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Article

Access_open Digital Justice

Reshaping Boundaries in an Online Dispute Resolution Environment

Journal International Journal of Online Dispute Resolution, Issue 1 2014
Keywords ADR, ODR, DSD, digital technology, boundaries, dispute prevention
Authors Orna Rabinovich-Einy and Ethan Katsh
AbstractAuthor's information

    Digital technology is transforming the landscape of dispute resolution: it is generating an ever growing number of disputes and at the same time is challenging the effectiveness and reach of traditional dispute resolution avenues. While technology has been a disruptive force in the field, it also holds a promise for an improved dispute resolution landscape, one that is based on fewer physical, conceptual, psychological and professional boundaries, while enjoying a higher degree of transparency, participation and change. This promise remains to be realized as the underlying assumptions and logic of the field of dispute resolution have remained as they were since the last quarter of the 20th century, failing to reflect the future direction dispute resolution mechanisms can be expected to follow, as can be learned from the growth of online dispute resolution. This article explores the logic of boundaries that has shaped the traditional dispute resolution landscape, as well as the challenges such logic is facing with the spread of online dispute resolution.


Orna Rabinovich-Einy
Orna Rabinovich-Einy is Senior Lecturer, University of Haifa School of Law. Fellow, National Center for Technology and Dispute Resolution. For advice and suggestions we appreciate the guidance received from participants in the Cardozo Works in Progress conference in November 2013 and the Copenhagen Business School – Haifa Law Faculty Colloquium.

Ethan Katsh
Ethan Katsh is Director, National Center for Technology and Dispute Resolution and Professor Emeritus of Legal Studies, University of Massachusetts at Amherst. This article has benefited from research supported by National Science Foundation award #0968536, ‘The Fourth Party: Improving Computer-Mediated Deliberation through Cognitive, Social and Emotional Support’, <www.nsf.gov/awardsearch/showAward?AWD_ID=0968536>.
Article

Access_open ODR Redress System for Consumer Disputes

Clarifications, UNCITRAL Works & EU Regulation on ODR

Journal International Journal of Online Dispute Resolution, Issue 1 2014
Keywords consumer redress, B2C v/ B2B, ODR, UNCITRAL, EU Regulation
Authors Mirèze Philippe
AbstractAuthor's information

    Despite the evolution and the experience in the field of ODR, it appears that some aspects remain to be clarified in order to attempt to determine which type of procedure would be best adapted to consumer disputes. What does online arbitration mean and is this ODR? What is the profile of the users making use of ODR? What mechanisms are adapted to business disputes and to consumer disputes? Are procedural issues for disputes resolved through mediation similar to those resolved through arbitration? The article discusses about indispensable clarifications which may have an impact on the choice of procedure: mediation or arbitration. It then raises issues related to the UNCITRAL ODR WG discussions on a redress system for cross-border consumer disputes and questions whether types of disputes and potential mechanisms are not confused. Finally, the European Union which adopted a Regulation on ODR for consumer disputes may have found a solution.


Mirèze Philippe
Special Counsel at the Secretariat of the ICC International Court of Arbitration.
Article

Access_open Third-Party Ethics in the Age of the Fourth Party

Journal International Journal of Online Dispute Resolution, Issue 1 2014
Keywords ODR, ethics, fourth party, ADR, standards of practice
Authors Daniel Rainey
AbstractAuthor's information

    ‘Third Party Ethics in the Age of the Fourth Party’ presents and discusses some of the ethical impacts of the use of information and communication technology (ICT) in third party practice (mediation, facilitation, arbitration, etc.). The article argues that all of the ethical requirements related to third party practice have been affected by the use of ICT, that ethical standards of practice must be reviewed in light of the use of ICT, and that changes in ethical requirements based on the use of ICT will be evolutionary, not revolutionary.


