336 results
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2. Libya and the Prisoner's Dilemma.
- Author
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KAMEL, AMIR MAGDY
- Subjects
DILEMMA ,PRISONERS ,GAME theory ,CONFLICT management - Abstract
This paper explores the prisoner's dilemma in the context of interactions between Libya's Tripoli- and Tobruk-led actors in the period between Gaddafi's 2011 ousting and the 2015 Libyan Political Agreement. In so doing, it reveals the extent to which Libyan decisions aligned with the game's principal outcome-maximizing strategy to ascertain authority and a non-outcome-maximizing strategy's conflict resolution-throughcooperation goal. In contrast to the game's assumptions, however, the findings convey how negotiations between the two players were driven by contextual factors, predominantly: Libya's historical makeup, internal-external links, and hydrocarbon control. This informs my contention that the complexities of the Libya case study demonstrate the limits of the prisoner's dilemma in illuminating the dynamics of a given political phenomenon. As a result, this account presents a novel Libya-specific blueprint of the prisoner's dilemma that highlights the limitations of this framework and concludes with a reflection on what this means for understanding this type of game. [ABSTRACT FROM AUTHOR]
- Published
- 2022
- Full Text
- View/download PDF
3. Deadlocked International Institutions: Implications for Negotiated Conflict Management.
- Author
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Terrence Hopmann, P.
- Subjects
- *
RUSSIAN invasion of Ukraine, 2022- , *INTERNATIONAL conflict , *INTERNATIONAL agencies , *CONFLICT management , *ARMS control - Abstract
This article argues that the international institutions in which negotiations have often taken place have been challenged by increased conflict among member states in the early 21st century. Multilateral international institutions function best when common interests are viewed as paramount by the state parties, because they allow the state parties to negotiate structures and processes that serve their shared interests and values. The paper analyzes the difficulties in managing international conflicts in the UN, osce, nato, and EU since 2000 due in part to the inability to achieve consensus within fractured and stalemated institutions. These problems have increasingly limited the role of these institutions in managing some of the most dangerous global conflicts, including on arms control and disarmament and managing the Russian war in Ukraine. [ABSTRACT FROM AUTHOR]
- Published
- 2024
- Full Text
- View/download PDF
4. Seeking 'Truth' After Devastating, Multi-Layered Conflict: The Complex Case of Transitional Justice in South Sudan.
- Author
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Owiso, Owiso
- Subjects
TRANSITIONAL justice ,PEACE treaties ,RECONCILIATION ,TRUTH commissions ,CONFLICT management - Abstract
In August 2015, the Government of South Sudan and other parties to the country's civil conflict signed a peace agreement, the Agreement on the Resolution of the Conflict in the Republic of South Sudan, aimed at ending the civil conflict that broke out on 15 December 2013. After this agreement failed to hold, South Sudan descended into a second wave of civil conflict. A recommitment to the agreement was secured through regional efforts on 12 September 2018. Dubbed the Revitalised Agreement on the Resolution of the Conflict in the Republic of South Sudan, the agreement provides a transitional justice architecture which includes a truth commission, a hybrid court and a reparations authority. This paper examines the potential of the proposed Commission for Truth, Reconciliation and Healing to contribute towards sustainable transitional justice solutions in South Sudan, based on contemporary standards and practice of transitional justice. Through historical, descriptive and analytical approaches, the paper grapples with South Sudan's complex truth-seeking journey following years of multi-layered conflict. [ABSTRACT FROM AUTHOR]
- Published
- 2021
- Full Text
- View/download PDF
5. Lebanon's 'Concomitant Crises' and Consociationalism as a Leading Form of Conflict Management.
- Author
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McCulloch, Allison
- Subjects
- *
CONSOCIATION , *CONFLICT management , *MEDICAL prescriptions , *COOPERATION , *CRISES - Abstract
Consociationalism is often perceived as a go-to response to ethnicized conflict, a form of 'political prescription' proffered by both external mediators and domestic constitutional designers alike. Power-sharing theory posits that extended periods of cross-community cooperation can lessen divisions, allowing the system to give way to more 'normal' politics. However, increasing evidence from Lebanon and elsewhere tracks a different set of incentives. Rather than facilitating a virtuous cycle of cooperation and consensus, a more vicious cycle of immobilism, intransigence, and institutional collapse emerges. In Lebanon, this has coincided with a set of intersecting political, economic, and humanitarian crises. This paper outlines how consociationalism's causal logic has undergone a full reversal in Lebanon, maps the manifestations and implications for the country, and reflects on what power-sharing theory can learn from Lebanon's consociational experience. [ABSTRACT FROM AUTHOR]
- Published
- 2024
- Full Text
- View/download PDF
6. Can Turkish-Armenian music diplomacy emulate the Turkish-Greek example?: prospects and limitations.
- Author
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Çevik, Senem B.
- Subjects
GREECE-Turkey relations ,DIPLOMACY ,PEACEBUILDING ,GEOPOLITICS ,POLITICAL participation - Abstract
Intractable conflicts and rooted enmity can hardly be eradicated through top-down policy changes unless the policy involves people to people interactions, which lie at the heart of citizen diplomacy. Citizen diplomacy initiatives that rest on civil society are essential tools in creating spaces for discussion and understanding. Although citizen diplomacy initiatives such as cultural exchanges transcend borders and cultures by way of building bridges, these initiatives may have limited impact unless they reach the mainstream and have the necessary political will. This paper aims to analyze the role of music as a cultural catalyzer in turning over a new leaf on the Turkish-Greek conflict, and in doing so it assesses its potential role in alleviating the historical tension between Turkey and Armenia. Cultural collaboration and exchange by way of music has not been a significant part of Turkish-Armenian rapprochement efforts despite the historical interconnectedness of Turkish and Armenian music traditions. This paper concludes that music diplomacy is a positive confidencebuilding measure in culturally normalizing the "other", however its application by civil society and popularity is interdependent on simultaneous political processes in which high politics determine low politics interactions. [ABSTRACT FROM AUTHOR]
- Published
- 2018
- Full Text
- View/download PDF
7. The process to rapprochement between Vietnam and its diaspora in the United States.
- Author
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Nguyen, Nguyen Le Hanh
- Subjects
DIASPORA ,IDEOLOGICAL conflict ,CONFLICT management ,SHIFT systems ,NONGOVERNMENTAL organizations - Abstract
Despite the lingering conflict between the government of Vietnam and the Vietnamese diaspora in the United States, issues of remittance and relationship relaxation between the refugees and Vietnamese government happened both in the 1990s. Recent years have seen the attitude-change of the returning diaspora and their shifting strategies of working in Vietnam. This paper describes the first step toward rapprochement between Vietnam and its diaspora in the United States, by analysing the attempts of Vietnam to approach its diaspora in the United States and the reactions of the diasporic community members. On the other hand, it also describes the efforts of Vietnamese Americans to empower Vietnamese people through philanthropic and civic engagement activities. The rapprochement via media and civic engagement reveals a shift from hard, intense ideological conflict to soft tactics in the transnational relation between Vietnam and the Vietnamese diaspora in the United States. This paper concludes that the process to rapprochement is still challenged by the significant differences in political views between the two sides. It suggests that the process of negotiation and conflict resolution be conducted with openness, honesty and acceptance of differences. [ABSTRACT FROM AUTHOR]
