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Article

Peaceful Purposes? Governing the Military Uses of Outer Space

Journal European Journal of Law Reform, Issue 1 2016
Keywords space law, armed conflict, peaceful purposes, space warfare
Authors Steven Freeland
AbstractAuthor's information

    The development of satellite technology to enhance the exploration and use of outer space has continued at a rapid rate ever since the space age began in 1957. Satellites play a vital part of many aspects of daily life, and also with respect to the conduct of armed conflict. Most military leaders regard space-related technology as an integral element of their strategic battle platform. This reflects the changing technological nature of armed conflict, which challenges many aspects of international law, including the regulation of warfare. This is particularly the case with respect to the use of satellite technology. Moreover, the continuing development of this technology challenges the core of the ‘peaceful purposes’ doctrine that underpins the international regulation of outer space. This article discusses the application of the United Nations Space Treaties and the laws of war to the use of outer space during armed conflict and offers some reflections as to what is required to properly address the issue.


Steven Freeland
Professor of International Law, Western Sydney University; Visiting Professor, University of Vienna: Permanent Visiting Professor, iCourts Centre of Excellence for International Courts, Denmark; Member of Faculty, London Institute of Space Policy and Law; Director, International Institute of Space Law; Member of the Space Law Committee, International Law Association; Member, European Centre of Space Law.
Article

Scholarship as Activism in the Field of Native Studies

A Potential Model for Peace Studies

Journal International Journal of Conflict Engagement and Resolution, Issue 1 2016
Keywords native, indigenous, activism, practice, peace
Authors Jesse James
AbstractAuthor's information

    Native studies is a field in the United States in which many scholars count themselves as activists both in scholarship and practice because their central focus is service to the American Indian community. This interdisciplinary field provides an interesting contrast to peace studies, a similarly interdisciplinary field that, while normatively committed to the study of peace, consists primarily of research that often does not similarly commit the researcher in service to conflict-engaged communities. This article utilizes first-person interviews and evaluates Native studies scholarship through the lens of activism as a potential model for practice-relevant scholarship in peace studies. The concept of scholarship itself as a peace practice is premised on the consideration of both teaching and publishing as forms of activism, here exemplified by Native studies scholars. When acts of scholarship themselves are considered activism and thus practice, the distinction between scholarship and practice is blurred, presenting a challenge to the binary categorizations that have allowed the academy to privilege the knowledge of scholars over that of practitioners. I argue that the experience of Native studies scholars may offer insight for the construction of a framework for peace studies that accounts for scholarship as activism, and in so doing, is better able to evaluate and include both scholarship and practice.


Jesse James
Jesse James is a PhD student in the joint programme in Political Science and Peace Studies at the University of Notre Dame. Her research interests include indigenous sovereignty and self-determination, and the role of international law in assertions of Native and indigenous rights.
Article

The Moral Imagination Embodied

Insights from Artists Navigating Hybrid Identities in Scholarship and Practice

Journal International Journal of Conflict Engagement and Resolution, Issue 1 2016
Keywords community art, peace studies, arts-based peacebuilding, practice, theory
Authors Kathryn M. Lance
AbstractAuthor's information

    The field of conflict engagement is riddled with tensions and challenges, such as the ‘science-practice crisis’ or the ‘scholarship–practice divide’. Using interviews and an inductive, interdisciplinary approach and following the framework of The Moral Imagination, this article aims to deconstruct this core tension of ‘scholarship or practice’. It does this from the perspective of individuals often overlooked in our field: artists. This study included interviews with three specific artists who work along the practice–scholarship spectrum. Even though these artists engage in both scholarship and practice, they do not simply define themselves as ‘scholars’ or ‘practitioners’. Instead, they navigate their identities and work in-between these two terms. While practicing, researching and teaching they exemplify – and also move beyond – the ‘both/and’ approach. Using an inquiry-based, inductive approach to glean insight from these artists gives them voice and opens up a space for their views on the relationship between scholarship and practice. Paying special attention to how artists make sense of their location(s) along the aforementioned spectrum unearths fresh perspectives on the debate while furthering our understanding of the nexus between scholarship and practice


Kathryn M. Lance
Kathryn M. Lance is a PhD student in the joint programme in Psychology and Peace Studies at the University of Notre Dame. Her research focuses on youth resilience and means of addressing trauma in divided societies and conflict settings. She is specifically interested in the effects of arts-based peacebuilding and the relationship between the arts, resilience and trauma healing.
Article

