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Are the WTO Agreements and dispute settlement procedures consistent with Islamic (Shari'a) law principles and norms of justice? How can a foreign investor in a Muslim country comply with the financial tenets of Shari'a?Will Arab and Islamic countries continue to lag behind much of the world in e-commerce, or can e-commerce be integrated with traditional business methods as an engine of economic growth?

Experts examine these and other issues from their unique perspectives in this fourth volume in The Permanent Court of Arbitration/Peace Palace Papers series, which reproduces the work of the Fourth International Law Seminar held at the Peace Palace on October 12, 2001. The Seminar, organized jointly by the Permanent Court of Arbitration and the Arab Union of International Arbitration, focused on strengthening relations with Arab and Islamic countries.

In the papers presented here, the authors point out that not only is free and liberal trade deeply rooted in the culture of Islam, Shari'a urges the accommodation of all kinds of knowledge, including the technological environment necessary for e-commerce. They point the way to full participation by Arab and Islamic countries in the world economic community.

This work focuses on strengthening relations with Arab and Islamic countries in three specific areas: electronic commerce, the World Trade Organization's dispute settlement mechanisms and foreign investment. Contributors come from the Middle East, Europe and North America and offer a diversity of perspectives on strengthening relations with Arab and Islamic countries. This book will be of interest to international organizations, corporate counsel, international lawyers and business people, as well as to students of international law and Islamic law. ... Read more

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The papers collected in this volume represent the work of the Permanent Court of Arbitration¿s 7th International Law Seminar, The Resolution of Cultural Property Disputes, held at the Peace Palace in The Hague in the spring of 2003 and attended by world-renowned legal experts and professionals from art institutions.

The looting of the National Museum of Iraq in Baghdad during the Second Gulf War is only the most recent example of the depredation of cultural property that can be part of the tragic human cost of war. Brazen pillage causes the world an irretrievable loss of significant information about our universal past. Given the magnitude of the problem, it is surprising how little international jurisprudence there is in this field. Furthermore, more than 50 years on, many Holocaust-era cases of looted or stolen art remain unresolved and continue to emerge. In this volume, several authors discuss the range of resources, such as internet databases, now available for art provenance research, especially for cases related to World War II.

Cultural property disputes raise complicated questions that enter into many spheres, including history, national and international law, and of course, the marketplace. Because of the wide variety of legal norms and the cross-border nature of most cultural property claims, complicated conflict of law issues inevitably arise.

As several of the authors in this volume note and examine from various angles, cultural property claims run up against differing and sometimes prohibitive limitation periods, evidentiary standards, not to mention competing claims of good faith acquisition of property. Several of the authors note that traditional legal norms are often incapable of addressing the special problems of cultural property and recommend the institution of special arbitral regimes equipped with unique substantive and procedural rules capable of handling such cases. ... Read more

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This fifth volume in the Permanent Court of Arbitration/Peace Palace Papers series reproduces the work of the 6th International Law Seminar held at the Peace Palace on November 8, 2002.

The Seminar's distinguished panelists and participants focused on the settlement of international disputes over that most essential of natural resources water.

They explored a range of questions: Which settlement mechanisms are most promising in the field of transboundary freshwater disputes? Is adjudication a suitable method of apportioning water rights which are vital not only to human life, but to the agriculture and industry of every nation on the planet? Given the need for "win-win" solutions to most water disputes, are negotiation and regional cooperation the only realistic and viable methods for settling them? What is the potential role of conciliation, mediation, good offices and other ad hoc mechanisms?

This volume also contains the 1997 United Nations Convention on the Law of the Non-Navigational Uses of International Watercourses, a multilateral framework treaty dealing with transboundary freshwater, which provides a variety of tools (such as the submission of disputes to fact-finding commissions) for the peaceful resolution of water disputes. ... Read more

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The third volume in The Permanent Court of Arbitration/Peace Palace Papers series, published by Kluwer Law International, reproduces the papers presented at the Third International Law Seminar, held at the Peace Palace on February 23, 2001. This seminar, which was organized in cooperation with the European Organization for the Safety of Air Navigation (EUROCONTROL), addressed a topic of pressing interest to private practitioners, governments, and international organizations: the role of dispute resolution mechanisms in the fields of air and space law and telecommunications activities.

In this publication, prominent experts examine the international instruments in air, space, and telecommunications law and the need for a mandatory supranational dispute settlement mechanism. The EUROCONTROL draft Arbitration Policy is dealt with in great depth by various authors, and the experiences of the European Space Agency and the International Telecommunications Union with respect to dispute settlement are also reviewed. More general issues of pre-arbitration procedures, expedited arbitration, enforcement, and the need for specialist expertise are also considered.

This volume also features a French language summary of the seminar papers, and reproduces texts of the 1997 EUROCONTROL Revised Convention, the EUROCONTROL draft Arbitration Policy, and the Final Draft of the Revised Convention on the Settlement of Disputes Related to Space Activities. ... Read more