- Published
- 2020
- Full Text
- View/download PDF
8. Conflict Management and Atrocity Prevention in Southeast Asia: Making ASEAN "Fit for Purpose".
- Author
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Caballero-Anthony, Mely
- Abstract
Described as a force for peace since its establishment in 1967, ASEAN is now confronted with a slew of political and security issues that has severely challenged its modalities of addressing regional problems, including the internal conflicts of its member states. The continuing political crisis in Myanmar reflects the kinds of dilemmas faced by ASEAN in keeping to its sticky regional norms and practices while being a responsive and effective regional organisation. As ASEAN struggles to become "fit for purpose", the paper argues that a negotiated "ASEAN Way", founded on ideas of positive peace and human security, allows ASEAN to chart a renewed regional agenda for maintaining peace and security in Southeast Asia, while at the same time contributing to comprehensive efforts on managing regional conflicts and preventing atrocities. [ABSTRACT FROM AUTHOR]
- Published
- 2023
- Full Text
- View/download PDF
9. Conflicts of Interest in Sport: A Comparative Analysis of International and European Remedies.
- Author
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Di Marco, Antonio
- Subjects
SPORTS ethics ,SOCIAL skills ,CONFLICT management ,CONFLICT of interests ,COMPARATIVE studies ,SPORTS ,WAVE analysis - Abstract
This research studies the management of conflicts of interest in sporting context, trough a comparative analysis of the current wave of reforms at national and international level. It suggests that the notion of conflict of interests in sport is wholly specific and it requires particular remedies, illustrating potential convergences with the public and private governance practices. Firstly, the paper identifies the endemic conflicts of interest due to the specific pyramid structure of sports movement, and the individual conflicts of interest that could occur in sporting organisations. Secondly, it detects the solution foreseen by the European authorities and the recent reforms concerning the sporting organizations adopted at national and international level. The study shows the elements that characterize conflicts of interest in sporting context, identifying convergences, limits, and the specific solutions suggested by the ethical and social function of sport. [ABSTRACT FROM AUTHOR]
- Published
- 2020
- Full Text
- View/download PDF
10. Special Issue: UNCITRAL and Investment Arbitration Reform: Matching Concerns and Solutions: An Introduction.
- Author
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Langford, Malcolm, Potestà, Michele, Kaufmann-Kohler, Gabrielle, and Behn, Daniel
- Subjects
REFORMS ,CONFLICT management ,ARBITRATION & award ,INTERNATIONAL trade ,JUDICIAL reform - Abstract
The ongoing 'legitimacy crisis' in investor-State dispute settlement (ISDS) has triggered a comprehensive attempt at multilateral reform. In 2017, Working Group III at the United Nations Commission on International Trade Law (UNCITRAL) was entrusted with a broad, open-ended and problem-driven mandate. The reform process aims to tackle particular concerns with ISDS: excessive costs and lengthy proceedings, inconsistent and incorrect decisions, and a lack of arbitral diversity and independence. The exclusion of substantive treaty reform has met critique but states are considering a wide range of procedural options from incremental reform to a multilateral court, appellate mechanism, and ISDS alternatives. In this article, we introduce the reform process and the seven articles that follow in this Special Issue of the Journal on World and Investment and Trade. In these contributions, ISDS Academic Forum members analyse the basis for each concern and the potential contribution of leading reform models. [ABSTRACT FROM AUTHOR]
- Published
- 2020
- Full Text
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11. WHO CONTROLS WTO DISPUTE SETTLEMENT? SOCIO-PROFESSIONAL PRACTICES AND THE CRISIS OF THE APPELLATE BODY.
- Author
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SOAVE, TOMMASO
- Subjects
CONFLICT management ,PROFESSIONAL practice ,SOCIAL sciences education ,POLITICAL systems ,RESENTMENT ,ATTORNEY & client ,ARBITRATORS - Abstract
This article appraises the stalemate surrounding the future of the WTO Appellate Body through the lens of socio-professional practices. In particular, it argues that the ongoing struggle reflects a confrontation between, on the one hand, the "outer circle" of trade diplomats and political stakeholders in the system and, on the other hand, the "inner circle" of legal practitioners that run the adjudicative machinery in its routine operations. Moving from this premise, the paper traces some of the pathways that led to the progressive emergence and rise in power of the inner community of professional trade practitioners, with a particular focus on party counsel, secretariat lawyers, and specialized scholars. The operational closure of this community has caused resentment with some official stakeholders, who are now trying to regain control of a system that they feel has long eluded their scrutiny. [ABSTRACT FROM AUTHOR]
- Published
- 2020
- Full Text
- View/download PDF
12. Traditional Approaches to the Law of Armed Conflict: Disseminating ihl through the Receptor Approach.
- Author
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Aksamitowska, Karolina
- Subjects
HUMANITARIAN law ,CONFLICT of laws ,CONFLICT management ,AFRICANS ,CIVIL defense - Abstract
Pre-colonial African communities had a well-established system of human rights protection applicable to armed conflicts, which became lost as a result of the break-up of traditional societies. This paper will show that traditional rules can be revived and integrated into future conflict management efforts. The ancient authentically African roots of international humanitarian law (IHL) could serve as receptors forming the basis for IHL and human rights law dissemination. Listening to local communities and learning about their aspirations and cultural practices should inform the peacebuilding programmes which need to be introduced before the cessation of hostilities. In the long run, engaging the armed non-state actors in the development of norms, could help improve certainty and predictability of IHL. Recent efforts by Geneva Call comprising a study of indigenous cultural norms relating to civilians' protection in Mali underline the growing importance of integrating local approaches in IHL dissemination. [ABSTRACT FROM AUTHOR]
- Published
- 2020
- Full Text
- View/download PDF
13. Conflict Resolution through Indigenous Knowledge Systems: The Case of the Gumuz Community in Northwest Ethiopia.
- Author
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Abdo, Mohammedawol Reshad
- Subjects
LOCAL knowledge ,CONFLICT management ,ENVIRONMENTAL management ,COURT system ,SEMI-structured interviews - Abstract
Indigenous knowledge is the local knowledge that is unique to a given culture or society. It is the basis for local decision-making in agriculture, medicine, food education, environmental management, craft skills, linguistics and conflict management. The study explored mengehacha , an indigenous system of conflict resolution among the Gumuz people in northwest Ethiopia, which aims to restore peace and harmony within the community when conflicts result from natural resource competition, exchange marriage, clan-based conflict and theft. Data was collected through semi-structured interviews, focus group discussions, non-participatory observation and document analysis, and analysed qualitatively. The indigenous mechanisms of conflict resolution were found to be relatively participatory and supplementary to the state justice system. It is recommended that indigenous systems of conflict management be supported and given equal treatment with the modern court system and that exchange marriage be curbed, since it is becoming a trigger for conflict eruption among the Gumuz. [ABSTRACT FROM AUTHOR]
- Published
- 2024
- Full Text
- View/download PDF
14. Negotiating with Two Hands Tied: Fragmented Decision Processes and Concessions in Civil Wars.
- Author
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Urlacher, Brian R.