From Liberation Theology to (Liberationist) Peace Studies

Practice, Reflection and the Generation of Scholarship

Journal International Journal of Conflict Engagement and Resolution, Issue 1 2016
Keywords liberation theology, theory, practice, peace studies, religion
Authors Leo Guardado
AbstractAuthor's information

    This article illustrates liberation theology’s evolution and method and argues that its approach to bridging the gap between theory and practice serves as a complement and challenge for conceptualizing the dynamic and fluid relationship between scholarship and practice in peace studies. The 1971 publication of A Theology of Liberation made Fr. Gustavo Gutiérrez one of the most influential scholars and theologians of the 20th century, but the process that led to this publication rests upon the day-to-day reflective practice of its author. Gutiérrez’ commitment to pastoral practice, especially among poor communities, raises questions about whose and what kind of knowledge is privileged in the academy, about the possibility of sustainably sourcing wisdom from local communities and about the necessity of scholars to locate themselves within the realities and among the communities they study. Given the affinity between liberation theology’s inductive method and the elicitive approach in some currents of peace studies, the article places its emphasis on the convergent contributions of Gustavo Gutiérrez and John Paul Lederach and draws information from personal conversations with both authors. As a whole, the article contributes to the bourgeoning and necessary dialogue between peace studies and theology.


Leo Guardado
Leo Guardado is a PhD student in the joint programme in Theology and Peace Studies at the University of Notre Dame. His research interests include liberation theology, human displacement and the role of church communities for building justice and peace.

Setsuko Aoki
Keio University, Japan, saoki@ls.keio.ac.jp.
Article

Dealing with the Regulatory Vacuum in LEO

New Insurance Solutions for Small Satellites Constellations

Journal International Institute of Space Law, Issue 4 2016
Authors Neta Palkovitz
Author's information

Neta Palkovitz
ISIS − Innovative Solutions In Space B.V., The Netherlands, n.palkovitz@isispace.nl, Ph.D. Candidate, International Institute of Air and Space Law, Leiden University, The Netherlands, neta.netnet@gmail.com.

Gabriella Catalano Sgrosso
University of Rome, Italy, sgrossogabriella@gmail.com.
Article

Access_open The Hague Space Resources Governance Working Group

A Progress Report

Journal International Institute of Space Law, Issue 2 2016
Authors Tanja Masson-Zwaan, René Lefeber, Giuseppe Reibaldi e.a.
Author's information

Tanja Masson-Zwaan
Tanja Masson-Zwaan, International Institute of Air & Space Law, Leiden University, The Netherlands, t.l.masson@law.leidenuniv.nl.

René Lefeber
René Lefeber, Netherlands Ministry of Foreign Affairs, The Netherlands, rene.lefeber@minbuza.nl.

Giuseppe Reibaldi
Giuseppe Reibaldi, International Academy of Astronautics (IAA), France, giuseppe.reibaldi@gmail.com.

Merinda Stewart
Merinda Stewart (corresponding author), International Institute of Air & Space Law, Leiden University, The Netherlands, m.e.stewart@law.leidenuniv.nl.

Akiko Watanabe
Independent Researcher, Japan, akiko.watanabe109@gmail.com.

Pierfrancesco Breccia
PhD Student, Public, Administrative and International Law Doctorate, Sapienza University of Rome, P.le Aldo Moro 5, Rome, pierfrancesco.breccia@uniroma1.it.

Ágnes Bujdos
PhD candidate at the University of Debrecen Géza Marton Doctoral School of Legal Studies.
Article

Whose Burden Is It Actually?

The Implementation and Application of the EU Rules on the ‘Burden of Proof’ in Employment Discrimination Cases in Hungarian Law

Journal Hungarian Yearbook of International Law and European Law, Issue 1 2015
Authors Márton Leó Zaccaria
Author's information

Márton Leó Zaccaria
Adjunct professor, Corvinus University of Budapest, Institute of International Studies.

Ágnes Váradi
PhD, research fellow, Hungarian Academy of Sciences, Centre for Social Sciences Institute for Legal Studies.

