Category Archives: Mediation

New titles added to the Library in May, 2011

To request any of these titles, please send an email to circlib@tjsl.edu

New Titles for the Center for Law & Social Justice
3 titles

Handbook on Mediation
American Arbitration Association
KF9084 .H363 2010
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The How-to-Win Appeal Manual: Winning Appellate Advocacy in a Nutshell
Ralph Adam Fine
KF9050 .F56 2008
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Manual on Domestic Violence
Nancy K.D. Lemon
KFC1121.4 .L46 2009
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New Titles for the Center for Law & Intellectual Property
4 titles

Biotechnology and the Federal Circuit
Kenneth J. Burchfiel
KF3133.B56 B87 2009
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Cameras in the Courtroom: Television and the Pursuit of Justice
Marjorie Cohn and David Dow             Faculty Publication
KF8726 .C63 2011 (Lobby Display)          
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Counseling Clients in the Entertainment Industry
KF390.E57 C66
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Creative License: The Law and Culture of Digital Sampling
Kembrew McLeod and Peter DiCola; with Jenny Toomey and Kristin Thomson
KF3035 .M35 2011
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New Titles for the Center for Global Legal Studies
5 titles

The Evolving International Investment Regime: Expectations, Realities, Options
edited by Jose E. Alvarez and Karl P. Sauvant; with Kamil Gerard Ahmed and Gabriela P. Vizcaino
K3829.8 .C648 2007
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Five Masters of International Law: Conversations with R-J Dupuy, E. Jimenez de Arechaga, R. Jennings, L. Henkin, and O. Schachter
Antonio Cassese
KZ3900 .F58 2011
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International Law
edited by Malcolm D. Evans
KZ1242 .I573 2010
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National Courts and the International Rule of Law
Andre Nollkaemper
K302 .N65 2011
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Les Successions, Les Liberalites
Philippe Malaurie
KJV1329 .M257 2010
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New Titles for the Center for Law and Social Justice

Blessed are the Peacemakers: Martin Luther King Jr., Eight White Religious Leaders, and the “Letter from Birmingham Jail”
S. Jonathan Bass
F334.B69 B37 2002
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Citizenship and its Exclusions: A Classical, Constitutional, and Critical Race Critique
Ediberto Roman
K3224 .R66 2010
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A Company of One: Insecurity, Independence, and the New World of White-Collar Unemployment
Carrie M. Lane
HD5724 .L276 2011
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Feminist Legal History: Essays on Women and Law
edited by Tracy A. Thomas and Tracey Jean Boisseau
KF478 .F46 2011
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The Law of Green Buildings: Regulatory and Legal Issues in Design, Construction, Operations, and Financing
edited by J. Cullen Howe and Michael B. Gerrard
KF5701 .L39 2010
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Mediation Ethics: Cases and Commentaries
edited by Ellen Waldman
KF9084 .M435 2011 (Lobby Display)
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Modern Constitutional Law
William J. Rich
KF4550 .A75 2011
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Negotiating Sovereignty and Human Rights: International Society and the International Criminal Court
Sibylle Scheipers
KZ6310 .S353 2009
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The One Percent: A Film
Jamie Johnson; a Wise & Good Film presentation
VIDEO HB835 .O54 2007 DVD-ROM (Reserve)
ThomCat

Schools for Misrule: Legal Academia and an Overlawyered America
Walter Olson
KF272 .O474 2011
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Student Loan Law
Deanne Loonin; contributing author, Geoff Walsh
KF4235 .L66 2010
ThomCat

National Mediation Month

May is National Mediation Month.  Check out the mediation materials on display in the Library.

