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While the current system of investment treaty arbitration has definitely improved upon the “gunboat diplomacy” used at times to address disputes between states and foreign investors, there are signs that reform is needed. Increasingly, states and investors express concerns regarding the...
Persistent link: https://www.econbiz.de/10013100330
How should lawyers negotiate? This Article outlines an empirical study of how lawyers rate each other's negotiation behaviors. After discussing what skills are needed for effective negotiation behavior, the Article then looks more closely at how family lawyers in particular are negotiating....
Persistent link: https://www.econbiz.de/10012779686
Many scholars have made the argument that the trial is disappearing from use in the American legal system. In response to Marc Galanter's piece, A World without Trials?, this Essay argues that, in fact, the rest of the world is moving toward trials for a host of international legal disputes....
Persistent link: https://www.econbiz.de/10012779689
The question of dispute resolution systems for international organizations is of growing importance. Not only has there been a plethora of new international and regional organizations created in the last decade, but this trend is likely to continue. There are numerous proposals for multilateral...
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This article provides a current look at how lawyers actually negotiate and should serve to shatter the myth that adversarial bargaining is more effective and less risky than problem-solving. The data reported herein is based on a wide-ranging study that asked lawyers to evaluate the negotiation...
Persistent link: https://www.econbiz.de/10012755308
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This article discusses the phenomenon of female leadership and the dual roles associated with female leaders in the United States by examining statistics concerning women in leadership roles and coverage of the 2008 Presidential election. It goes on to explore situations when women leaders may...
Persistent link: https://www.econbiz.de/10014201333
Dispute Systems Design (DSD), the process of creating structures to deal with repeated or systemic disputes, can be applied to both the most mundane and the most horrific of conflicts. We know that human rights violations can be perpetrated by governments or non-state actors, can be regional or...
Persistent link: https://www.econbiz.de/10014213194