- Subjects
DECISION making ,CIVIL war ,CONFLICT management ,CONFLICT theory - Abstract
Theories of conflict resolution often posit unified actors as a simplifying assumption. In practice conflict actors often struggle to balance competing factions and centers of power. Schelling and Putnam have argued that factors that constrain what a negotiator can accept are a potential source of leverage in a bargaining process, yet a counter argument suggests that leaders seeking to negotiate, while facing divided government, may be less able to credibly signal their intentions. Drawing on event data from nearly 3,000 conflict-months, this paper analyzes the frequency of concessions offered by both rebels and governments. This study finds evidence that a fractured decision-process results in both rebels and governments making more concessions. Further corroboration is provided through a case study of the Philippine government's efforts to negotiate an end to the conflict in the Mindanao region. [ABSTRACT FROM AUTHOR]
- Published
- 2019
- Full Text
- View/download PDF
15. Wolf Conservation and Removal of Wolves in Germany – Status quo and Prospects.
- Author
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Köck, Wolfgang
- Subjects
WOLF conservation ,WOLVES ,WILDLIFE conservation ,CONFLICT management ,GRAZING - Abstract
In Germany, the wolf population develops in a very dynamic manner. As a result, politics and society increasingly worry about human safety and whether the return of the wolf can be kept compatible with pasture grazing. Plans by the federal states (Länder) for wolf management serve both to prepare society for the return of wolves and to deal with likely emerging conflicts. In exceptional cases, conflict management may include the 'removal' of wolves, i.e. the killing of individual 'problem-wolves'. This paper analyses the legal prerequisites for the removal of wolves; it also addresses the conditions that must be met for wolf management to be placed under a new legal framework – beyond the exemption regime under species protection law. In this context, the 'favourable conservation status' of wolves plays a key role. [ABSTRACT FROM AUTHOR]
- Published
- 2019
- Full Text
- View/download PDF
16. Maritime Boundary Disputes and Article 298 of UNCLOS: A Safety Net of Peaceful Dispute Settlement Options.
- Author
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Sim, Christine
- Subjects
BOUNDARY disputes ,JURISDICTION ,CONFLICT management ,CONCILIATION (Civil procedure) ,LAW of the sea - Abstract
Maritime boundary disputes pose the most dangerous potential for conflict between States. Article 298 of UNCLOS was designed as a safety valve to allow exclusion of sensitive disputes arising out of contested maritime boundaries—but also to provide a safety net for peaceful resolution of all UNCLOS disputes. This paper offers views on four questions which remain unresolved. First, may States exclude obligations of restraint and cooperation under Articles 74(3) and 83(3) of UNCLOS from compulsory dispute settlement by an Article 298 declaration? Second, for submission to compulsory conciliation, what criteria should be used to decide if the dispute arose subsequent to the entry into force of UNCLOS? Third, does a court, arbitral tribunal or conciliation commission have jurisdiction to consider 'mixed disputes' involving land sovereignty or other rights? Fourth, what is the meaning of "shall, by mutual consent"—when conciliation fails to reach an agreement, are the parties bound to refer their dispute back to compulsory third party dispute settlement under section 2 of Part XV of UNCLOS? [ABSTRACT FROM AUTHOR]
- Published
- 2018
- Full Text
- View/download PDF
17. Dragomans and "Turkish Literature": The Making of a Field of Inquiry.
- Author
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Rothman, E. Natalie
- Subjects
CIVIL service ,DRAGOMANS ,DISPUTE resolution ,FOREIGN language education ,CONFLICT management ,THEORY of knowledge - Abstract
Theories of cultural and linguistic mediation have tended to posit intermediaries as conduits through which one culture/language either enters another unproblematically, or gets "distorted" due to intermediaries' incompetence or self-interest. Both these perspectives presuppose stable, well-bounded, and coherent cultures/ languages as what intermediaries purportedly mediate. Instead, this paper proposes an understanding of cultural and linguistic mediation as a process that constitutes its objects, that is, as an essential dimension of all acts of cultural and linguistic boundary-making. It focuses on dragomans (diplomatic interpreters) who operated at the interface between the Ottoman government and foreign diplomats to the Porte throughout the early modern period. The paper suggests how dragomans' practices of knowledge production were profoundly collaborative, involving a range of Ottoman and Venetian interlocutors. Such practices thus belie any facile distinction between "local" and "foreign," but rather challenge us to consider the emergence of "Oriental" studies as a dialogical project that necessitated ongoing recalibrations of prior knowledge through a multiplicity of perspective, where diplomatic institutions and epistemologies played a key role. [ABSTRACT FROM AUTHOR]
- Published
- 2013
- Full Text
- View/download PDF
18. Old Wine in New Bottle: Civil Society, Iko Mmee and Conflict Management in Southeastern Nigeria.
- Author
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Onwuzuruigbo, Ifeanyi
- Subjects
PEACEBUILDING ,CIVIL society ,CONFLICT management ,PEACE ,LIBERALISM ,PROBLEM solving ,MEDIATION ,SOCIAL conflict - Abstract
Abstract Africa boils on account of intractable communal conflicts. Strategies adopted to manage the conflicts conform to western approaches of conflict management. Traditional forms of conflict resolution have been rarely applied. This has prompted emphasis on traditional tools of conflict management. Drawing from interviews and archival documents, this paper focuses on the deployment of Iko Mmee ritual by local civil society organizations in managing the Aguleri and Umuleri communal conflicts in Nigeria. It catalogues the failure of western models, explains the principles underlying Iko Mmee and how Iko Mmee was able to facilitate peace in the communities. [ABSTRACT FROM AUTHOR]
- Published
- 2011
- Full Text
- View/download PDF
19. Creatively re-imagining a new Sudanese nation: towards achieving conditional unity.
- Author
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Denga, Francis M. and El-Affendi, Abdelwahab
- Subjects
REFERENDUM ,CONFLICT management ,SOCIAL change ,NATION building ,SUDANESE politics & government, 1985- - Abstract
Sudan is facing the most crucial challenge of its history with the referendum on unity in the South planned for January 2011. In this paper, the two authors attempt to assess the nature of the challenge, and explore possible scenarios and options for dealing with the decision and its aftermath. The central argument is that there is a need for a radical restructuring of the Sudanese state to enable and promote a sense of belonging and nationhood which could safeguard unity and avoid a recurrence of conflict. Taking its cue from the emerging consensus among the main actors to safeguard unity within a loose federal/confederal framework, the paper argues that devising a flexible and inclusive system of governance capable of accommodating Sudan's diversity is the key to meeting this challenge. In the short term, there is a need to adopt a more realistic and pragmatic approach based on accommodating the interests of key political players. The international community also needs to be more proactive and engaged that at present. [ABSTRACT FROM AUTHOR]
- Published
- 2010
- Full Text
- View/download PDF
20. Islamic Finance and Dispute Resolution: Part 1.
- Author
-
Nadar, Aisha
- Subjects
ISLAMIC finance ,ISLAMIC law ,CONFLICT management ,FINANCIAL services industry ,COURTS - Abstract
The Islamic Financial Industry is an industry that organises financial services in accordance with Islamic Law, in the same way as the traditional financial industry is organised in accordance with secular law. The unique challenges facing the industry in terms of compliance with Islamic law have been internationally recognised in relation to capital adequacy, risk management, corporate governance, transparency and disclosure. The same, however, has not been true in the area of dispute resolution. The purpose of this paper is to identify the unique challenges facing Islamic finance in compliance with Islamic law in the ambit of English courts, evaluate the features of international commercial arbitration as they relate to overcoming these challenges, and provide some suggestions for going forward. The paper is structured as follows: Section 1 will be used to introduce Islamic finance and frame the issues facing the industry in relation to dispute resolution. Section 2 will focus on providing the background required, while Section 3 frames Islamic finance in relation to conventional finance. Section 4 will provide an insight into Islamic law. [ABSTRACT FROM AUTHOR]
- Published
- 2009
- Full Text
- View/download PDF
21. Moving from Words to Action in the Modern 'Era of Application': A New Approach to Realising Children's Rights in Armed Conflicts.
