Conciliation in International Law


Book Description

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


Book Description

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.




War and the Crisis of Youth in Sierra Leone


Book Description

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.




Mediation in Collective Labor Conflicts


Book Description

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.




Redeeming Church Conflicts


Book Description

Discover practical advice on resolving conflicts and dealing with crises within the church---and learn how to turn each situation into an opportunity for grace. In this hope-filled book, experts Barthel and Edling take you through the Acts 15 model of approaching dissension in order to provide a clear, godly way forward to redemptive reconciliation. 204 pages, softcover from Hendrickson.




Conciliation and Confession


Book Description

Religious conciliators have always faced resistance and critique as they mediate between groups devoted to ideological agendas that leave little room for maneuver and negotiation. From the conciliar to the confessional age, the normal challenges that peacemakers perennially face were magnified. The church was divided, and there did not appear to be any obvious solution to the crisis that had begun in the late fourteenth century with the Great Western Schism (1378-1415). restoration of ecclesial unity, first in the conciliar era, then in the early years of the Protestant reformations, and finally during the confessional age, when the theological and cultural characteristics of competing religious groups began to emerge more clearly. Contributors to this volume argue that the significance of conciliation efforts has been neglected in part because it has been absorbed into discussions of toleration, and in part because of the tendency to project contemporary confessional perspectives on the past. More moderate voices of those working to bridge confessional divides were frequently drowned out by the strident cries of their orthodox critics. religious conflict, was often a conscious intellectual commitment to theological rapprochement. Throughout, special attention is paid to the religiously diverse communities of central and eastern Europe, an area that has often been overlooked by scholars who have focused more exclusively on Protestant/ Catholic relations in the western half of the continent.




Resurgence and Reconciliation


Book Description

The two major schools of thought in Indigenous-Settler relations on the ground, in the courts, in public policy, and in research are resurgence and reconciliation. Resurgence refers to practices of Indigenous self-determination and cultural renewal whereas reconciliation refers to practices of reconciliation between Indigenous and Settler nations, such as nation-with-nation treaty negotiations. Reconciliation also refers to the sustainable reconciliation of both Indigenous and Settler peoples with the living earth as the grounds for both resurgence and Indigenous-Settler reconciliation. Critically and constructively analyzing these two schools from a wide variety of perspectives and lived experiences, this volume connects both discourses to the ecosystem dynamics that animate the living earth. Resurgence and Reconciliation is multi-disciplinary, blending law, political science, political economy, women's studies, ecology, history, anthropology, sustainability, and climate change. Its dialogic approach strives to put these fields in conversation and draw out the connections and tensions between them. By using "earth-teachings" to inform social practices, the editors and contributors offer a rich, innovative, and holistic way forward in response to the world's most profound natural and social challenges. This timely volume shows how the complexities and interconnections of resurgence and reconciliation and the living earth are often overlooked in contemporary discourse and debate.




Annual Report


Book Description




A History of Alternative Dispute Resolution


Book Description

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.




Authority without Power


Book Description

This book offers a comprehensive interpretive study of the role of law in contemporary Japan. Haley argues that the weakness of legal controls throughout Japanese history has assured the development and strength of informal community controls based on custom and consensus to maintain order--an order characterized by remarkable stability, with an equally significant degree of autonomy for individuals, communities, and businesses. Haley concludes by showing how Japan's weak legal system has reinforced preexisting patterns of extralegal social control, thus explaining many of the fundamental paradoxes of political and social life in contemporary Japan.