Nadja Alexander
- Published in print:
- 2012
- Published Online:
- January 2013
- ISBN:
- 9780199653485
- eISBN:
- 9780191758270
- Item type:
- chapter
- Publisher:
- Oxford University Press
- DOI:
- 10.1093/acprof:oso/9780199653485.003.0002
- Subject:
- Law, Comparative Law, Private International Law
This chapter explores the private international law on mediation, which is an emerging dispute resolution field and the subject of considerable regulatory reform. It begins by exploring the role of ...
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This chapter explores the private international law on mediation, which is an emerging dispute resolution field and the subject of considerable regulatory reform. It begins by exploring the role of private international law in mediation and the extent to which harmonisation initiatives — as opposed to legal diversity — offer advantages or disadvantages to cross-border mediation law and practice. As applicable mediation law is often the same for cross-border and domestic applications, the chapter introduces a contemporary and broad definition of mediation law and offers a structure for thinking about the form and content of mediation law. Here multi-disciplinary factors shaping mediation law, such as political, economic, organisational and behavioural–psychological perspectives, are examined together with more traditional legal considerations. These and other factors add real-life texture to cross-border legal instruments relevant to mediation and are vital to achieve a balanced and informed perspective on the topic. International illustrations are presented throughout the chapter with specific sections on European and international instruments of private international law.Less
This chapter explores the private international law on mediation, which is an emerging dispute resolution field and the subject of considerable regulatory reform. It begins by exploring the role of private international law in mediation and the extent to which harmonisation initiatives — as opposed to legal diversity — offer advantages or disadvantages to cross-border mediation law and practice. As applicable mediation law is often the same for cross-border and domestic applications, the chapter introduces a contemporary and broad definition of mediation law and offers a structure for thinking about the form and content of mediation law. Here multi-disciplinary factors shaping mediation law, such as political, economic, organisational and behavioural–psychological perspectives, are examined together with more traditional legal considerations. These and other factors add real-life texture to cross-border legal instruments relevant to mediation and are vital to achieve a balanced and informed perspective on the topic. International illustrations are presented throughout the chapter with specific sections on European and international instruments of private international law.
Barbara Ann Naddeo
- Published in print:
- 2011
- Published Online:
- August 2016
- ISBN:
- 9780801449161
- eISBN:
- 9780801460876
- Item type:
- chapter
- Publisher:
- Cornell University Press
- DOI:
- 10.7591/cornell/9780801449161.003.0002
- Subject:
- History, European Modern History
This chapter examines Vico's advocacy of global citizenship, or cosmopolitanism, as it was expressed in the inaugural addresses he delivered to the student body of the University of Naples between ...
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This chapter examines Vico's advocacy of global citizenship, or cosmopolitanism, as it was expressed in the inaugural addresses he delivered to the student body of the University of Naples between 1699 and 1708. In particular, this chapter traces Vico's abandonment of an emotive notion of cosmopolitanism for a commercial one, and explains his idealization of commercial sociability with reference to the conclusions he had drawn about the metropolitan community in his history of the revolt of 1701. Vico arrived at the idea that all human relations are transactional in nature, and therefore forms of commerce, and that both the mutual obligations and actionable rights of humans most appropriately can be conceived in terms of international commercial law. Finally, the chapter contextualizes these seemingly moral philosophical claims about the obligations and rights of humans within the contemporary legal battles of the Kingdom.Less
This chapter examines Vico's advocacy of global citizenship, or cosmopolitanism, as it was expressed in the inaugural addresses he delivered to the student body of the University of Naples between 1699 and 1708. In particular, this chapter traces Vico's abandonment of an emotive notion of cosmopolitanism for a commercial one, and explains his idealization of commercial sociability with reference to the conclusions he had drawn about the metropolitan community in his history of the revolt of 1701. Vico arrived at the idea that all human relations are transactional in nature, and therefore forms of commerce, and that both the mutual obligations and actionable rights of humans most appropriately can be conceived in terms of international commercial law. Finally, the chapter contextualizes these seemingly moral philosophical claims about the obligations and rights of humans within the contemporary legal battles of the Kingdom.
