Resolving Disputes Between Nations


Book Description

The use of force and coercion to settle disputes between nations is a central problem of our time. Martin Patchen considers the circumstances that lead nations to use coercive means in disputes with other nations and also examines the effectiveness of other means of resolving international disputes. Patchen examines conflict and cooperation as general social processes and builds on previous work to present an overall theoretical framework that encompasses the conflict situation, perceptions of the adversary, decision-making, bargaining, and interaction and influence sequences.







International Dispute Resolution


Book Description

The contributions in this book cover a wide range of topics within modern disputeresolution, which can be summarised as follows: harmonisation, enforcement andalternative dispute resolution. In particular, it looks into the impact of harmonisedEU law on national rules of civil procedure and addresses the lack of harmonisationin the US regarding the recognition and enforcement of foreign judgments. Furthermore,the law on enforcement is examined, not only by focusing on US law, but also onhow to attach assets in order to enforce a judgment. Finally, it addresses certain typesof alternative dispute resolution. In addition, the book looks into the systems andcultures of dispute resolution in several regions of the world, such as the EU, the US andChina, that have a high impact on globalisation. Hence, the book is diverse in the senseof dealing with multiple issues in the field of modern dispute resolution./div The book offers explorations of the impact of international rules and EU law on domesticcivil procedure, through case studies from, among others, the US, China, Belgium andthe Netherlands. The relevance of EU law for the national debate and its impact on theregulation of civil procedure is also considered. Furthermore, several contributions discussthe necessity and possibility of harmonisation in the emergency arbitrator mechanisms inthe EU. The harmonisation of private international law rules within the EU, particularlythose of a procedural nature, is juxtaposed to the lack thereof in the US. Also, the bookoffers an overview of the current dispute settlement mechanisms in China. The publication is primarily meant for legal academics in private international law andcivil procedure. It will also prove useful to practitioners regularly engaged in cross-borderdispute resolution and will be of added value to advanced students, as well as to those withan interest in international litigation and more generally in the area of dispute resolution. Vesna Lazić is Senior Researcher at the T.M.C. Asser Institute, Associate Professor ofPrivate Law at Utrecht University and Professor of European Civil Procedure at theUniversity of Rijeka. Steven Stuij is an expert in Private International Law and a PhD Candidate/GuestResearcher at the Erasmus School of Law, Rotterdam. Ton Jongbloed is Guest Editor on this volume./div




International Organizations and the Promotion of Effective Dispute Resolution


Book Description

This second volume of the AIIB Yearbook of International Law examines the role of international organizations in promoting effective dispute resolution. It is divided into five parts to reflect a series of overarching themes and relationships. Firstly, international arbitration’s effectiveness and affinity with multilateral institutions. Second, international organizations as proponents of the norms of dispute resolution. Third, the dispute resolution mandates of international organizations. Fourth, the role of dispute resolution and economic development. Together, this diversity of perspectives offers convincing evidence that effective dispute resolution is a precondition to successful economic development—and that international organizations have an essential role to play in promoting both. The fifth part presents the 2018 AIIB Law Lecture given by Georg Nolte, Chair of the International Law Commission, on the subject of ‘International Organizations in the Recent Work of the International Law Commission’ and the 2018 AIIB Legal Conference Report.




International Dispute Settlement


Book Description

A guide to the techniques and institutions used to solve international disputes, how they work and when they are used. This textbook looks at diplomatic (negotiation, mediation, inquiry and conciliation) and legal methods (arbitration, judicial settlement). It uses many, often topical, examples of each method in practice to place the theory of how things should work in the context of real-life situations and to help the reader understand the strengths and weaknesses of different methods when they are used. It also looks at organisations such as the International Court and the United Nations and has been fully updated to include the most recent arbitrations, developments in the WTO and the International Tribunal for the Law of the Sea, as well as case law from the International Court of Justice.




International Law in a Transcivilizational World


Book Description

This book adopts a 'trans-civilizational' perspective on the history and development of current West-centric international law.




The Peaceful Settlement of International Disputes


Book Description

This book offers students a clear and systematic overview of procedures for peaceful dispute settlement in international law.




