Download Cross-border Internet Dispute Resolution by Julia Hörnle PDF

By Julia Hörnle

ISBN-10: 0521896207

ISBN-13: 9780521896207

The web has the aptitude to extend the variety of cross-border disputes among a variety of diverse clients. for plenty of web disputes, using on-line Dispute answer (ODR) turns into serious. ODR makes use of info expertise (such as professional structures) and web conversation purposes (such as webforms or internet submitting structures) to unravel disputes outdoor the courts. even supposing ODR is a progeny of ADR, utilizing many of the related methods similar to mediation and arbitration, ODR can be diversified in that it provides new and transformative expertise and methods. This publication units out the method criteria with which ODR, and particularly on-line arbitration, should still comply and exhibits how those criteria should be applied within the actual international. It considers acceptable legislation and enforcement, hence delivering a blueprint of ways on-line arbitration tactics might be devised.

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V(2)(b) 110, 111, 173 Rome Convention on the Law Applicable to Contractual Obligations of 19 June 1980, OJ CO27 of 26 January 1998 64 Art. 1(2)(d) 64 Art. 3(3) 66 Art. 4(1) 64 Art. 4(2) 65 Art. 5 66, 67, 70, 71 Art. 5(2) 70, 71, 72 Art. 5(3) 71 Art. 7(1) 66, 67 Art. 7(2) 67 Art. 16 67 Statute of the International Court of Justice 1945 Art. 38(1)(c) 62 United Nations Convention on Contracts for the International Sale of Goods 1980 (Vienna Convention) 62 xxix ACKNOWLEDGEMENTS This book is the result of four years of research for a PhD dissertation, which I successfully submitted in December 2007.

48 Judicial proceedings define and limit the space in which the argumentation takes place; participation, roles, issues and the processes forming opinions and decisions are regulated. 49 Habermas, like Rawls, argues that equal participation of the parties has to be guaranteed through procedural rules. For dispute resolution, Rawls’ and Habermas’ theories mean that due process (as defined above: equal treatment and rationality) in itself is not sufficient. It is not sufficient to merely ensure that the parties are treated equally and that decisions are rational, accurate and according to the rule of law.

These illegal police tactics caused a loud outcry in Germany, and demands were made that torture should never be used, regardless of the circumstances. However, the discussion largely overlooked the fact that the threat of torture in this case was not used to obtain a confession for conviction (which would have been inadmissible in court) but in order to save another person’s life. Balancing the boy’s right to life with the right to bodily integrity of the accused may lead to the conclusion that torture could be justified in some very rare and extreme cases (albeit that it is far from clear whether torture is effective).

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