Daniel Rainey
Clinical Professor of Dispute Resolution at Southern Methodist University, Chief of Staff for the National Mediation Board, and adjunct faculty in the dispute resolution programmes at Creighton University and Dominican University. <http://danielrainey.us>.
Article

Access_open What Makes Age Discrimination Special? A Philosophical Look at the ECJ Case Law

Journal Netherlands Journal of Legal Philosophy, Issue 1 2014
Keywords age discrimination, intergenerational justice, complete-life view, statistical discrimination, anti-discrimination law
Authors Axel Gosseries
AbstractAuthor's information

    This paper provides an account of what makes age discrimination special, going through a set of possible justifications. In the end, it turns out that a full understanding of the specialness of age-based differential treatment requires that we consider together the ‘reliable proxy,’ the ‘complete-life neutrality,’ the ‘sequence efficiency’ and the ‘affirmative egalitarian’ accounts. Depending on the specific age criteria, all four accounts may apply or only some of them. This is the first key message of this paper. The second message of the paper has to do with the age group/birth cohort distinction. All measures that have a differential impact on different cohorts also tend to have a differential impact on various age groups during the transition. The paper points at the practical implications of anti-age-discrimination law for differential treatment between birth cohorts. The whole argument is confronted all along with ECJ cases.


Axel Gosseries
Axel Gosseries is a permanent research fellow at the Belgian FRS-FNRS and a Professor at the University of Louvain (UCL, Belgium) where he is based at the Hoover Chair in Economic and Social Ethics.
Article

A Thorny Path to the Spotlight

The Rule of Law Component in EU External Policies and EU-Ukraine Relations

Journal European Journal of Law Reform, Issue 1 2014
Keywords rule of law, rule of law promotion, European Union, European Neighbourhood Policy, Ukraine
Authors Olga Burlyuk
AbstractAuthor's information

    The rule of law and its promotion abroad is currently at the core of EU external policies, specifically in the European neighbourhood. But has it always been the case? This article traces the rule of law component of EU external policies in general and EU–Ukraine relations as a case study, and reveals that in the last two decades the rule of law has followed a thorny path to the spotlight, emerging from a rather peripheral place in the 1990s to its currently central one. The article argues that this is a result of three processes: the legislative mainstreaming of the rule of law in the EU itself, the growing ambitiousness of EU–Ukraine relations, and the increased visibility of systemic shortcomings in rule of law application in Ukraine due to the trials of opposition politicians since 2010. The article concludes by suggesting that rule of law components of other EU bilateral relations in the European neighbourhood and beyond are subject to similar processes.


Olga Burlyuk
Recently awarded the degree of Doctor of Philosophy in International Relations, Brussels School of International Studies, the University of Kent.
Article

The Values of the European Union Legal Order

Constitutional Perspectives

Journal European Journal of Law Reform, Issue 1 2014
Keywords European Union, constitutional values, jurisprudence, rule of law, treaty objectives
Authors Timothy Moorhead
AbstractAuthor's information

    At the heart of the European Union legal order lie values directed collectively to the idea of European integration. As a body with significant governmental and lawmaking powers, the Union also presents itself as an institution based upon the rule of law. The Union ‘constitution’ therefore expresses both regulatory powers direct­ed towards European integration as well as rule of law principles whose scope of application is limited by the terms of the Treaties. In this article I consider how this distinctive amalgam of values operates as a constitution for the European Union, by comparison with domestic constitutional values within the Member States. I also consider how Union constitutional demands condition and inform the legal practices of the Court of Justice. Here I identify the interpretive effects of superior Union laws –‍ the core Treaty objectives as well as rule of law principles found within the General Principles ‍– as of particular significance in developing the legal influences of the entire Union project of integration.


Timothy Moorhead
Associate Lecturer, University of Kent.
Article

From a Soft Law Process to Hard Law Obligations

The Kimberley Process and Contemporary International Legislative Process

Journal European Journal of Law Reform, Issue 1 2014
Keywords Kimberley Process, soft law, international law, legislative process
Authors Martin-Joe Ezeudu
AbstractAuthor's information

    Ever since its creation and coming into force in 2003, the Kimberley Process has elicited a number of academic commentaries coming from different backgrounds. Legal scholars who have contributed to the commentaries, simply projected the regulatory regime as an international soft law without further analysis, based on an evaluation of the text of the agreement. This article in contrast, explores its practical effects and the manner of obligations that it imposes on its participant countries. It argues that although the regime may have been a soft law by classification, its obligations are hard and are no different from those of a conventional treaty. Those obligations enhance its juridical force, and are a factor by which the regime on its own tends to nullify the traditional criteria for distinction between hard and soft law in international jurisprudence, because it has elements of both.


