy sector put a high number of valuable and vital projects in the countries at risk. Investment treaty arbitration mechanisms, as the traditional remedy, have provided a solution to these problems for decades. However, as the number of disputes increases, the sufficiency of arbitration in responding to disputes became questionable in addition to the long-lasting and costly cases. Accordingly, ADR mechanisms outside the arbitration cannon have triggered growing interest among practitioners. Despite the attraction and the apparent benefits of ADR such as being cheaper, faster and with better outcomes compared to arbitration, there are also hurdles in front that hinder the application of ADR. This has lead to the underuse of ADR in appropriate contexts. This study has been conducted to research the gap for the applicability of the ADR methods for investment disputes in the energy sector with the doctrinal analysis of the existing literature either promoting or opposing ADR. Its findings provide guidance for alternative dispute resolution practitioners on when to use ADR, how to use ADR and on what disputes ADR to be used to resolve conflicts in International Energy Investment.
Alternative Dispute Resolution in European Administrative Law
by Dacian C. Dragos Bogdana NeamtuThis book examines the role, the general framework and the empirical effectiveness of the main alternative dispute resolution tools (administrative appeals, mediation, and ombudsman) in administrative matters, within the broader context of the administrative justice system. The book uses approaches from the fields of law, public administration, public policy and political science to assess the importance of different instruments for alternative dispute resolution, with an emphasis on administrative appeals.
Alternative Dispute Resolution In A Nutshell (Nutshells Ser.)
by Jacqueline Nolan-HaleyAlternative Dispute Resolution in a Nutshell (Nutshells) 4th Edition
Alternative Dispute Resolution of Shareholder Disputes in Hong Kong: Institutionalizing Its Effective Use
by Mak Ida Kwan LunThe landscape of shareholder dispute resolution in Hong Kong has changed vastly since the launch of the Civil Justice Reform in 2009. Key initiatives - the voluntary court-connected scheme and reform of the statutory unfair prejudice provisions - were employed to promote the greater use of alternative dispute resolution (ADR) in shareholder disputes. While the Hong Kong government and judiciary introduced such schemes to prove the legitimacy of extra-judicial over court-based litigation processes, their success is still uncertain. In this book, socio-legal theory and sociological institutionalism are used to develop a theoretical framework for analyzing the key stages of institutionalization. The author analyzes how procedural innovations could acquire legitimacy through different types of legal and non-legal inducement mechanisms within the institutionalization process. Recommendations on codifying and innovating ADR policy in Hong Kong shareholder disputes made with comparison to similar policies in the United Kingdom, South Africa and New Zealand.
Alternative Finance: A Framework for Innovative and Sustainable Business Models (Routledge International Studies in Money and Banking)
by Mina Fanea-Ivanovici Hasnan BaberThe alternative financing space has grown exponentially in the last few decades, namely as a consequence of the financial crisis, technological advancement, niche customer segments, and more recently the pandemic. Now, with the inclusion of Fintech, online lenders, crowdfunding, accelerators, venture capitalists, or angel investors, this funding channel is no longer seen as a substitute for formal financing, but rather a core one. This book is a comprehensive guide to alternative financing methods, offering insights into emerging trends, the role of FinTech, and the intersection of finance with sustainability, innovation, and entrepreneurship.It fills a knowledge gap by exploring innovative financing channels such as fintech, green finance, and venture capital as well as other non-traditional ways of raising funds, which have become crucial for startups and businesses. It discusses the impact of financial technology (FinTech) on these methods and their function in supporting entrepreneurship and sustainable business, while also examining the implications of these technological advancements in the wider financial sector. It addresses challenges and opportunities for entrepreneurs and explores how alternative financing options can support growth and innovation, particularly in the context of environmentally and socially focused ventures, including how to integrate economic, social, and environmental considerations. The emphasis on sustainability and green finance aligns with the growing global concern for responsible business practices and the Sustainable Development Goals.While the primary audience for the book is scholars, researchers, and students, the inclusion of case studies, and the exploration of various financing options, extends practical cues for policymakers and practitioners and contributes to the understanding of how finance, entrepreneurship, and sustainability intersect in real-world business scenarios.
Alternative Litigation Financing in the United States
by Steven GarberAlternative litigation financing (ALF)--also known as "third-party" litigation financing--refers to provision of capital by parties other than plaintiffs, defendants, their lawyers, or defendants' insurers to support litigation-related activity. This paper describes the ALF industry as of early 2010 and discusses the legal ethics, social morality, and, especially, potential economic effects of ALF.
