Resolution Methods For Art Related Disputes
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Resolution Methods For Art Related Disputes
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Author : Quentin Byrne-Sutton
language : en
Publisher:
Release Date : 1999
Resolution Methods For Art Related Disputes written by Quentin Byrne-Sutton and has been published by this book supported file pdf, txt, epub, kindle and other format this book has been release on 1999 with Dispute resolution (Law) categories.
The Settlement Of International Cultural Heritage Disputes
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Author : Alessandro Chechi
language : en
Publisher: OUP Oxford
Release Date : 2014-03-13
The Settlement Of International Cultural Heritage Disputes written by Alessandro Chechi and has been published by OUP Oxford this book supported file pdf, txt, epub, kindle and other format this book has been release on 2014-03-13 with Law categories.
The past forty years have seen a wide proliferation of disputes under international law concerning cultural heritage. These have included the restitution of stolen art objects or the protection of monuments. Unlike other fields of international law, international cultural heritage law does not have an ad hoc mechanism of dispute settlement. As a result, controversies are to be settled through negotiation or, if it fails, through existing dispute resolution means. This can result in similar cases being settled in different ways, thereby bringing about an incoherent and fragmentary enforcement of the law. This book offers a comprehensive and innovative analysis of the settlement of cultural heritage disputes. This examination is two-fold. First, it assesses the existing legal framework and the available dispute settlement means. Second, it explores the feasibility of two solutions for overcoming the lack of a specialized forum. The first is the establishment of a new international court. The second concerns existing judicial and extra-judicial fora and their interaction through the practice of 'cross-fertilization'. The book focuses on the substance of such interaction, and identifies a number of culturally-sensitive parameters (the 'common rules of adjudication'). It argues that existing judicial and non-judicial fora should adopt a cross-fertilizing perspective to use and disseminate jurisprudence containing these common rules of adjudication. It sets out how such an approach would enhance the effectiveness and coherence of decision-making processes and would be conducive to the development of a lex culturalis. This can be defined as a composite body of rules designed to protect cultural heritage by excluding the mechanical application of the norms established for standard business transactions of ordinary goods.
Online Dispute Resolution
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Author : Gabrielle Kaufmann-Kohler
language : en
Publisher: Kluwer Law International B.V.
Release Date : 2004-01-01
Online Dispute Resolution written by Gabrielle Kaufmann-Kohler and has been published by Kluwer Law International B.V. this book supported file pdf, txt, epub, kindle and other format this book has been release on 2004-01-01 with Law categories.
In a world governed by speed, the Internet plays a growing role in many of today's innovations, and the resolution of disputes using electronic means of communication may soon be part of everyday legal practice. This book offers a survey of the current state of play in online dispute resolution, from the methods and information technology currently in use to the range of regulatory solutions proposed by shareholders. Taking their analysis a step further, the authors also address this new field's most pressing issues, including possible amendments of existing legislation, treaties, and arbitration and other ADR rules. Online Dispute Resolution: Challenges for Contemporary Justice is an in-depth study of online dispute resolution today, discussing among other topics: the different methods of ODR; fields of use; ways to bring parties to online dispute resolution; validity and effects of clauses entered into online and providing for online mediation or arbitration; issues surrounding electronic communications and evidence in arbitration; and, enforcement of online dispute resolution outcomes, both through court proceedings and built-in enforcement mechanisms. This book also covers issues related to security and e-commerce in general. As a special feature, it contains a section on existing online dispute resolution providers, complete with interviews and statistics. Online Dispute Resolution: Challenges for Contemporary Justice is a significant resource for legal counsel, to arbitral institutions, ODR and ADR service providers, governments and governmental and non-governmental organizations, as well as to those with a more academic interest. This book will provide a greater understanding of online dispute resolution to persons in the fields of arbitration and ADR, e-commerce, intellectual property, civil procedure, international law, international trade and commerce, and information technology.
Cultural Law
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Author : James A. R. Nafziger
language : en
Publisher: Cambridge University Press
Release Date : 2010-11-01
Cultural Law written by James A. R. Nafziger and has been published by Cambridge University Press this book supported file pdf, txt, epub, kindle and other format this book has been release on 2010-11-01 with Law categories.
Cultural law is a new and exciting field of study and practice. The core themes of linguistic and other cultural rights, cultural heritage, traditional crafts and knowledge, the performing arts, sports, and religion are of fundamental importance to people around the world, engaging them at the grass roots and often commanding their daily attention. The related legal processes are both significant and complex. This unique collection of materials and commentary on cultural law covers a broad range of themes. Opening chapters explore critical issues involving cultural activities, artifacts, and status as well as the fundamental concepts of culture and law. Subsequent chapters examine the dynamic interplay of law and culture with respect to each of the core themes. The materials demonstrate the reality and efficacy of comparative, international, and indigenous law and legal practices in the dynamic context of culture-related issues. Throughout the book, these issues are presented at multiple levels of legal authority: international, national, and subnational.
Sports Arbitration A Coach For Other Players Asa Special Series No 41
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Author : Elliott Geisinger
language : en
Publisher: Juris Publishing, Inc.