What is it to Mediate? According to www.thefreedictionary.com:

me·di·ate

1. To resolve or settle (differences) by working with all the conflicting parties: mediate a labor-management dispute.

2. To bring about (a settlement, for example) by working with all the conflicting parties.

3. To effect or convey as an intermediate agent or mechanism. Verb.

1. To intervene between two or more disputants in order to bring about an agreement, a settlement, or a compromise.

2. To settle or reconcile differences.

3. To have a relation to two differing persons or things. Adjective.

1. Acting through, involving, or dependent on an intervening agency.

2. Being in a middle position.

The activity of mediation in itself appeared in very ancient times. Historians presume early cases in Phoenician commerce (but suppose its use in Babylon, too). The practice developed in Ancient Greece (which knew the non-marital mediator as a proxenetas), then in Roman civilization, (Roman law (starting from Justinian’s Digest of 530 – 533 CE) recognized mediation. The Romans called mediators by a variety of names, including internuncius, medium, intercessor, philantropus, interpolator, conciliator, interlocutor, interpres, and finally mediator. The Middle Ages regarded mediation differently, sometimes forbidding the practice or restricting its use to centralized authorities. Some cultures regarded the mediator as a sacred figure, worthy of particular respect; and the role partly overlapped with that of traditional wise men or tribal chief.

Mediation, in the modern legal sense, is a form of alternative dispute resolution (ADR) or “appropriate dispute resolution”, aiming to assist two (or more) disputants in reaching an agreement. The parties themselves determine the conditions of any settlements reached – rather than accepting something imposed by a third party. The disputes may involve (as parties) states, organizations, communities, individuals or other representatives with a vested interest in the outcome. Mediators use appropriate techniques and/or skills to open and/or improve dialogue between disputants, aiming to help the parties reach an agreement (with concrete effects) on the disputed matter. Normally, all parties must view the mediator as impartial. Disputants may use mediation in a variety of disputes, such as commercial, legal, diplomatic, workplace, community and family matters. A third-party representative may contract and mediate between (say) unions and corporations. When a workers’ union goes on strike, a dispute takes place, and the corporation hires a third party to intervene in attempt to settle a contract or agreement between the union and the corporation.

Mediation offers a process by which two parties work towards an agreement with the aid of a neutral third party. Litigation, however, is a process in which the courts impose binding decisions on the disputing parties in a determinative process operating at the level of legal rights and obligations. These two processes sound completely different, but both are a form of dispute resolution. Litigation is conventionally used and conventionally accepted, but Mediation is slowly becoming more recognized as a successful tool in dispute resolution. Slowly these processes are becoming inter-dependent, as the Courts in some cases are now referring parties to Mediation. In saying this, there are distinct differences between the two processes. Mediation claims to resolve many of the problems associated with litigation, such as the high costs involved, the formality of the court system and the complexity of the court process. Mediation does not create binding agreements unless the parties consent to it, and the Mediator has no say in the outcome. Even though our court system and mediation have increasing connections, they still reflect different value assumptions and structural approaches towards dispute resolution.

In the field of resolving legal controversies, mediation offers an informal method of dispute resolution, in which a neutral third party, the mediator, attempts to assist the parties in finding resolution to their problem through the mediation process. Although mediation has no legal standing per se, the parties can (usually with assistance from legal counsel) commit agreed points to writing and sign this document, thus producing a legally binding contract in some jurisdiction specified therein. Mediation differs from most other conflict resolution processes by virtue of its simplicity, and in the clarity of its rules. It is employed at all scales from petty civil disputes to global peace talks. It is thus difficult to characterize it independently of these scales or specific jurisdictions – where ‘Mediation’ may in fact be formally defined and may in fact require specific licenses.

© http://en.wikipedia.org/wiki/Mediation#Mediation_and_litigation.