Alternative Medicine: A Critical Assessment of 150 Modalities
by Edzard ErnstAlternative medicine (AM) is hugely popular; about 40% of the US general population have used at least one type of alternative treatment in the past year, and in Germany this figure is around 70%. The money spent on AM is considerable: the global market is expected to reach nearly US $ 200 billion by 2025, with most of these funds coming directly out of consumers’ pockets. The reasons for this popularity are complex, but misinformation is certainly a prominent factor. The media seem to have an insatiable appetite for the subject and often report uncritically on it. Misinformation about AM on the Internet (currently about 50 million websites are focused on AM) is much more the rule than the exception. Consumers are thus being bombarded with misinformation on AM, and they are ill-protected from such misinformation and therefore prone to making wrong, unwise or dangerous therapeutic decisions, endangering their health and wasting their money. This book is a reference text aimed at guiding consumers through the maze of AM. The concept of the book is straightforward. It has two main parts. The first, short section provides essential background on AM, explaining in simple terms what is (and what is not) good, reliable evidence, and addressing other relevant issues like, for instance, the placebo response, informed consent, integrative medicine, etc. The second and main part consists of 150 short chapters, topically grouped and each dedicated to one single alternative therapeutic or diagnostic method. In each of them, seven critical points are raised. These points relate to issues that are important for consumers’ decisions whether it is worth trying the method in question. Restricting the discussion to just seven points means that issues must be prioritized to those themes which are most relevant in the context of each given modality.
Alternative Medicine: A Critical Assessment of 202 Modalities (Copernicus Books)
by Edzard ErnstAlternative medicine (AM) is popular; about 40% of the US general population have used alternative treatment in the past year, and in Germany this figure is around 70%. The global market is expected to reach nearly US $ 200 billion by 2025, with most of these funds coming directly out of consumers’ pockets. Consumers are bombarded with misleading and false information on AM and therefore prone to making wrong, unwise, or dangerous therapeutic decisions, endangering their health and wasting their money. This book is a reference text aimed at guiding consumers through the maze of AM. This second edition includes over 50 additional treatments as well as updates on many others.
Alternative Perspectives on Lawyers and Legal Ethics: Reimagining the Profession (Routledge Research in Legal Ethics)
by Francesca BartlettThe study of legal ethics and the legal profession has emerged as a distinct and important field of scholarship over the last 30 years. However, as in other disciplines, academic recognition can in turn entrench static and powerful meta-theories and narratives about professional ethos and practise, this collection seeks to disrupt this homogenising impulse and to present alternative voices by bringing together a range of international scholars writing about legal ethics and the legal profession. The book features significant and timely contributions which take contemporary and non-mainstream perspectives on the current and future shape of the legal profession. The essays not only describe the rapidly changing profession but canvas different approaches to scholarship on the legal profession. The collection seeks to explore a diverse and contextualised profession from a number of angles. Authors examine how the public sees lawyers and how lawyers see their own profession; how we practise law and how this practice shapes lawyers; how such cultural and professional practice intersects with institutional structures of the law to create certain legal outcomes; and how we regulate the legal profession to modify or institute ethical practice. The volume provides insights into legal culture and ethics from the perspective of authors from Australia, Canada, England, the United States, New Zealand and Kenya – a diversity of national perspectives that give valuable insights into developments in the profession at the local and global level. It also illustrates diversity within the profession by tracing differing professional career trajectories based on raced or gendered barriers, alternative ethical strategies and the impact of organisational cultures in which lawyers practice.
Alternative Remittance Systems and Terrorism Financing: Issues in Risk Mitigation
by Matteo VaccaniGovernments, through their regulatory bodies, typically regulate formal financial sector players such as banks, which can leave providers working in informal remittance systems outside regulatory channels. Value transfer services-financial transfers performed domestically or across borders on behalf of clients-are essential to the financial system, and as such, are often offered by both formal and informal actors. Law enforcement and counter-terrorism authorities are evaluating money and value transmission channels for vulnerabilities that may make these channels attractive for illicit use, including the financing of terrorism. 'Alternative Remittance Systems and Terrorism Financing: Issues in Risk Management' aims to help countries bring these informal alternative remittance systems into their counter-terrorism programs, without hindering the ability of those who depend on these systems to send and receive money at low cost.
