Conciliation in International Law
Conciliation in International Law

Author: Christian Tomuschat

Publisher: BRILL

Published: 2016-11-01

Total Pages: 257

ISBN-13: 9004312110

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This volume collects the materials underlying the International Colloquium “Conciliation in the Globalized World of Today“, held on 11 and 12 June 2015 in Vienna under the auspices of the Court of Conciliation and Arbitration within the OSCE. The aim of the Colloquium was to examine the merits and possible shortcomings of this method of conflict resolution, and it concluded that the pros heavily outweigh the cons. This volume therefore draws the attention of everyone dealing with conflict management to those advantages. It does not end by providing a summary of conclusions to be drawn from the examination of the rules governing the OSCE Court and the practice of the other institutions considered. The reader will have to find out her/himself what experiences have been made in other fields where conciliation has been institutionalized as a dispute-settlement procedure. In this regard, the present book constitutes a treasury of lessons that cannot easily be brought down to a common denominator.

Crisis and Conciliation
Crisis and Conciliation

Author: James Ker-Lindsay

Publisher: Bloomsbury Publishing

Published: 2020-07-23

Total Pages: 185

ISBN-13: 1350172596

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When Abdullah Ocalan, leader of the Kurdistan Workers' Party (PKK), was arrested in February 1999, it marked a turning point in relations between Greece and Turkey. As the country's most wanted man, his arrest was greeted with jubilation throughout most of Turkey. However, it also led to a public outcry when it emerged that he had been captured leaving the Greek Embassy in Nairobi, Kenya. This was seen as definitive proof that the Greek Government had been aiding and abetting the PKK. In the days and weeks that followed the arrest, relations between the Aegean neighbours sank to their lowest level since the summer of 1974, when Athens and Ankara had come to the brink of war over Cyprus. However, by the end of the year, the picture could not have been more different. An improbable series of events that included a regional conflict, two major disasters and the death of a senior Greek politician had led to a complete transformation in the relations between the two countries. The crowning moment of this change came in December when Greece dropped its long-standing opposition to Turkish candidacy for EU membership. How did this remarkable change come about? Who should take the credit? And what did it mean for diplomatic relations in the Eastern Mediterranean? This is the story of how two countries started down a path to peace after decades of tension and hostility and how, over the course of one monumental year, relations between Greece and Turkey went from the brink of conflict to an unprecedented affirmation of friendship and solidarity.

A History of Alternative Dispute Resolution
A History of Alternative Dispute Resolution

Author: Jerome T. Barrett

Publisher: John Wiley & Sons

Published: 2004-10-19

Total Pages: 330

ISBN-13: 0787975427

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A History of Alternative Dispute Resolution offers a comprehensive review of the various types of peaceful practices for resolving conflicts. Written by Jerome Barrett—a longtime practitioner, innovator, and leading historian in the field of ADR—and his son Joseph Barrett, this volume traces the evolution of the ADR process and offers an overview of the precursors to ADR, including negotiation, arbitration, and mediation. The authors explore the colorful beginnings of ADR using illustrative examples from prehistoric Shaman through the European Law Merchant. In addition, the book offers the historical context for the use of ADR in the arenas of diplomacy and business.

Mediation in Collective Labor Conflicts
Mediation in Collective Labor Conflicts

Author: Martin C. Euwema

Publisher: Springer

Published: 2019-05-28

Total Pages: 337

ISBN-13: 3319925318

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This open access book opens up the black box of mediation in collective conflicts through the analyses and comparisons of various systems. Mediation and related third party interventions such as conciliation and facilitation are discussed as effective prevention and regulation tools for different types of collective labor conflicts. These interventions fit in a new developed five-phase model of collective conflicts in organizations, going from capacity building in latent conflicts, through conciliation, mediation and arbitration in escalating phases, to rebuilding of trust after hot conflicts. The authors promote understanding and discussion with regards to labor mediation systems, presenting comparative research on the perspectives of mediators and users of mediation. This book describes and analyses laws, regulations and practices of mediation in seventeen countries, with a relative strong emphasis on Europe. Part 1 presents theoretical frameworks on conciliation and mediation in collective labor conflicts. Part 2 presents regulations and practices in 12 European countries: Belgium, Denmark, Estonia, France, Italy, Poland, Portugal, Spain, The Netherlands, and the United Kingdom. Part 3 discusses mediation in these collective conflicts in Australia, China, India, South Africa and the USA. Part 4 offers conclusions and ways forward. This book offers analyses, good practices and developments for third party intervention in collective labor conflicts in global and local changing environments. This book is a must-read for policy makers, , social partners at different levels, as well as scholars and practitioners in industrial relations, human resources management and conflict management, particularly conciliators and mediators.

Research Handbook on Mediating International Crises
Research Handbook on Mediating International Crises

Author: Jonathan Wilkenfeld

Publisher: Edward Elgar Publishing

Published: 2019

Total Pages: 439

ISBN-13: 1788110706

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Current conceptions of mediation can often fail to capture the complexity and intricacy of modern conflicts. This Research Handbook addresses this problem by presenting the leading expert opinions on international mediation, examining how international mediation practices, mechanisms and institutions should adapt to the changing characteristics of contemporary international crises.

War and the Crisis of Youth in Sierra Leone
War and the Crisis of Youth in Sierra Leone

Author: Krijn Peters

Publisher: Cambridge University Press

Published: 2011-03-28

Total Pages: 293

ISBN-13: 1139497391

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The armed conflict in Sierra Leone and the extreme violence of the main rebel faction - the Revolutionary United Front (RUF) - have challenged scholars and members of the international community to come up with explanations. Up to this point, though, conclusions about the nature of the war are mainly drawn from accounts of civilian victims and commentators who had access to only one side of the war. The present study addresses this currently incomplete understanding of the conflict by focusing on the direct experiences and interpretations of protagonists, paying special attention to the hitherto neglected, and often underage, cadres of the RUF. The data presented challenges the widely canvassed notion of the Sierra Leone conflict as a war motivated by 'greed, not grievance'. Rather, it points to a rural crisis expressed in terms of unresolved tensions between landowners and marginalized rural youth, further reinforced and triggered by a collapsing patrimonial state.

English Civil Justice after the Woolf and Jackson Reforms
English Civil Justice after the Woolf and Jackson Reforms

Author: John Sorabji

Publisher: Cambridge University Press

Published: 2014-06-26

Total Pages: 283

ISBN-13: 1107051665

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John Sorabji examines the theoretical underpinnings of the Woolf and Jackson reforms to the English and Welsh civil justice system. He discusses how the Woolf reforms attempted, and failed, to effect a revolutionary change to the theory of justice that informed how the system operated. It elucidates the nature of those reforms, which through introducing proportionality via an explicit overriding objective into the Civil Procedure Rules, downgraded the court's historic commitment to achieving substantive justice or justice on the merits. In doing so, Woolf's new theory is compared with one developed by Bentham, while also exploring why a similarly fundamental reform carried out in the 1870s succeeded where Woolf's failed. It finally proposes an approach that could be taken by the courts following implementation of the Jackson reforms to ensure that they succeed in their aim of reducing litigation cost through properly implementing Woolf's new theory of justice.