Law & Social Justice — Recent Acquisitions

Arbitration and Mediation in the ACP-EU Relations
edited by Association for International Arbitration
KJE6433 .A92 2008
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Before Earth Day: The Origins of American Environmental Law, 1945-1970
Karl Boyd Brooks
KF3775 .B727 2009 (New Book Shelf)
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Biotechnology & Nanotechnology: Regulation Under Environmental, Health, and Safety Laws
B. David Naidu
K3925.B56 N35 2009
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California School Law
Frank Kemerer and Peter Sansom
KFC648 .K45 2009
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Conquest: Sexual Violence and American Indian Genocide
Andrea Smith
E98.W8 S62 2005
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A Constitution of Many Minds: Why the Founding Document Doesn’t mean what it Meant Before
Cass R. Sunstein
KF4552 .S86 2009 (New Book Shelf)
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Constitutional Law for a Changing America: a Short Course
Lee Epstein, Thomas G. Walker
KF4749 .E668 2009 (New Book Shelf)
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Defining Civil and Political Rights: The Jurisprudence of the United Nations Human Rights Committee
Alex Conte and Richard Burchill
K3241 .C66 2009
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Environmental Justice: Legal Theory and Practice
Barry E. Hill
KF3775 .H55 2009 (New Book Shelf)
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FDR v. The Constitution: the Court-packing Fight and the Triumph of Democracy
Burt Solomon
KF8742 .S585 2009 (New Book Shelf)
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The First Amendment, Freedom of Speech: Its Constitutional History and the Contemporary Debate
edited by Vikram David Amar
KF4772 .F5675 2009
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Genocide in International Law: The Crime of Crimes
William A. Schabas
K5302 .S32 2009
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Global Perspectives on Constitutional Law
edited by Vikram David Amar, Mark V. Tushnet
KF4550 .G58 2009 (New Book Shelf)
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Human Rights and Corporations
edited by David Kinley
K3240 .H8483 2009
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The Impact of Behavioral Sciences on Criminal Law
edited by Nita A. Farahany
K5028.5 .I47 2009
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International Trade and Health Protection: a Critical Assessment of the WTO’s SPS Agreement
Tracey Epps
K3631 .E67 2008
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Invisible Hands, Invisible Objectives: Bringing Workplace Law and Public Policy into Focus
Stephen F. Befort and John W. Budd
KF3319 .B44 2009
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Law, Mind and Brain
edited by Michael Freeman and Oliver R. Goodenough
K346 .L394 2009 (New Book Shelf)
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A Life and Death Decision: a Jury Weighs the Death Penalty
Scott E. Sundby
KF9680 .S86 2005
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Managing White Collar Legal Issues: Leading Lawyers on Key Defense Strategies, Responses for Civil and Criminal Investigations, and Recent Enforcement Trends
KF9350 .M369 2008
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Navigating Green Construction and Energy Initiatives: Government Officials on Responding to LEED Standards, Promoting Sustainable Building Practices, and Improving Energy Efficiency
K3585 .N384 2009
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New Institutions for Human Rights Protection
edited by Kevin Boyle
K3240 .N495 2009
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Our Promise: Achieving Educational Equality for America’s Children: Selected Essays and Articles
edited by Maurice R. Dyson, Daniel B. Weddle
LC213.2 .O88 2009
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Ourselves and Our Posterity: Essays in Constitutional Originalism
edited and introduced by Bradley C.S. Watson
KF4552 .O97 2009
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The Oxford Guide to United States Supreme Court Decisions
edited by Kermit L. Hall, James W. Ely, Jr.
KF4548.5 .O97 2009
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The Privilege of Silence: Fifth Amendment Protections Against Self- incrimination
Steven M. Salky
KF9668 .S25 2009
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A Responsibility to Assist: EU Policy and Practice in Crisis-management Operations under European Security and Defense Policy: a COST report
edited by Tom Hadden
KJE5105 .R47 2009 (New Book Shelf)
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Sharing our Stories of Survival: Native Women Surviving Violence
edited by Sarah Deer … [et al.]
E98.W8 S43 2008
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The Status of Women under Islamic Law and Modern Islamic Legislation
Jamal J.A. Nasir
KBP526.32.N37 A37 2009
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Synergies in Minority Protection: European and International Law Perspectives
edited by Kristin Henrard and Robert Dunbar
K3242 .S965 2008
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Wholesale Justice: Constitutional Democracy and the Problem of the Class Action Lawsuit
Martin H. Redish
KF8896 .R438 2009
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Working with Government Agencies in Climate Change Law: Leading Lawyers on Communicating with Government Officials, Understanding Legal Challenges, and Navigating Recent and Upcoming Climate Change Regulations
QC903 .W679 2009
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Arbitration and Mediation in the ACP-EU Relations
edited by Association for International Arbitration
KJE6433 .A92 2008
Find this book in ThomCat
More about this title from Amazon.com