Alternative Theories of the Firm (Humanistic Management)
by Michael PirsonThe Theory of the Firm is commonly viewed as axiomatic by business school academicians. Considerations spanning organizational structures, their boundaries and roles, as well as business strategies all relate to the theory of the firm. The dominant theory of the firm poses that markets act perfectly to maximize the well-being of society when people act to maximize the personal utility of their individual purchases and firms act to maximize financial returns to their owners. However, burgeoning evidence and discourse across the scientific and policy communities suggests that the economic, social, and environmental consequences of accepting and applying this theory in the organization of business and society threatens the survival of the human species, among countless others. This book provides the latest thinking on alternatives to the theory of the firm as cornerstone of managerial decision making. Authors explore and elucidate theories that help us understand a firm differently and suggest alternatives to the theory of the firm. This book will be of value to researchers, academics, practitioners, and students interested in leadership, strategic management, and the intersection of corporate interests and the wellbeing of society.
Alternative Visions of the International Law on Foreign Investment
by C. L. LimThis book is about the forces that are reshaping the international law on foreign investment today. It begins by explaining the liberal origins of contemporary investment treaties before addressing a current backlash against these treaties and the device of investment arbitration. The book describes a long-standing legal-intellectual resistance to a neo-liberal global economic agenda, and how tribunals have interpreted various treaty standards instead. It introduces our reader to the changes now taking place in the design of a range of familiar treaty clauses, and it describes how some of these changes are now driven not only by developing and emerging economies but also by the capital-exporting nations. Finally, it explores the life, career and writings of Muthucumaraswamy Sornarajah, a scholar whose work has been dedicated to the realisation of many of these changes, and his views about the hold global capital has over legal practice.
Alternatives to Imprisonment in England and Wales, Germany and Turkey: A Comparative Study
by Öznur SevdirenThe book focuses on one of the most problematic areas of Turkish penal justice: the overreliance on custodial measures and a corresponding growth in the prison population, and compares Turkey with two major European countries in this respect: England and Wales and Germany. The underlying question throughout the study is the extent to which prison alternatives can be seen as genuine alternatives to immediate custodial sentences.
Alternatives to Prison: Rehabilitation and Other Programs
by Craig RussellIn 2003, there were almost seven million criminals in the United States. But only about two million of them were behind bars. In Alternatives to Prison, you'll learn why those other five million people are out on parole or probation. You'll also learn about: rehabilitation, community service, boot camps, day reporting, house arrest, and what the future may hold for other alternatives to prison.
Alternde Gesellschaft im Wandel: Zur Gestaltung einer Gesellschaft des langen Lebens (Schriften zu Gesundheit und Gesellschaft - Studies on Health and Society #4)
by Christiane Woopen Anna Janhsen Marcel Mertz Anna GenskeDas Buch untersucht die inhaltlichen und strukturellen Herausforderungen, vor der unsere Gesellschaft angesichts einer stetig steigenden Lebenserwartung und einer zunehmenden Vielfalt unterschiedlicher Lebensentwürfe steht. Sind wir vorbereitet auf die Bedürfnisse einer alternden Bevölkerung? Wie sollen wir auf den demografischen Wandel reagieren, um ein würdevolles Altern sicherzustellen? Wie müssen wir die unterschiedlichen Lebensbereiche wie Arbeitswelt, Gesundheitsversorgung, Wohnen und Kultur gestalten und anpassen, um den veränderten Lebensläufen gerecht zu werden? Entlang der Dimensionen Alterung, Diversität und Technisierung widmen sich in diesem Band Experten aus Medizin, Ethik, Recht, Sozialwissenschaften, Pädagogik, Kunstgeschichte und Gerontologie Möglichkeiten und Bedingungen des ‚guten Alterns‘ in einer Gesellschaft des langen Lebens.
Altersgerechte digitale Kanäle: Webseiten und mobile Apps (essentials)
by Alireza Darvishy Hans-Peter Hutter Alexander SeifertWorauf müssen Sie als Auftrageber*in achten, wenn Sie eine altersgerechte Webseite oder eine mobile Applikation entwickeln lassen? Dieses Buch erklärt Ihnen, wie altersbedingte Einschränkungen sich auf die Nutzung von Webseiten und mobilen Applikationen auswirken. Wenn gerontologische Aspekte im Design von digitalen Kanälen nicht berücksichtigt sind, tendieren ältere Menschen dazu, auf das entsprechende Angebot zu verzichten. Deshalb müssen Webseiten und mobile Applikationen die Bedürfnisse älterer Menschen berücksichtigen. Im Buch finden Sie nützliche Empfehlungen, wie Sie dies tun können, damit Ihre Webseiten und mobilen Applikationen für alle leicht zu bedienen sind.