Kumar Abhijeet
Assistant Professor of Law, National Law School of India University, Bangalore. Doctoral Candidate Institute of Air and Space Law, University of Cologne, Germany.
Article

The Role of Non-Governmental Organizations in Advancing International Criminal Justice

Journal African Journal of International Criminal Justice, Issue 1 2015
Keywords Non-governmental organizations, NGOs and international criminal justice, civil society and human rights, non-state actors in international law
Authors Charles Chernor Jalloh
AbstractAuthor's information

    This article examines the role of non-governmental organizations (NGOs) in advancing international criminal justice. I argue that NGOs have had considerable impact by contributing, among other things, to the global struggle against impunity through advocacy for the creation of more robust institutional mechanisms to prosecute those who perpetrate such crimes. This ranges from supporting the processes that led to the creation of several ad hoc international tribunals for Yugoslavia, Rwanda and Sierra Leone, all the way through to their support for the establishment of an independent permanent international penal court based in The Hague. The crux of my claim is that a historically sensitive approach to evaluating the role of NGOs in international governance shows that these entities are not only willing, but also capable of enhancing the protection of human rights and international criminal justice especially but not exclusively in less developed regions of the world.


Charles Chernor Jalloh
Associate Professor, Florida International University, College of Law, Miami, USA. Email: jallohc@gmail.com.
Article

Non-Violent Struggle

The 1992 Kenyan Case Study of the Protective Power and the Curse of Female Nakedness

Journal International Journal of Conflict Engagement and Resolution, Issue 1 2015
Keywords non-violent struggle, dynamics of non-violent struggle, strategic planning in non-violent struggle, protective power of the vulva, curse of female nakedness
Authors Dr. Peter Karari
AbstractAuthor's information

    Non-violent struggle is a technique by which the population can restrict and sever the sources of power of their oppressors while mobilizing their own potentials into effective power. Female nakedness is one type of non-violent action that can be mobilized to facilitate women’s emancipation from gendered-cum-patriarchal oppression, violence and marginalization. A literature review indicates that female nakedness has been used for many centuries around the world to stop wars, ward off enemies, agitate for rights, prevent pests and increase harvests. Studies show that the effectiveness of non-violent struggle requires strategic planning and understanding of the dynamics involved. This article analyses the 1992 women’s nude protest in Kenya aimed at pushing for the release of political prisoners. This study investigates three questions: (1) In what ways was the 1992 women’s nude protest in Kenya a success? (2) What were the struggle’s flaws? (3) What strategic plans and/or dynamics of non-violent struggle could have been employed to make this protest more effective? The findings of this research indicate that: (1) The nude protest was partially a success because it secured the release of all political prisoners and nurtured democratization; (2) the struggle failed to embrace some strategic planning and/or the dynamics of non-violent struggle in addition to hunger strike and female nakedness; and (3) the protest could have been more successful if it embraced particular strategic plans and/or dynamics of non-violent struggle such as negotiation, power relations, prioritization of tactics and methods of non-violent struggle, access to critical material resources and clear monitoring and evaluation strategies.


Dr. Peter Karari
Dr. Peter Karari will be joining Karatina University, Kenya in September 2015 as a faculty member in the school of education and social sciences where he plans to start a department in Peace and Conflict Studies. He is a PhD graduate in peace and conflict studies from the Arthur Mauro Centre for Peace and Justice, University of Manitoba. He also has a Bachelor in Social-Work from the University of Nairobi in Kenya and a Masters in Peace and Conflicts Research from Otto-von Guericke University in Magdeburg Germany. His areas of focus includes; ethnopolitical violence, transitional justice, peacebuilding, conflict-management, conflict-resolution, conflict-transformation, and human rights. His doctoral research was on ethno-political violence, transitional justice, and peacebuilding in Kenya. He has diverse field and work experience with Non-governmental and community based organizations. He was the Country Program Manager of Drug Abuse Education Program Kenya, Project Coordinator Compassion International Kenya, and Chief Executive Officer Kibera Slum Education Program, an Oxfam GB assisted project in Kenya. Peter has served in various capacities as a student leader, community leader, and as a member of the University of Manitoba senate. He has a great passion for the marginalized and the vulnerable people in the society and has greatly been recognized for his community leadership and human rights activism. He is the winner of the 2010 Nahlah Ayed Prize for Student Leadership and Global Citizenship, University of Manitoba; 2010 Paul Fortier Award in Student Activism, University of Manitoba Faculty Association; 2011 University of Manitoba Alumni Award; 2012 University of Manitoba Dean of Graduate Studies Student Achievement Award; and 2014 University of Manitoba Emerging Leaders Award. Apart from mentoring his students to explore new perspectives and ideas that address their inquisitiveness as human beings, Dr. Karari envisions to actively participate in peacebuilding initiatives to make the world a better place for all to live in. He envisions Perpetual Peace in the World!
Article