- Author
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Mendez, Perinaz Kermani
- Subjects
CHILDREN'S rights ,LEGAL compliance ,LEGAL documents ,CONFLICT management ,WAR ,CHILDREN & war ,CHILD welfare ,PUBLIC administration ,HUMAN rights ,PREVENTION - Abstract
The article presents a paper which explores the legal and practical significance of the compliance mechanism for children's rights against war, as reflected in the documents "Security Council Resolution 1621" and the "Secretary-General's 2005 Report." The paper begins with a brief history of compliance mechanism inorder to prevent overestimation of Children and Armed Conflict (CAC) initiative. It highlights the initiative of the Security Council to transform CAC normative framework into reality. Results indicate that CAC initiative represents significant advances in the modern era of human rights.
- Published
- 2007
- Full Text
- View/download PDF
22. Social Research and the Study of Mediation: Designing and Implementing Systematic Archival Research.
- Author
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Bercovitch, Jacob
- Subjects
MEDIATION ,BEHAVIORAL scientists ,CONFLICT management ,NEGOTIATION ,CRISIS management ,PROBLEM solving - Abstract
As the study of negotiation and mediation has grown rapidly over the last three decades, so have the number of approaches to it. Behavioral scientists of all persuasions bring their ideas and methods to bear on the study of mediation. This paper identifies some of the more significant of these approaches, and argues that many of them are predicated on erroneous, even unrealistic, assumptions. It argues that the best way to conduct research on mediation is to study such behavior in the real, not the simulated, world, and choose data that is directly generated by parties or mediators in conflict. The paper argues for a systematic archival research, and presents the broad outlines of such an approach can be organized and conducted. The findings presented suggest the importance and relevance of this method of research into mediation. [ABSTRACT FROM AUTHOR]
- Published
- 2004
- Full Text
- View/download PDF
23. 'Qaalluu', smith and metal: traditional conflict resolution mechanisms in the medium of metals among the Oromo of northeast Wollega, Ethiopia.
- Author
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Burka, Temesgen
- Subjects
MANNERS & customs ,OROMO (African people) ,TOOLS ,METALS ,CONFLICT management ,AFRICAN gods ,RELIGION - Abstract
Drawing on the secular meaning of traditional metal tools (e.g. spear points, axes, needles, hoes, etc.), this paper examines the symbolic significance derived from it among the Oromo of Ethiopia. Based on data collected from 2004 onwards at traditional spiritual sites in northeast Wollega, the paper outlines the peaceful resolution of various forms of conflict at these sites through the medium of metal tools or by invoking their symbolic value. It introduces the traditional Oromo belief system (in Waaqaa, God) and the institution ('Qaalluu') that governs this belief system through the medium of metal/iron objects. It argues that there is at least an indirect relationship between the Oromo God Waaqaa, the intermediary 'Abba' Muuda ('Qaalluu') and the forging of metal. Furthermore, the paper presents selected metal items from one of the 'Qaalluu' institutions, the Butaa Nadoo site, as well as supportive data from Sagro Guddina, which are still used to symbolically resolve conflicts. Bibliogr., notes, ref. [ASC Leiden abstract] [ABSTRACT FROM AUTHOR]
- Published
- 2013
- Full Text
- View/download PDF
24. Best Practices in Track Two Diplomacy.
- Author
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Jones, Peter
- Subjects
BEST practices ,DIPLOMACY ,CONFLICT transformation ,CONFLICT management - Abstract
While "Track Two Diplomacy" has been intensively researched since its founding some 60 years ago, much remains to be done to explore important gaps in our understanding of these dialogues. Track Two presents unusual research problems, given its operational and often confidential nature. The contributions to this special issue of International Negotiation tackle some of the key issues confronting the field in an effort to present where we stand in terms of best practices and where further thought and research is required. [ABSTRACT FROM AUTHOR]
- Published
- 2021
- Full Text
- View/download PDF
25. There are Two Sides to Every COIN.
- Author
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Ruzza, Stefano
- Subjects
MYANMAR economy ,PEACEBUILDING ,CONFLICT management ,ARMISTICES ,COUNTERINSURGENCY ,ETHNIC conflict ,MILITARY relations - Abstract
The capacity of Myanmar's government to effectively rule and administer peripheral areas of the country has been challenged since independence by a vast array of nonstate armed groups (NSAGs), and the country is home to the most long-lasting insurgencies still active today. The core interest of this article rests on analysing the degree of continuity and change in the strategy enacted by Myanmar's government in order to counter, contain and re-absorb insurgencies in the wake of the recent liberalization process. The government activity vis-à-vis insurgencies is assessed in two core dimensions: economic and military. The analysis is developed in diachronic perspective, spanning three key phases. The first, meant to provide the essential historical background and benchmark, is the post-1989 period, characterised by the implementation of the ceasefires. The other two focus on the current transition, splitting it into two (2008-2011 and 2011-2015), taking Thein Sein's new peace plan as a turning point. Moving through these three phases the paper assesses how Myanmar's government achieves a balance between military pressure and economic incentives in the face of three major insurgencies: in Shan state, versus various NSAGs; against the Kachin Independence Organisation (KIO); and against the Karen National Union (KNU). [ABSTRACT FROM AUTHOR]
- Published
- 2015
- Full Text
- View/download PDF
26. Prenegotiation Development of Optimism in Intractable Conflict.
- Author
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Pruitt, Dean G.
- Subjects
ETHNIC conflict ,INTERNATIONAL mediation ,INTERMEDIARIES (Interpersonal relations) ,CONFLICT management ,COMMUNICATION - Abstract
Except when there is substantial third-party pressure for settlement, participants in intractable conflict will only enter negotiation if they are motivated to end the conflict and optimistic about negotiation's chances of success. The sources of such optimism are explored using case material from three intractable interethnic conflicts that were ultimately resolved by negotiation. In all three cases, optimism developed during prenegotiation communication between the parties. Also there were two main channels of communication, each channel providing credibility to the other and serving as a back-up if the other failed. In two of the cases the communication was face-to-face and friendly, but in the third it was distant and mediated by a chain of two intermediaries. A possible reason for this difference is that the parties were positively interdependent in the first two cases but not in the third. The paper concludes with a summary of three psychological experiments that demonstrate the impact of positive vs. negative interdependence. [ABSTRACT FROM AUTHOR]
