were often symptoms or a reflection of wider confrontations, often
inter- and intra-familial feuds. 1 Indeed, the methods available for resolving
conflict should be viewed across a spectrum ranging from violent
self-help at one end, through mediation, negotiation and arbitration to
adjudication in the courts at the other end. We have seen in Chapters 2 and 3 the paths that
violent self-help could take and in Chapters 4 and
organised themselves to raise awareness and
protect ‘their communities’ violently challenged Ebola response
teams, banned foreigners, organised surveillance brigades to ensure that no one
entered the village and sought the arbitration of regional political authorities
(the préfet , or governor).
To solve the problem, responders targeted traditional healers, sacred forest
leaders, Christian and Muslim religious leaders, hunters, migrant associations
This book explores the pervasive influence of pacifism on Victorian feminism. It provides an account of Victorian women who campaigned for peace, and of the many feminists who incorporated pacifist ideas into their writing on women and gender. The book explores feminists' ideas about the role of women within the empire, their eligibility for citizenship, and their ability to act as moral guardians in public life. It shows that such ideas made use – in varying ways – of gendered understandings of the role of force and the relevance of arbitration and other pacifist strategies. The book examines the work of a wide range of individuals and organisations, from well-known feminists such as Lydia Becker, Josephine Butler and Millicent Garrett Fawcett to lesser-known figures such as the Quaker pacifists Ellen Robinson and Priscilla Peckover.
This book provides an introduction to the English legal system and its development during the period c 1215-1485. It affords a valuable insight into the character of medieval governance as well as revealing the complex nexus of interests, attitudes and relationships prevailing in society during the later Middle Ages. The book considers the theoretical and ideological aspects of medieval law and justice, examining the concepts and discourses to be found in official and non-official circles. It concentrates on manifestations of crime and disorder and the royal response to this in the form of the development of judicial institutions. The book then looks at the dispensation of justice both inside and outside the courtroom. It examines in detail the machinery and functioning of criminal justice both in the royal courts and in those autonomous areas exercising delegated powers. The book also considers the use of extra-judicial methods, such as arbitration and 'self-help', to illustrate the interaction of formal and informal methods of dispute settlement. It focuses on the personnel of justice, the justices of the central courts and the local officials who carried out the day-to-day administrative tasks. The smooth and successful operation of the judicial system was challenged and sometimes hindered by the existence of corrupt practices and abuse of its procedures.
among these provisions were those allowing for investor–State
dispute settlement (ISDS) through arbitration.
In a number of high-profile ISDS cases arbitrators
recognized investors’ right to compensation as a result of
regulations or other state measures in areas such as public health,
environment protection, and financial stability. As a reaction,
states – developing and developed
"It is the contention of this book that there was a notion of international law in the medieval period, and more specifically in the period 700 to 1200. It examines and analyses the ways and the extent to which such as system of rules was known and followed in the Middle Ages by exploring treaties as the main source of international law, and by following a known framework of evidencing it: that it was practised on a daily basis; that there was a reliance upon justification of action; that the majority of international legal rules were consistently obeyed; and finally, that it had the function to resolve disputed questions of fact and law. This monograph further considers problems such as enforcement, deterrence, authority, and jurisdiction, considering carefully how they can be observed in the medieval evidence, and challenging traditional ideas over their role and function in the history of international law. This monograph then, attempts to make a leap forward in thinking about how rulers, communities, and political entities conducted diplomacy and regulated their interactions with each other in a period before fully fledged nation states.
"Arbitration, mediation, and third- party intervention"
mediation for the period 700–1200; indeed, we can be confident
that most medieval treaties came into being as a result of these two
methods. 3 Arbitration,
by contrast, historians have seen as a late-medieval phenomenon,
pointing towards its use by, among others, the towns of the Hanseatic
League to settle any differences that arose between them with regards to
trade. 4 In fact
ways from other means of dispute
Diplomatic methods are more flexible and less procedural than
arbitration and litigation.
These ‘alternative’ dispute resolution methods have
been formalised and institutionalised in a number of conventions and
The result is not binding
Transformative constitutionalism and fair and equitable treatment
María Angélica Prada-Uribe
The fair and equitable principle
(FET) is the most frequently used basis for investment claims 1 and the most used
provision by investment tribunals to hold states liable. 2 As such, FET has
become a central mechanism through which investment arbitration
regulates state action by forcing the accommodation of the domestic
legal system to international investment standards
very likely that the
EU proposal builds on the ICS mechanism contained in CETA. 3 The goal of such a
new court would be to replace ad hoc investor-State arbitration and
also the bilateral ICS mechanisms included in EU agreements. 4 Several meetings of
interested countries took already place, such as at the World
Investment Forum in Nairobi in July 2016, at the World Trade