Martin-Joe Ezeudu
PhD (Osgoode Hall Law School, York University, Toronto, Canada); LLM (University of Birmingham, UK); LLB (Nnamdi Azikiwe University, Awka, Nigeria); Barrister & Solicitor, Nigeria; Solicitor, England & Wales. An articling student at the Ontario Ministry of the Attorney General (Legal Services Branch of the Ministry of Consumer Services), Toronto, Canada. I am grateful to Prof Ikechi Mgbeoji who introduced me to this line of research. My thanks to Mr Tom van der Meer for his helpful comments on an earlier draft of this article. All errors and omissions remain mine. Dedicated to the loving memory of my brother, Chukwuemeka Innocent Ezeudu ‍–‍ a true brother and companion.
Article

Implementation of Better Regulation Measures in the Internal Security Draft Legislation

The Case of Estonia

Journal European Journal of Law Reform, Issue 1 2014
Keywords better regulation, internal security policy, impact assessment, participation, Estonia
Authors Aare Kasemets and Annika Talmar-Pere
AbstractAuthor's information

    The article analyses the implementation of better regulation measures in the internal security (IS) strategies, draft legislation and administrative routines of the Estonian Ministry of the Interior. The article includes the results of five substudies: (a) the research problem emerged from the studies of the explanatory memoranda of draft laws 2004-2009 according to which the Ministry has some deficiencies in fulfilling the better regulation requirements; (b) mapping of better regulation and internal security policy concepts; (c) content analysis of Estonian IS strategy documents; (d) systematization of Estonian IS laws; and (e) sociological e-survey of officials. Theoretical framework integrates the concepts of institutional theory, discursive democracy, realistic legisprudence and the adaptive strategic management.The main conclusions drawn by the article are as follows: the analysis of the knowledge of draft legislation and the excessive amount of laws in the IS field gives evidence of a lack of systematic regulatory impact assessment (IA); the concept of better regulation is not integrated into IS policy documents (insufficient planning and budgeting of IA); and a sociological e-survey of the officials of the Ministry indicates discontent with the management of the IA of policies and draft legislation. According to institutional analysis, this shows readiness for changes in the context of risk society challenges and adaptation with budgetary contractions.


Aare Kasemets
Estonian Academy of Security Sciences. Email: aare.kasemets@sisekaitse.ee.

Annika Talmar-Pere
Estonian Academy of Security Sciences.
Article

Experimenting with Conflicts Constructively

In Search of Identity for the Field of Conflict Resolution

Journal International Journal of Conflict Engagement and Resolution, Issue 2 2013
Keywords conflict resolution, identity, group identity, constructive engagement, narratives
Authors Michal Alberstein
AbstractAuthor's information

    The field of conflict resolution has developed enough to become diverse and rich with perspectives, yet the common ground between those perspectives – a permanent core essence – has not yet been defined. The use of identity theory, specifically intergroup identity theory, may be the most effective method to understand the field’s foundations. In this article, six possible group identity claims – or grand narratives – are offered. Together, they may form a foundational code for the field, which may be examined and proved in context. Defining the profession of conflict resolution also requires engagement and dialogue with other related professions. In addition to mapping the six grand narratives, this article will suggest how these narratives can at times generate differences with other academic disciplines that deal with conflicts.


Michal Alberstein
Bar-Ilan University, Program in Conflict Management, Resolution and Negotiation.
Article

Pracademics

Making Negotiation Theory Implemented, Interdisciplinary, and International

Journal International Journal of Conflict Engagement and Resolution, Issue 2 2013
Authors Andrea Kupfer Schneider
AbstractAuthor's information

    Negotiation can be thought of as the tool that facilitates conflict engagement and resolution. As part of, and yet different from, conflict theory, negotiation theory has had a separate parallel development in the last 30 years. The challenges for negotiation theory in the future are similar to those found in the broader conflict theory – ensuring that negotiation theory can be implemented by practitioners; making sure that negotiation theory draws upon a multitude of disciplines; and includes theories, experiences and culture from around the world. The development of negotiation theories in law schools – where communication to resolve disputes is part of the job description – highlights the importance of pracademics and demonstrates how we need effective theories to engage in conflict.