- Published
- 2015
- Full Text
- View/download PDF
27. Duration of Investor-State Dispute Settlement Proceedings.
- Author
-
Álvarez Zárate, José Manuel, Baltag, Crina, Behn, Daniel, Bonnitcha, Jonathan, De Luca, Anna, Hestermeyer, Holger, Langford, Malcolm, Mistelis, Loukas, López Rodríguez, Clara, Shaffer, Gregory, and Weber, Simon
- Subjects
CONFLICT management ,INVESTMENT risk ,COMPARATOR circuits ,ARBITRATION & award - Abstract
Speed is often touted as an advantage of arbitration. In recent years, however, some have worried that investment arbitration risks losing this advantage. Concerns about the length of investor-State dispute settlement (ISDS) proceedings have also been raised in the discussion about ISDS reform. This article analyses the duration of ISDS proceedings applying a data-centric approach and evaluates the impact of proposed ISDS reforms on the duration of proceedings. After some terminological clarifications on when proceedings are 'excessively' long, the article sets out the evidence on the length of proceedings using several data-sets. As a comparator, we present data on the length of World Trade Organization (WTO) proceedings, even though we urge caution as to the usefulness of such a comparator. The article then discusses the impact of various reform proposals on the duration of proceedings, namely improving ISDS, adding an appellate mechanism, establishing a multilateral investment court and abolishing ISDS. [ABSTRACT FROM AUTHOR]
- Published
- 2020
- Full Text
- View/download PDF
28. FROM ARBITRATORS TO JUDGES? REFLECTIONS ON THE REFORM OF INVESTOR-STATE DISPUTE SETTLEMENT.
- Author
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DE STEFANO, CARLO
- Subjects
CONFLICT management ,ARBITRATORS ,LEGISLATION ,CONFERENCES & conventions ,FOREIGN investments ,INVESTORS ,VIETNAMESE people - Abstract
A widespread political climate of dissatisfaction or even open opposition, both from developing and industrialized countries, has targeted treaty-based Investor-State Dispute Settlement (ISDS) in recent years. This criticism has prompted States to raise concerns on the lack of consistency, coherence, predictability and correctness in the arbitral case law; on the actual or possible lack of independence and impartiality of adjudicators; and on the cost and duration of ISDS cases. This is evidenced both by the tout court abandonment of the ISDS system and international investment agreements (IIAs) by various States (for instance, Venezuela, Bolivia, Ecuador, South Africa, Indonesia, Australia, and Canada) and by efforts to create Investment Court Systems (ICSs) on a bilateral basis, as found in the agreements negotiated and concluded by the European Union (EU) with Canada, Vietnam, Singapore and Mexico. While ICSID has engaged in a comprehensive process of amendment of its arbitration rules, which presently is at an advanced stage, the systemic discussion at the multilateral level on the possible reform of ISDS is currently held at UNCITRAL. Such a discussion includes the possible establishment of a permanent Multilateral Investment Court (MIC), as proposed by the EU, or a standing appellate mechanism, as submitted by China, in substitution or conjunction with the arbitral model of ISDS. This contribution discusses the nature of the ISDS system propounded by the EU, whether arbitral or quasi-judicial, and notably focuses on the following critical issues: (i) appointment and independence of adjudicators; (ii) consistency of case law; and (iii) enforcement of awards under the ICSID Convention and the New York Convention. The author suggests reading the backlash against ISDS as a manifestation of the general retreat of States from international law-making and adjudication in favour of domestic or bilateral solutions. Instead, the multilateral approach undertaken at ICSID/UNCITRAL should be preferred in so far as it fosters a legitimate, effective and non-piecemeal system for the resolution of international investment disputes. [ABSTRACT FROM AUTHOR]
- Published
- 2020
- Full Text
- View/download PDF
29. Solving the WTO Dispute Settlement System Crisis: An Introduction.
- Author
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Sacerdoti, Giorgio
- Subjects
CONFLICT management ,TRADE regulation ,CRISES ,INTERNATIONAL law ,CONFERENCES & conventions - Abstract
The three articles of this Special Issue Section,[2] which I have the pleasure and privilege of introducing, represent major contributions to the current academic and diplomatic debate on the US-instigated World Trade Organization (WTO) Appellate Body's (AB) demise, its consequences and remedies. By paralyzing the AB (or "asphyxiating" it, to use Paine's term), the United States has found a way to paralyze the whole WTO: the United States does not exit the WTO but prevents it from adjudicating the conduct of the United States. [Extracted from the article]
- Published
- 2019
- Full Text
- View/download PDF
30. A Model Case of R2P Prevention? Mediation in the Aftermath of Kenya's 2007 Presidential Elections.
- Author
-
Crossley, Noële
- Subjects
RESPONSIBILITY to protect (International law) ,HUMANITARIAN intervention ,CRISES ,CONFLICT management ,VIOLENCE ,PRESIDENTIAL elections ,INTERNATIONAL mediation - Abstract
The Responsibility to Protect (R2P) comprises the responsibility to prevent, to react, and to rebuild. What sets R2P apart from the previously prevailing idea of humanitarian intervention is, first, an emphasis on prevention, and second, a stated preference for a multilaterally coordinated response to crises. The third and perhaps newest feature of R2P is the idea that regional organisations have an important role to play in facilitating conflict resolution and the implementation of the Responsibility to Protect. Kenya's post-election violence in 2007 was widely viewed as the first case of 'R2P prevention'. International mediation efforts by the African Union Panel of Eminent Personalities, under the leadership of the fonner UN Secretary-General Kofi Annan, and with the support of the UN and other actors, were successful at resolving the conflict without the use of coercive measures. Kenya was seen as R2P's success story multilaterally orchestrated action to prevent an escalation of conflict, with heavy reliance on regional actors. This paper questions to what extent this account holds true, and whether the Kenyan case really was a successful instance of RaP prevention'. An analysis of the Kenyan case ultimately leads to the conclusion that the application of R2P was, in fact, unrelated to the success of the conflict mitigation efforts. The Kenyan context was one which was favourable to the success of the mediation, and it is unlikely R2P would have succeeded without these contingent factors. Nevertheless, the application of R2P to the Kenyan case served to promote R2P as a framework that emphasises non-coercive, preventative intervention facilitated through regional actors. [ABSTRACT FROM AUTHOR]
- Published
- 2013
- Full Text
- View/download PDF
31. 1. THE FUNCTIONING OF THE WTO IN 2018 AND THE CHALLENGES TO THE DISPUTE SETTLEMENT SYSTEM.
- Author
-
SACERDOTI, GIORGIO
- Subjects
CONFLICT management ,TRADE regulation ,UNITED States-Mexico-Canada Agreement ,INVESTOR-state arbitration ,INTERNATIONAL law ,FOOD sovereignty ,INTERNATIONAL trade - Abstract
The artic le discusses about the functioning of the World Trade Organization in 2018 and the challenges in the dispute settlement system. They include US closed support of multilateralism in principle and practice. The trade wars in the US administration are the unilateral increase of US import custom duties on steel and aluminum from all sources and the introduction of a 10% surcharge on imports from China.