Althusser and Law (Nomikoi: Critical Legal Thinkers)
by Laurent De SutterAlthusser and Law is the first book specifically dedicated to the place of law in Louis Althusser’s philosophy. The growing importance of Althusser’s philosophy in contemporary debates on the left has - for practical and political, as well theoretical reasons - made a sustained consideration of his conception of law more necessary than ever. As a form of what Althusser called ‘Ideological State Apparatuses’, law is at the forefront of political struggles: from the destruction of Labour Law to the exploitation of Patent Law; from the privatisation of Public Law to the ongoing hegemony of Commercial Law; and from the discourse on Human Rights to the practice of judicial courts. Is Althusser still useful in helping us to understand these struggles? Does he have something to teach us about how law is produced, and how it is used and misused? This collection demonstrates that Althusser’s ideas about law are more important, and more contemporary, than ever. Indeed, the contributors to Althusser and Law argue that Althusser offers a new and invaluable perspective on the place of law in contemporary life.
Altruism: The Power of Compassion to Change Yourself and the World
by Matthieu RicardThe author of the international bestseller Happiness makes a passionate case for altruism--and why we need it now more than ever.In Happiness, Matthieu Ricard demonstrated that true happiness is not tied to fleeting moments or sensations, but is an enduring state of soul rooted in mindfulness and compassion for others. Now he turns his lens from the personal to the global, with a rousing argument that altruism--genuine concern for the well-being of others--could be the saving grace of the 21st century. It is, he believes, the vital thread that can answer the main challenges of our time: the economy in the short term, life satisfaction in the mid-term, and environment in the long term. Ricard's message has been taken up by major economists and thinkers, including Dennis Snower, Amartya Sen, Joseph Stiglitz, and George Soros.Matthieu Ricard makes a robust and passionate case for cultivating altruistic love and compassion as the best means for simultaneously benefitting ourselves and our society. It's a fresh outlook on an ardent struggle--and one that just might make the world a better place.
Altruism and Self-Interest in Democracies
by Richard JankowskiIndividuals have little incentive to vote, acquire political information or contribute campaign funds, because their vote has very little chance of affecting the outcome of an election. Jankowski offers an explanation and evidence for political participation based on the assumption that most individuals are weakly altruistic. Other proposed explanations of political participation (civic duty and expressive behavior) are not supported by the evidence, or fail to explain the many different forms of political participation, such as the acquisition of political information. Evidence is presented that liberals and conservatives are equally altruistic. Therefore, an explanation of why liberals and conservatives differ in their support of various government programs to help the needy is presented. Jankowski's analysis examines both the electoral and post-electoral phases of representative democracy.
Altruism in International Law
by Jason RudallMuch emphasis has been placed on the role that individualism, self-interest and reciprocity have in the formation and function of international legal rules. Rarely has attention been given to the presence of altruism in legal systems, let alone the international legal system. In a study that is the first of its kind in international legal scholarship, Altruism in International Law explores and analyses the emergence of altruistic legal relationships between states and people in other countries. The book also argues that the impulse for the emergence of these relationships is a cosmopolitan ideology, which co-exists with a persisting statist ideology, among the major actors in international law-making processes. Further still, the book reveals that individualistic legal norms are more often manifested as strict rules while altruistic legal norms find expression in flexible standards. This suggests that there is a connection between substance and form in international law.
Altruism Reconsidered: Exploring New Approaches to Property in Human Tissue (Medical Law and Ethics)
by Urban Wiesing Peter SýkoraAs the use of human body parts has become increasingly commercialized, a need has arisen for new approaches to regulation that moves beyond the paradigm of altruism. During the course of this discussion, the notion of property has become a key concept. Focusing on practical and conceptual perspectives, the multidisciplinary group of authors, which includes specialists in philosophy, law, sociology, biology and medicine, have come together with practicing lawyers to consider both legal provisions and patterns of regulation in countries across Europe. Identifying divergences between different legal traditions, the authors explore various conceptual models which could be used to improve and to guide policy making. With this twin focus on practical and conceptual perspectives, this volume sets the standard for a detailed and innovative discussion of issues surrounding the regulation of research on human tissue.