Release Date : 2015-02-01
Sports Arbitration A Coach For Other Players Asa Special Series No 41 written by Elliott Geisinger and has been published by Juris Publishing, Inc. this book supported file pdf, txt, epub, kindle and other format this book has been release on 2015-02-01 with Arbitration and award categories.
Sports Arbitration: A Coach for Other Players? is not about sports arbitration. The reader may thus ask: Well, what is it about? Arbitration can take inspiration from other human activities, for instance sports. Does it follow that arbitration in general can take inspiration from sports arbitration? Can sports arbitration serve as an example, be it for better or worse? And if so, what are the limits of this? These questions are highly topical in today's world of arbitration. Faced with the increased duration and costs of arbitral proceedings, and with the perception that litigators instead of business people have taken over the process, more and more users are calling for a return to fast, inexpensive forms of dispute resolution that are conducted by persons of the trade. This has resulted in a series of initiatives to introduce trade-specific forms of dispute resolution based on fast-track arbitration proceedings in a wide range of business sectors.
The Art And Practice Of Mediation
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Author : Cheryl Ann Picard
language : en
Publisher:
Release Date : 2014-08
The Art And Practice Of Mediation written by Cheryl Ann Picard and has been published by this book supported file pdf, txt, epub, kindle and other format this book has been release on 2014-08 with Conflict management categories.
A Regulatory Framework For The Art Market
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Author : Anna Bolz
language : en
Publisher: Springer Nature
Release Date : 2022-11-24
A Regulatory Framework For The Art Market written by Anna Bolz and has been published by Springer Nature this book supported file pdf, txt, epub, kindle and other format this book has been release on 2022-11-24 with Law categories.
This book addresses practical issues in connoisseurship and authentication, as well as the legal implications that arise when an artwork’s authenticity is challenged. In addition, the standards and processes of authentication are critically examined and the legal complications which can inhibit the expression of expert opinions are discussed. The notion of authenticity has always commanded the attention of art market participants and the general art-minded public alike. Coinciding with this, forgery is often considered to be the world’s most glamorous crime, packed with detective stories that are usually astonishing and often bizarre. The research includes findings by economists, sociologists, art historians, lawyers, academics and practitioners, all of which yield insights into the mechanics and peculiarities of the art business and explain why it works so differently from other markets. However, this book will be of interest not only to academics, but to everyone interested in questions of authenticity, forgery and connoisseurship. At the same time, one of its main aims is to advocate best practices in the art market and to stress the importance of cooperation among all disciplines with a stake in it. The results are intended to offer guidance to art market stakeholders, legal practitioners and art historians alike, while also promoting mutual understanding and cooperation.
Cultural Property Law And Restitution
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Author : Irini A. Stamatoudi
language : en
Publisher: Edward Elgar Publishing
Release Date : 2011-01-01
Cultural Property Law And Restitution written by Irini A. Stamatoudi and has been published by Edward Elgar Publishing this book supported file pdf, txt, epub, kindle and other format this book has been release on 2011-01-01 with Political Science categories.
This invaluable book, for the first time, brings together the international and European Union legal framework on cultural property law and the restitution of cultural property. Drawing on the author's extensive experience of international disputes, it provides a very comprehensive and useful commentary. Theories of cultural nationalism and cultural internationalism and their founding principles are explored. Irini Stamatoudi also draws on soft law sources, ethics, morality, public feeling and the role of international organisations to create a complete picture of the principles and trends emerging today.
Resolving International Conflicts
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Author : Peter Hay
language : en
Publisher: Central European University Press
Release Date : 2009-01-01
Resolving International Conflicts written by Peter Hay and has been published by Central European University Press this book supported file pdf, txt, epub, kindle and other format this book has been release on 2009-01-01 with Law categories.
Dedicated to Tibor Vrady. Focuses on international private law and international arbitration.
The Expert Negotiator
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Author : Raymond Saner
language : en
Publisher: BRILL
Release Date : 2008-06-30
The Expert Negotiator written by Raymond Saner and has been published by BRILL this book supported file pdf, txt, epub, kindle and other format this book has been release on 2008-06-30 with Political Science categories.
Success in negotiation is not a matter of chance, but the result of careful planning and specialized skills. Some of these skills are inborn, others need to be learnt. In this book the social scientist and economist Professor Dr. Raymond Saner draws on his long years of experience as a negotiation adviser, teacher, trainer, researcher and university lecturer to show that twothirds of negotiation practice is learnable. Yet very few people are specifically trained in this everyday task. Without sacrificing scientific accuracy, Professor Saner offers a highly readable and fascinating guide to the subject. In so doing, he does not limit himself to the over-simplified tips generally put out on successful bargaining in every imaginable situation. Rather, he treats the different aspects of negotiation practice in a way that is useful to both academics and practitioners, such that the general laws and principles gradually become evident as and of themselves. The aim of this approach is to reveal the essence of negotiation through the experience of both the author and the reader. Such an understanding of the processes involved in negotiation is of far greater practical value than a mere collection of recipes with no discussion of the underlying theory, while the most comprehensive treatment of the theory without reference to its application in practice would be only half the story. Thus, the text is supplemented by a series of illustrative examples and case studies from the business, political, NGO and international organization arenas, plus some seventy figures and tables. With all this, the author has paid considerable attention to writing a text that is both entertaining to read and rigorous in content.