- Published
- 2019
- Full Text
- View/download PDF
32. The American intelligence breakdown in Iraq and the failure of the strategies of conflict 'transformation'.
- Author
-
Azem, Ahmad Jamil
- Subjects
IRAQ War, 2003-2011 ,NATIONALISM ,CONFLICT management ,SOCIAL structure - Abstract
This paper shows how the American planning for the war in Iraq of 2003 lacked the use of major academic and scientific disciplines. Some basic theories and principles in the field of nationalism and ethnicity studies as well as the field of Middle Eastern studies were supposed to guide the planning for the post-war era in a better way. The goals of the war were originally very ambitious and included 'conflict transformation' which implies facilitating changes in the social and political structure of Iraq and the Middle East, but it has now changed to the more modest goal of 'conflict management' which focuses on containing violence. [ABSTRACT FROM AUTHOR]
- Published
- 2010
- Full Text
- View/download PDF
33. Face-Saving Maneuvers and Strong Third-Party Mediation: The Lancaster House Conference on Zimbabwe-Rhodesia.
- Author
-
Novak, Andrew
- Subjects
CONFLICT management ,ARBITRATION & award ,PUBLIC officers ,MEDIATION ,PEACEBUILDING ,HISTORY of Zimbabwe, 1965-1980 - Abstract
Where two opposing sides are engaged in violent conflict and a process of political disintegration, the ability to protect an already-contested legitimacy becomes crucial to a negotiated agreement. Lord Carrington, the mediator between the government of Zimbabwe-Rhodesia and the guerrilla forces of the Patriotic Front, helped the parties save face at the Lancaster House Conference in 1979. Using a tactic of strong third-party mediation, Carrington accepted responsibility for the concessions the opposing delegations made, allowing them to protect their reputation among supporters. This paper examines the three primary ways the parties at Lancaster House attempted to save face: using the mediator as scapegoat, engaging in sharp confrontation in public and flexible conciliation in private, and conducting “shadow” negotiations through Commonwealth Secretary-General Sir Shridath Ramphal. [ABSTRACT FROM AUTHOR]
- Published
- 2009
- Full Text
- View/download PDF
34. Religion and Mediation: The Role of Faith-Based Actors in International Conflict Resolution.
- Author
-
Bercovitch, Jacob and Kadayifci-Orellana, Ayse S.
- Subjects
CONFLICT management ,RELIGION ,PEACE ,INTERNATIONAL relations ,INTERNATIONAL mediation ,RELIGION & justice ,MEDIATION - Abstract
Religion has often been thought of as playing a crucial role in generating conflicts, particularly internal ones. While it may often be a source of conflict, its role in the overall peace process has all too often been overlooked. In this paper we emphasize the importance of religion and religious actors in the process of mediation. We examine the general conditions that facilitate mediation in international relations and assess how much these hold true in the case of faith-based mediation. We find that aspects such as legitimacy and leverage have a major impact on the success or failure of mediation. We examine how these factors manifest themselves in the case of religious mediators, and we show that legitimacy and leverage are still crucial to successful mediation but have a very different meaning and content in the case of religious actors. We explore the consequences of these differences and explain how religious mediation may work best in tandem with the more traditional forms of mediation. [ABSTRACT FROM AUTHOR]
- Published
- 2009
- Full Text
- View/download PDF
35. Peace ethology.
- Author
-
Verbeek, Peter
- Subjects
INTERPERSONAL relations in children ,RECONCILIATION ,CONFLICT management ,INTERPERSONAL relations ,CHILD psychology ,HUMAN behavior - Abstract
Three decades of systematic observations provided evidence that peacemaking, like aggression, is a natural aspect of primate social behaviour. Inspired by the work on non-human primates, researchers in the USA, Europe, and Japan set out to investigate peacemaking in young children, using the methods of observation developed for peacemaking research on non-human primates. The findings from these early child studies suggest that across cultures young children show peacemaking that is remarkably similar in form and timing as has been observed in non-human primates. In this paper I compare and contrast the main findings from the early child studies with some of the key findings of the non-human primate work. I present this comparative evidence of natural peace processes within the context of the ethology of peace. I propose an operational definition of peace and discuss the various themes within the processes of peace that can be investigated based on this proposed multilevel definition. I also present specific ideas for future research and collaboration with related disciplines. In conclusion I argue that peace ethology is uniquely positioned to make an important contribution toward our understanding of how proximate and ultimate factors combine to bring about and constrain peace. [ABSTRACT FROM AUTHOR]
- Published
- 2008
- Full Text
- View/download PDF
36. Young children who intervene in peer conflicts in multicultural child care centers.
- Author
-
Van Hoogdalem, Anne-Greth, Singer, Elly, Bekkema, Nienke, and Sterck, Elisabeth H. M.
- Subjects
INTERPERSONAL conflict ,PEER relations ,CONFLICT management ,INTERPERSONAL relations ,CHILD psychology ,COGNITIVE development - Abstract
In emotionally uncertain situations — as in conflicts of high intensity — young children rely on their teachers, and teachers often intervene in rows. However, child interventions in peer conflicts are also common. In this paper we discuss child interventions in peer conflicts by 2- and 3-year old children at Dutch child care centers. When children are nearby the conflict the probability of an intervention is 0.29. Support of one of the opponents is the most common intervention behavior. The probability of an intervention becomes higher when the teacher is out of sight and the intervening child is playing with one of the opponents. Older children intervene more often than younger children, and Moroccan and Antillean children intervene more often than Dutch children. The findings are related to the 'Relationship Model' of conflict management of de Waal, theories of cognitive development, and of cultural differences in education. [ABSTRACT FROM AUTHOR]
- Published
- 2008
- Full Text
- View/download PDF
37. Wasta in Jordan: A Distinct Feature of (and Benefit for) Middle Eastern Society.
- Author
-
Al-Ramahi, Aseel
- Subjects
WASITAH ,SOCIAL institutions ,CONFLICT management ,ARBITRATION & award - Abstract
Dispute resolution processes are culturally bound. They should reflect the parties' background and culture. This paper shows that wasta is one way of demonstrating the fundamental difference in perceptions and understandings between the East and West. Wasta means both the well-connected, personal intermediary-intervener and the process of intermediation-intervention. Wasta played a major part in the construction of the Kingdom of Jordan in the 1930s and 1940s, which explains its special status within contemporary Jordan. It is deeply rooted in Jordanian society and it informs transaction formation and dispute resolution in the country. Thus, any discussion about commercial arbitration in Jordan and the Middle East must be informed by wasta and its norms. [ABSTRACT FROM AUTHOR]
- Published
- 2008
- Full Text
- View/download PDF
38. Comments on the XIV International HIV/AIDS Conference: An 'Ubuntu' Perspective.
- Author
-
Mulaudzi, Fhumulani Mavis
- Subjects
AIDS prevention ,HIV ,HIV infections ,EPIDEMICS ,CONFLICT management ,CONFERENCES & conventions - Abstract
The statistical reports as shown by the Joint United Nations programme on HIV/AIDS (UNAIDS) indicate that despite efforts to combat the epidemic, the number of new infections continues to rise daily. "Ibis paper reflects on resolutions taken during the XIV International HIV/AIDS Conference in an attempt to link them with the role that the African continent may play in the fight against HIV/AIDS. "The principles of 'ubuntu', such as sharing of opportunities, responsibilities and challenges, participatory decision making and leadership, and reconciliation as a goal of conflict management, are used as the point of departure in assessing a range of key issues debated in the Conference. [ABSTRACT FROM AUTHOR]
- Published
- 2007
- Full Text
- View/download PDF
39. Mediating Rights-Based Conflicts: Making Self-Determination Negotiable.
- Author
-
Babbitt, Eileen F.