Altruism, Welfare and the Law (SpringerBriefs in Law #0)
by Charles Foster Jonathan HerringThis book is an assault on the notion that it is empirically accurate and legally and philosophically satisfactory to see humans as atomistic entities. It contends that our welfare is inextricably entangled with that of others, and accordingly law and ethics, in determining our best interests, should recognise the central importance of relationality, the performance of obligations, and (even apparently injurious) altruism.
Altruismus: Interdisziplinäre Perspektiven
by Dagmar Kiesel Sebastian Schmidt Thomas SmettanAltruismus scheint im Alltagsverständnis seinen uneingeschränkt positiven Ruf als ebenso wünschenswerte wie seltene Tugend verloren zu haben und durch ein Ethos des Eigennutzens ersetzt worden zu sein. Angesichts globaler Krisen wie dem Klimawandel, großer Flüchtlingsbewegungen, Kriege und Armut ist die Bereitschaft zur Verhaltensänderung bzw. zum Verzicht zugunsten kommender Generationen oder hilfsbedürftiger Menschen weniger selbstverständlich als das Phänomen der psychologischen Reaktanz und die Weigerung, Einschränkungen der persönlichen Freiheit oder des Konsums hinzunehmen. Zeitgenössische Ethikerinnen und Ethiker müssen sich demnach mit der Frage nach der Motivation für ein Handeln auseinandersetzen, das in erster Linie nicht dem eigenen Wohl, sondern dem Wohl anderer dient. In diesem Sinne beleuchtet der vorliegende Band das Thema Altruismus in seinen verschiedenen, wechselseitig aufeinander verweisenden Facetten: Wie ist das Wesen altruistischen Handelns zu bestimmen? Liegt Altruismus in der Natur des Menschen? Lässt sich Altruismus widerspruchsfrei in verschiedene Ethiktypen einordnen? Wie verstehen verschiedene philosophische Traditionen und Religionen den Altruismus? In welchem Verhältnis steht der Altruismus zum guten Leben? Und: Wie ist altruistisches Handeln motiviert? Da diese Fragen in verschiedenen Fachwissenschaften und mit unterschiedlichen Perspektivierungen gestellt werden, ist dieser Sammelband interdisziplinär konzipiert: Philosophie und Religionswissenschaft kommen ebenso zu Wort wie Verhaltensökonomie und Evolutionsbiologie. Auch anthropologische, soziologische und psychologische Zusammenhänge werden beleuchtet. Dementsprechend richten sich die hier versammelten Aufsätze an ein sehr breit gefächertes akademisches Publikum, aber auch an eine interessierte öffentliche Leserschaft außerhalb des universitären Kontexts. Mit Blick auf diese Zielgruppen führen die einzelnen Beiträge in das jeweilige Thema ein und präsentieren gleichzeitig eine eigene Forschungsposition der Autorin bzw. des Autors.
Altruistically Inclined?: The Behavioral Sciences, Evolutionary Theory, and the Origins of Reciprocity
by Alexander J. FieldAlexander J. Field is the Michel and Mary Orradre Professor of Economics at Santa Clara University.
Alumni Association: A Novel
by Michael RudolphThe acclaimed author of Noble Chase lays down the law with an irresistible tale of buried secrets and gloves-off legal combat at a secretive military school—for readers of John Grisham, Greg Iles, and Linda Fairstein. When young attorney Beth Swahn agrees to represent a former military academy facing demolition, what begins as a simple real estate litigation soon becomes a dangerously real threat. Beth’s stepfather, a founding partner at her law firm, is part of the now-shuttered school’s alumni association that’s determined to see its old campus preserved as a historical landmark, safe from developers’ bulldozers. But beneath the campus’s main building—once the nineteenth-century mansion of Napoleon Bonaparte’s older brother—runs an extensive network of tunnels, which may be where the alumni’s true interest lies . . . along with their school days’ darkest secrets. As more of the academy’s former cadets become entangled in the case, and millions of dollars mysteriously go missing, Beth faces increasingly treacherous legal landmines—and worse—in a case that could be more than just a career killer. Michael Rudolph’s gripping legal thrillers featuring Beth Swahn can be enjoyed together or separately: NOBLE CHASE • ALUMNI ASSOCIATION