Process Pluralism in Transitional-Restorative Justice

Lessons from Dispute Resolution for Cultural Variations in Goals beyond Rule of Law and Democracy Development (Argentina and Chile)

Journal International Journal of Conflict Engagement and Resolution, Issue 1 2015
Keywords transitional justice, conflict resolution, process pluralism, cultural variation, individual and collective justice
Authors Carrie Menkel-Meadow
AbstractAuthor's information

    This article reviews some of the key issues in transitional justice process and institutional design, based on my research and experience working and living in several post-conflict societies, and suggests that cultural and political variations in transitional justice design, practices, and processes are necessary to accomplish plural goals. The idea of process pluralism, derived from the more general fields of conflict resolution and ‘alternative dispute resolution’ in legal contexts, is an essential part of transitional justice, where multiple processes may occur simultaneously or in sequence over time (e.g. truth and reconciliation processes, with or without amnesty, prosecutions, lustration and/or more local legal and communitarian processes), depending on both individual and collective preferences and resources. Transitional justice is itself ‘in transition’ as iterative learning has developed from assessment of different processes in different contexts (post-military dictatorships, civil wars, and international and sub-national conflicts). This article draws on examples from Argentina’s and Chile’s emergence from post-military dictatorships to describe and analyze a plurality of processes, including more formal governmental processes, but also those formed by civil society groups at sub-national levels. This article suggests that ‘democracy development’ and legalistic ‘rule of law’ goals and institutional design may not necessarily be the only desiderata in transitional justice, where more than the ‘legal’ and ‘governmental’ is at stake for more peaceful human flourishing. To use an important concept from dispute resolution, the “forum must fit the fuss”, and there are many different kinds of ‘fusses’ to be dealt with in transitional justice, at different levels of society – more than legal and governmental but also social, cultural and reparative.


Carrie Menkel-Meadow
Carrie Menkel-Meadow is Chancellor’s Professor of Law and Political Science, University of California, Irvine.
Article

Creating New Pathways to Justice Using Simple Artificial Intelligence and Online Dispute Resolution

Journal International Journal of Online Dispute Resolution, Issue 1 2015
Keywords expert system, online dispute resolution, artificial intelligence, access to justice, legal information technology
Authors Darin Thompson
AbstractAuthor's information

    Access to justice in can be improved significantly through implementation of simple artificial intelligence (AI) based expert systems deployed within a broader online dispute resolution (ODR) framework.
    Simple expert systems can bridge the ‘implementation gap’ that continues to impede the adoption of AI in the justice domain. This gap can be narrowed further through the design of multi-disciplinary expert systems that address user needs through simple, non-legalistic user interfaces.
    This article provides a non-technical conceptual description of an expert system designed to enhance access to justice for non-experts. The system’s knowledge base would be populated with expert knowledge from the justice and dispute resolution domains. A conditional logic rule-based system forms the basis of the inference engine located between the knowledge base and a questionnaire-based user interface.
    The expert system’s functions include problem diagnosis, delivery of customized information, self-help support, triage and streaming into subsequent ODR processes. Its usability is optimized through the engagement of human computer interaction (HCI) and affective computing techniques that engage the social and emotional sides of technology.
    The conceptual descriptions offered in this article draw support from empirical observations of an innovative project aimed at creating an expert system for an ODR-enabled civil justice tribunal.


Darin Thompson
Legal Counsel, BC Ministry of Justice; Adjunct Law Professor, University of Victoria; Adjunct Law Professor, Osgoode Hall Law School. Email: darinmobile@gmail.com.
Article

European Earth Observation Data Policy

Meeting Various Goals by Multiple and Diverse Actors: A Herculean Task?

Journal International Institute of Space Law, Issue 5 2015
Authors Irmgard Marboe
Author's information

Irmgard Marboe
Univ. Prof., University of Vienna, Austria

    How best to account for moral quality in adjudication? This article proposes a six-pack of judicial virtues as part of a truly virtue-centred approach to adjudication. These virtues are presented as both constitutive and indispensible for realizing moral quality in adjudication. In addition, it will be argued that in order to honour the inherent relational dimension of adjudication a judge should not only possess these judicial virtues to a sufficient degree, he should also have the attitude of a civic friend. The Aristotelian concept of civic friendship will be proposed as an important complement to a virtue-ethical approach to adjudication.


Iris van Domselaar
Iris van Domselaar is Assistant Professor and Executive Director of the Amsterdam Centre on the Legal Professions (ACLP), Department of Law, University of Amsterdam.
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