- Subjects
NATIONAL self-determination ,NEGOTIATION ,CONFLICT management ,SECESSION - Abstract
How can the international community more effectively prevent self-determination conflicts from escalating to violence? The most useful way is to make such conflicts "negotiable," rather than standing by while minority groups and governments square off against each other. To do this, the international community must (1) understand what causes the parties to choose violence; (2) understand the dynamics that make such conflicts intractable, including the rights claims; and (3) design interventions that create more favorable conditions for minority groups and governments to negotiate rather than fight. Drawing upon the analysis of two major self-determination conflicts, this paper argues that such interventions should: include a clearer statement from official international bodies about the conditions under which secession will be deemed acceptable under international law; provide a mediated process in which minority groups and governments can convene to discuss their concerns and interests; and foster collaboration between official and non-official third parties in these negotiations to draw upon the strengths of both in assisting minority groups and governments to work through their differences. [ABSTRACT FROM AUTHOR]
- Published
- 2006
- Full Text
- View/download PDF
40. How to Reduce Uncertainty in a Context of Innovation: The Case of IBM's Negotiation of its European Works Council.
- Author
-
Le Flanchec, Alice
- Subjects
BUSINESS negotiation ,NEGOTIATION ,APPLIED psychology ,CONFLICT management ,SOCIOLOGY of risk ,MANAGEMENT - Abstract
Uncertainty is one of the natural consequences of innovation. Regardless of the particular area, innovation leads to unknown situations ranging from the creation of high-tech new products to profound modification of economic and social structures. This uncertainty creates difficulties for negotiation processes because it becomes almost impossible to anticipate all the consequences of any agreement. Consequently, innovation tremendously enhances the uncertainty of a negotiator with regard to his own interests. Uncertainty about the opponent's interests and behavior is of course another major concern and has been dealt with extensively by many authors. This paper deals with the very different concept of uncertainty regarding one's own interests. It analyzes the impact of this form of uncertainty in the negotiation process, examining the 1997–1999 negotiations at IBM over the implementation of a European Works Council. We show that when a negotiator is uncertain about his own interests, he is less inclined to consider positions located in his uncertainty zone. This occurs as soon as he discoevers an acceptable outcome outside of this zone, even when the agreement is little differentthan the status quo. The negotiator will persist in such a strategy even though alternative agreements located in the uncertainty zone could be more advantageous for one or even both parties. In order to enlarge the zone of potential agreements between parties, a negotiator should undertake one further step: exploration of his own uncertainty zone. We demonstrate that the adoption of such a strategy, is innovative in and of itself, requiring a pro-active and creative attitude on the part of negotiators in order to discover appropriate uncertainty reduction mechanisms. [ABSTRACT FROM AUTHOR]
- Published
- 2004
- Full Text
- View/download PDF
41. Treaties and Conflict Management in Enduring Rivalries.
- Author
-
Goertz, Gary and Diehl, Paul F.
- Subjects
CONFLICT management ,LIFE cycles (Biology) ,TREATIES ,LIFE cycle costing ,ROLE conflict ,ARMS control - Abstract
Simply equating treaties with conflict management success distorts a more complex relationship. The relationship of treaties to conflict management depends fundamentally on the kinds of treaties involved and where they occur in the life cycle of rivalries. This paper explores these issues and analyzes how treaties might be understood in the conflict-management process of enduring rivalries. In our conception, two basic categories of treaties play roles relevant to the conflict management of rivalries: security treaties and functional treaties. Security treaties are agreements between rivals that address specifically the issues at stake in the rivalry, or are military-related agreements involving arms control and the like. Functional treaties deal with non-security issues such as trade, the environment, and other matters. We propose that these two kinds of treaties play different roles in the conflict-management process, functioning as independent or dependent variables in the analyses of conflict-management success depending on their type and the life cycle of the rivalry. Our analysis of treaties flows from our punctuated equilibrium model of rivalries and decision-making. [ABSTRACT FROM AUTHOR]
- Published
- 2002
- Full Text
- View/download PDF
42. Relational Frames and Their Ethical Implications in International Negotiation: An Analysis Based on the Oslo II Negotiations.
- Author
-
Donohue, William A. and Hoobler, Gregory D.
- Subjects
POLITICAL affiliation ,POLITICAL parties ,POWER (Social sciences) ,DIPLOMATIC negotiations in international disputes ,CONFLICT management ,INTERNATIONAL relations - Abstract
In a recent set of papers, Donohue and colleagues used Relational Order theory to describe the relational context that evolved during the first Oslo negotiations held in 1992–1993. However, many relational shifts have developed between Palestinians and Israelis since Oslo. The question is have these shifts established a context that allows for the parties to bargain in good faith? Negotiations conducted to satisfy political agendas that are likely to fail because of stressed relationships between the parties make it difficult for parties to bargain in good faith. Relational Order Theory was used in the current article to better understand the relational context leading to the 1995 Oslo II accords and thus, the ethical sanction of the negotiations. Editorials and interviews from Palestinian and Israeli leaders leading up to the negotiations were analyzed to determine the extent to which the relational context was more affiliation-oriented or more focused on power and domination. The results indicate that the relational context leading up to Oslo II shifted dramatically over the course of several months as parties shaped their perspectives on the negotiations. However, the competition for power expressed by the exchanges suggested a less ethically defensible context for negotiations. The ethical implications of forcing negotiation in the face of a fairly aggressive relational context are discussed. [ABSTRACT FROM AUTHOR]
- Published
- 2002
- Full Text
- View/download PDF
43. Peace Work by Civil Actors in Post-Communist Societies.
- Author
-
Francis, Diana and Ropers, Norbert
- Subjects
INTERNATIONAL mediation ,NONGOVERNMENTAL organizations ,ETHNIC conflict ,SOCIAL conflict ,CONFLICT management - Abstract
This paper addresses the entire collection of peace tasks and roles that confronts civil actors in the post-communist societies of Central and Eastern Europe and the former Soviet Union. Peace work in post-communist societies is viewed as inseparable from the creation of a new culture for dealing with political and social conflicts. [ABSTRACT FROM AUTHOR]
- Published
- 1999
- Full Text
- View/download PDF
44. The Meeting in East-West Negotiations in Post-Soviet Russia.
- Author
-
Svedberg, Erika
- Subjects
CROSS-cultural communication ,DIPLOMATIC negotiations in international disputes ,INTERNATIONAL mediation ,CONFLICT management - Abstract
Intercultural communication poses challenges to East-West negotiations in the post Cold War era. The meeting in East-West negotiations is a metaphor for the processes that were set in motion when parties representing Western and Eastern organizations respectively negotiated on cooperation projects. The projects in question were of two types: the profit driven type (joint ventures), and the NGO, non-profit driven type. In applying a relational approach to analyzing negotiations, this paper presents four different typologies of the East-West meeting. The material that forms the basis for these analytical typologies consists of the two parties' perceptions of meeting, negotiating, and cooperating with the Other. The material was gathered via the author's own experience as a negotiator of a Russian-Swedish NGO project between 1991-1994, and also by studying a number of East-West joint ventures and NGO projects in post-Soviet Russia between 1991-96. The four meeting typologies developed in the article are (1) Concurring Perceptions; (2) Mirror Perceptions; (3) Inverted Perceptions; and a type of meeting characterized by a process that has been named (4) Recreating the Other. [ABSTRACT FROM AUTHOR]
- Published
- 1996
- Full Text
- View/download PDF
45. Intra-State conflict and indigenous-based conflict resolution mechanisms in Malawi: the role of the Public Affairs Committee.