Pathways for Peace


Book Description

Violent conflicts today are complex and increasingly protracted, involving more nonstate groups and regional and international actors. It is estimated that by 2030—the horizon set by the international community for achieving the Sustainable Development Goals—more than half of the world’s poor will be living in countries affected by high levels of violence. Information and communication technology, population movements, and climate change are also creating shared risks that must be managed at both national and international levels. Pathways for Peace is a joint United Nations†“World Bank Group study that originates from the conviction that the international community’s attention must urgently be refocused on prevention. A scaled-up system for preventive action would save between US$5 billion and US$70 billion per year, which could be reinvested in reducing poverty and improving the well-being of populations. The study aims to improve the way in which domestic development processes interact with security, diplomacy, mediation, and other efforts to prevent conflicts from becoming violent. It stresses the importance of grievances related to exclusion—from access to power, natural resources, security and justice, for example—that are at the root of many violent conflicts today. Based on a review of cases in which prevention has been successful, the study makes recommendations for countries facing emerging risks of violent conflict as well as for the international community. Development policies and programs must be a core part of preventive efforts; when risks are high or building up, inclusive solutions through dialogue, adapted macroeconomic policies, institutional reform, and redistributive policies are required. Inclusion is key, and preventive action needs to adopt a more people-centered approach that includes mainstreaming citizen engagement. Enhancing the participation of women and youth in decision making is fundamental to sustaining peace, as well as long-term policies to address the aspirations of women and young people.




International Conflict Resolution After the Cold War


Book Description

The end of the Cold War has changed the shape of organized violence in the world and the ways in which governments and others try to set its limits. Even the concept of international conflict is broadening to include ethnic conflicts and other kinds of violence within national borders that may affect international peace and security. What is not yet clear is whether or how these changes alter the way actors on the world scene should deal with conflict: Do the old methods still work? Are there new tools that could work better? How do old and new methods relate to each other? International Conflict Resolution After the Cold War critically examines evidence on the effectiveness of a dozen approaches to managing or resolving conflict in the world to develop insights for conflict resolution practitioners. It considers recent applications of familiar conflict management strategies, such as the use of threats of force, economic sanctions, and negotiation. It presents the first systematic assessments of the usefulness of some less familiar approaches to conflict resolution, including truth commissions, "engineered" electoral systems, autonomy arrangements, and regional organizations. It also opens up analysis of emerging issues, such as the dilemmas facing humanitarian organizations in complex emergencies. This book offers numerous practical insights and raises key questions for research on conflict resolution in a transforming world system.




Resolving Identity-Based Conflict In Nations, Organizations, and Communities


Book Description

Conflict can either destroy or create—depAnding on whether and how it is guided. This is the simple yet profound insight that underlies Jay Rothman's innovative new framework for understanding and transforming identity-based conflict in nations, organizations, and communities. Reading a newspaper, working in an organization, or sitting in on a town meeting can provide vivid examples of identity conflicts in action. Based in the national, organizational, and community groups that provide individuals with meaning, safety, and dignity, identity conflicts are passionate and volatile because they strike at our core: who we really are and what we care about most deeply. Though often impervious to traditional methods of conflict management, identity-based conflict also provides adversaries with dynamic opportunities for finding not only common ground, but higher ground than separate parties could have found on their own. Grounded in his grassroots conflict resolution work in the Middle East — work that earned him the honor of witnessing the historic White House handshake between Prime Minister Yitzhak Rabin and PLO President Yasser Arafat — and brilliantly refined to address a wide range of organizational and community conflicts, Rothman's ARIA model is a versatile and innovative synthesis of the best contemporary ideas in conflict management, resolution, and transformation. Step by step, Resolving Identity-Based Conflict traces the ARIA journey through Antagonism, Resonance, Invention, and Action in a variety of environments. In straightforward, jargon-free language, Rothman conveys solid theoretical insights and practical how-to's that allow researchers and practitioners to: Recognize the crucial differences between identity- and resource-based conflicts Zero in on the needs and motivations shared by even the bitterest of adversaries Create joint agendas for groups in conflict Transform intragroup and intergroup conflicts in organizations of every k