Before Earth Day: The Origins of American Environmental Law, 1945-1970
Karl Boyd Brooks
KF3775 .B727 2009 (New Book Shelf)
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More about this title from Amazon.com

Biotechnology & Nanotechnology: Regulation Under Environmental, Health, and Safety Laws
B. David Naidu
K3925.B56 N35 2009
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More about this title from Amazon.com

California School Law
Frank Kemerer and Peter Sansom
KFC648 .K45 2009
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Conquest: Sexual Violence and American Indian Genocide
Andrea Smith
E98.W8 S62 2005
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A Constitution of Many Minds: Why the Founding Document Doesn’t mean what it Meant Before
Cass R. Sunstein
KF4552 .S86 2009 (New Book Shelf)
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More about this title from Amazon.com

Constitutional Law for a Changing America: a Short Course
Lee Epstein, Thomas G. Walker
KF4749 .E668 2009 (New Book Shelf)
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Defining Civil and Political Rights: The Jurisprudence of the United Nations Human Rights Committee
Alex Conte and Richard Burchill
K3241 .C66 2009
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Environmental Justice: Legal Theory and Practice
Barry E. Hill
KF3775 .H55 2009 (New Book Shelf)
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FDR v. The Constitution: the Court-packing Fight and the Triumph of Democracy
Burt Solomon
KF8742 .S585 2009 (New Book Shelf)
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More about this title from Amazon.com

The First Amendment, Freedom of Speech: Its Constitutional History and the Contemporary Debate
edited by Vikram David Amar
KF4772 .F5675 2009
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Genocide in International Law: The Crime of Crimes
William A. Schabas
K5302 .S32 2009
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Global Perspectives on Constitutional Law
edited by Vikram David Amar, Mark V. Tushnet
KF4550 .G58 2009 (New Book Shelf)
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Human Rights and Corporations
edited by David Kinley
K3240 .H8483 2009
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The Impact of Behavioral Sciences on Criminal Law
edited by Nita A. Farahany
K5028.5 .I47 2009
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International Trade and Health Protection: a Critical Assessment of the WTO’s SPS Agreement
Tracey Epps
K3631 .E67 2008
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Invisible Hands, Invisible Objectives: Bringing Workplace Law and Public Policy into Focus
Stephen F. Befort and John W. Budd
KF3319 .B44 2009
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Law, Mind and Brain
edited by Michael Freeman and Oliver R. Goodenough
K346 .L394 2009 (New Book Shelf)
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A Life and Death Decision: a Jury Weighs the Death Penalty
Scott E. Sundby
KF9680 .S86 2005
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Managing White Collar Legal Issues: Leading Lawyers on Key Defense Strategies, Responses for Civil and Criminal Investigations, and Recent Enforcement Trends
KF9350 .M369 2008
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More about this title from Amazon.com

Navigating Green Construction and Energy Initiatives: Government Officials on Responding to LEED Standards, Promoting Sustainable Building Practices, and Improving Energy Efficiency
K3585 .N384 2009
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More about this title from Amazon.com

New Institutions for Human Rights Protection
edited by Kevin Boyle
K3240 .N495 2009
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More about this title from Amazon.com

Our Promise: Achieving Educational Equality for America’s Children: Selected Essays and Articles
edited by Maurice R. Dyson, Daniel B. Weddle
LC213.2 .O88 2009
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More about this title from Amazon.com

Ourselves and Our Posterity: Essays in Constitutional Originalism
edited and introduced by Bradley C.S. Watson
KF4552 .O97 2009
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More about this title from Amazon.com

The Oxford Guide to United States Supreme Court Decisions
edited by Kermit L. Hall, James W. Ely, Jr.
KF4548.5 .O97 2009
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More about this title from Amazon.com