- Author
-
Hussein, Mustafa Kennedy
- Subjects
CONFLICT management ,CIVIL war ,POLITICAL change ,DEMOCRACY ,NONGOVERNMENTAL organizations - Abstract
Malawi's political transition from single-party rule to multiparty democracy in June 1994 raised expectations for sustainable peace in the country, among others by passing a new legal framework that provided for conflict resolution mechanisms and good governance. However, political conflicts that have posed challenges to the foundations of peace and political stability have been a characteristic of the multiparty dispensation, leading to interventions by indigenous institutions whose aim is to build peace. This paper, which is based on field research, analyses the major political conflicts that have occurred on Malawi's political scene since the 1990s. Using the Public Affairs Committee (PAC, an indigenous-based interfaith organization) as a case study, the paper illustrates the challenges facing the indigenous conflict resolution mechanisms. It also shows that despite the political transition, the sociopolitical environment still exhibits political behaviour and norms formed during the 30 years of single-party rule. There is a need for capacity building and deliberate policy to enhance the indigenous-based mechanisms in order to promote sustainable peace in the country. [ABSTRACT FROM AUTHOR]
- Published
- 2013
- Full Text
- View/download PDF
46. The reading & interpretation of Matthew 18:21-22 in relation to multiple reconciliations: the Zimbabwean experience.
- Author
-
Machingura, Francis
- Subjects
POLITICAL violence ,CONFLICT management ,RECONCILIATION - Abstract
How should Zimbabwean people reconcile without resorting to violence in the face of different political views? Surprisingly, Mugabe's calls for peace, unity, reconciliation, integration and forgiveness have left Zimbabwean society more wounded, divided and polarized than healed, and more disintegrated than integrated. This paper takes the call for reconciliation, healing and integration for Zimbabweans as the wrong prescription to the violence-infested' country as long as the call does not incorporate the genuine quest for justice and truth. Truth and justice should come before any call for healing, reconciliation and integration. The paper explores the possible implications of the reading of Matthew 18:21-22 in relation to reconciliation in the face of the continual and structural violence in Zimbabwe. [ABSTRACT FROM AUTHOR]
- Published
- 2013
- Full Text
- View/download PDF
47. The Significance of the Notion of Dispute and Its Foreseeability in an Investment Claim Involving a Corporate Restructuring.
- Author
-
Baumgartner, Jorun
- Subjects
CORPORATE reorganizations ,CONFLICT management ,JURISPRUDENCE - Abstract
Corporate restructuring is a practice arbitral tribunals have been increasingly confronted with in recent years. In their attempt to draw a line between 'legitimate nationality planning' and 'abusive treaty shopping', arbitral tribunals have over the years developed a line of jurisprudence that focuses on the timing of the corporate restructuring: rejecting jurisdiction ratione temporis if a dispute already existed at the time of the restructuring, respectively finding the claim inadmissible on grounds of abuse of rights/abuse of process if the dispute was foreseeable. Thus, the question invariably arises when a dispute has come into being respectively when it is foreseeable. However, arbitral tribunals have applied existing international jurisprudence on the notion of dispute only inconsistently. The present article critically analyses the application of the 'pre-existing/foreseeable dispute' jurisprudence in the recent Philip Morris v Australia award and other restructuring arbitral decisions. [ABSTRACT FROM AUTHOR]
- Published
- 2017
- Full Text
- View/download PDF
48. Peacekeeping, Disarmament, and the New Agenda for Peace.
- Author
-
Ponzio, Richard and Siddiqui, Muznah
- Subjects
DISARMAMENT ,INTERNATIONAL organization ,PEACEKEEPING forces ,PEACE ,CONFLICT management - Abstract
This article examines briefly the changing nature of conflict from the end of the Cold War until the present "post-post Cold War" era. Against the backdrop of Secretary-General António Guterres's forthcoming (June 2023) New Agenda for Peace in response to the changing nature of warfare, alongside waning demand for certain UN conflict management tools, the article offers concrete recommendations for advancing peacekeeping (a New Civilian Response Capability, investing in hybrid and partnership-oriented peacekeeping, and revisiting the idea of standing peacekeeping forces) and disarmament (enhanced Arms Trade Treaty transparency, aligning the interests of nuclear armed states and non–nuclear weapons states, and establishing global norms on the illegality of specific types of cyber behavior) through the world body. Reform proposals privilege the development of multilateral and local capacities for peace. The article concludes with some thoughts on the research agenda ahead for scholars and policy analysts dedicated to studying and pursuing peace through more effective approaches to global governance. [ABSTRACT FROM AUTHOR]
- Published
- 2023
- Full Text
- View/download PDF
49. Elementary Students' Management of Conflicts in an Engineering Design Process and Its Effects on Their Group Interaction Progress.
- Author
-
Kim, Ji Eun and Park, Jisun
- Subjects
ENGINEERING design ,CONFLICT management ,SOCIAL interaction ,INDUSTRIAL engineering ,ENGINEERING management - Abstract
This study aimed to examine how students managed conflicts in an engineering design process and how different management styles affected their group interaction progress. We observed three groups of students in classes, where they designed devices to solve water shortages. Students' interactions involving conflict in these lessons were analyzed in terms of their conflict management style. Twenty conflict-based interactions were observed in the process of engineering design, and these occurred in all groups. Most conflict-based interactions we observed were task conflicts, and students showed conflict management styles of dominating, avoiding, obliging, integrating, and compromising. These different conflict management styles led to different amounts of progress in group interactions. Avoiding and dominating terminated interactions and prevented students from developing their ideas further. Dominating and obliging caused relationship conflict. Integrating and compromising management styles led to more productive student interactions. This study suggests that further educational efforts are necessary to teach students how to effectively manage conflicts in engineering design processes. [ABSTRACT FROM AUTHOR]
- Published
- 2023
- Full Text
- View/download PDF
50. Reconciliation in human adults: a video-assisted naturalistic observational study of post conflict conciliatory behaviour in interpersonal aggression.
- Author
-
Philpot, R., Liebst, L.S., Rosenkrantz Lindegaard, M., Verbeek, P., and Levine, M.
- Subjects
AGGRESSION (Psychology) ,RECONCILIATION ,CONFLICT management ,SCIENTIFIC observation ,ADULTS ,HUMAN settlements - Abstract
Reconciliation is an aspect of conflict resolution, with similar behavioural patterns documented in non-human primates, human children, and human adults of non-Western, non-industrialized cultures. Reconciliation amongst adults of industrialized societies has rarely been studied. We observed naturally occurring conflicts between adults, captured by public security cameras in England. Reconciliation was found in one-quarter of all conflicts and was more prevalent in milder conflicts. Reconciliation typically occurred spontaneously between opponents — and was found within friendship groups and across stranger groups. Reconciliation between opponents also appeared to be stimulated by peers, law enforcement, or shared objects. In some instances, reconciliation extended beyond the initial conflict dyad toward victimized third-party peacemakers. These findings add to growing cross-cultural and cross-species evidence demonstrating the presence and function of post-conflict reconciliation. We extend the repertoire of reconciliatory behaviour and introduce five common features of reconciliation that are central to the study of adult peacemaking. [ABSTRACT FROM AUTHOR]
- Published
- 2022
- Full Text
- View/download PDF
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