The Privilege of Silence: Fifth Amendment Protections Against Self- incrimination
Steven M. Salky
KF9668 .S25 2009
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A Responsibility to Assist: EU Policy and Practice in Crisis-management Operations under European Security and Defense Policy: a COST report
edited by Tom Hadden
KJE5105 .R47 2009 (New Book Shelf)
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More about this title from Amazon.com

Sharing our Stories of Survival: Native Women Surviving Violence
edited by Sarah Deer … [et al.]
E98.W8 S43 2008
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More about this title from Amazon.com

The Status of Women under Islamic Law and Modern Islamic Legislation
Jamal J.A. Nasir
KBP526.32.N37 A37 2009
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More about this title from Amazon.com

Synergies in Minority Protection: European and International Law Perspectives
edited by Kristin Henrard and Robert Dunbar
K3242 .S965 2008
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Wholesale Justice: Constitutional Democracy and the Problem of the Class Action Lawsuit
Martin H. Redish
KF8896 .R438 2009
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Working with Government Agencies in Climate Change Law: Leading Lawyers on Communicating with Government Officials, Understanding Legal Challenges, and Navigating Recent and Upcoming Climate Change Regulations
QC903 .W679 2009
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Global Legal Studies — Recent Acquisitions

Admission to the United Nations: Charter Article 4 and the Rise of Universal Organization
Thomas D. Grant
KZ4997 .G73 2009
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Arbitration and Mediation in the ACP-EU Relations
edited by Association for International Arbitration
KJE6433 .A92 2008
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Biotechnology & Nanotechnology: Regulation Under Environmental, Health, and Safety Laws
B. David Naidu
K3925.B56 N35 2009
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Corporate Rescue Law–an Anglo-American Perspective
Gerard McCormack
K1395 .M38 2008 (New Book Shelf)
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Defining Civil and Political Rights: The Jurisprudence of the United Nations Human Rights Committee
Alex Conte and Richard Burchill
K3241 .C66 2009
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Economic Sanctions: Law and Public Policy
Kern Alexander
KZ6373 .A44 2009
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Genocide in International Law: The Crime of Crimes
William A. Schabas
K5302 .S32 2009
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Guide to Latin in International Law
Aaron X. Fellmeth & Maurice Horwitz
K52.L37 F45 2009
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Human Rights and Corporations
edited by David Kinley
K3240 .H8483 2009
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International Investment Law for the 21st Century: Essays in Honour of Christoph Schreuer
edited by Christina Binder … [et al.].
K3830 .I5954 2009
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International Trade and Health Protection: a Critical Assessment of the WTO’s SPS Agreement
Tracey Epps
K3631 .E67 2008
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International Tribunal for the Law of the Sea: Basic Documents
edited by C. Tofan and S. Strambu
KZA5205 .I583 2009 (New Book Shelf)
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Islamic Insurance: a Modern Approach to Islamic Banking
Aly Khorshid
HG8719 .K48 2007
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New Institutions for Human Rights Protection
edited by Kevin Boyle
K3240 .N495 2009
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Principles of European Constitutional Law
edited by Armin von Bogdandy and Jurgen Bast
KJE4445 .P745 2006
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A Responsibility to Assist: EU Policy and Practice in Crisis-management Operations under European Security and Defense Policy: a COST report
edited by Tom Hadden
KJE5105 .R47 2009 (New Book Shelf)
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Risk Analysis for Islamic Banks
Hennie van Greuning and Zamir Iqbal
HG3368.A6 G74 2008
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Russian Law
William E. Butler
KLB68 .B88 2009
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The Status of Women under Islamic Law and Modern Islamic Legislation
Jamal J.A. Nasir
KBP526.32.N37 A37 2009
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Synergies in Minority Protection: European and International Law Perspectives
edited by Kristin Henrard and Robert Dunbar
K3242 .S965 2008
Find this book in ThomCat
More about this title from Amazon.com