Andrea Kupfer Schneider
Andrea Kupfer Schneider is Professor of Law and Director of the Dispute Resolution Program, Marquette University Law School. Many thanks to the faculty and students at the Conflict Management, Resolution, and Negotiation Program at Bar Ilan University where I first presented this material for their comments and helpful suggestions and to Larry Susskind for the use of the great word “Pracademic” to describe the linkage between theory and practice.
Article

Reflections on the Field of Conflict Resolution

Journal International Journal of Conflict Engagement and Resolution, Issue 2 2013
Keywords peacebuilding field, culture and conflict resolution, power and conflict resolution, future trends in peacebuilding, critique of peacebuilding
Authors Mohammed Abu-Nimer
AbstractAuthor's information

    Compared with other disciplines in the social sciences, conflict resolution is a relatively new, emerging professional and academic field. Many developments have shaped the current reality and boundaries of the field. This article is an attempt to provide a set of reflections on the major issues, challenges and possible future directions facing the field of conflict resolution. By narrating my own personal and professional journey, I hope to capture certain aspects and perspectives of this field. This is not a comprehensive review or ‘scientific’ charting of the field, nevertheless it attempts to shed light on areas and concepts that are otherwise taken for granted or neglected when the mapping of the field is done through more extensive empirical research. This mapping of conflict resolution after 30 years of practice, teaching and research first involves reflections on the conceptual or so-called theoretical groundings of the field. Second, it examines the various professional practices that have branched out through the last few decades. Third, it identifies some of the current limitations and challenges facing conflict resolution practitioners and scholars in their struggle to position the field in relation to current global realities. The final section discusses possible future directions to address existing gaps and refocus the research agenda of the field.


Mohammed Abu-Nimer
American University, International Peace and Conflict Resolution. E-mail: abunimer@american.edu. Special thanks to Timothy Seidel who reviewed, edited, and made critical comments on this manuscript. Also I am grateful to colleagues in the peace and conflict resolution programs who shared their insights and reflections in the process of writing this essay.
Article

Access_open Business Enterprises and the Environment

Corporate Environmental Responsibility

Journal The Dovenschmidt Quarterly, Issue 4 2013
Keywords Corporate Environmental Responsibility, Environmental Due Diligence, Environmental CSR, Business enterprises and the environment, Environmental complement to Ruggie Framework
Authors Katinka D. Jesse and Erik V. Koppe
AbstractAuthor's information

    In 2011, following his 2005 initial mandate of the UN Commission on Human Rights and his extended 2008 mandate of the UN Human Rights Council, the Special Representative of the Secretary-General (SRSG) on the issues of human rights and transnational corporations and other business enterprises, Professor John Ruggie, issued the final text of the ‘Guiding Principles for the Implementation of the United Nations “Protect, Respect and Remedy Framework”‘. The 2008 Framework on Business and Human Rights and the complementing 2011 Guiding Principles consist of three pillars: the duty of states to protect human rights, the responsibility of business enterprises to respect human rights, and access to remedies for victims of human rights abuses. They currently qualify as the dominant paradigm in the corporate social responsibility (CSR) discourse, also because they now form part of various soft law and self-regulation initiatives. The Framework and Guiding Principles do not, however, specifically focus on environmental issues, but their systematic approach and structure do provide a model to address state duties and business responsibilities to care of the environment. This article is intended to complement the UN Framework and Guiding Principles on business and human rights with principles in the field of business and the environment. Hence, it is submitted that states have a customary duty to care for the environment; it is similarly submitted that business enterprises have a responsibility to care for the environment; and it is submitted that stakeholders must have access to remedies in relation to breaches of these duties and responsibilities.


Katinka D. Jesse
Dr. Katinka D. Jesse is post-doctoral research fellow at North-West University, South Africa.

Erik V. Koppe
Dr. Erik V. Koppe is assistant professor of public international law at Leiden Law School, The Netherlands. This article is partly based on research conducted by Jesse and Koppe as HUGO Fellows at the Netherlands Institute for Advanced Studies in Wassenaar in the fall of 2011.
Article

Access_open Better Access to Remedy in Company-Community Conflicts in the Field of CSR

A Model for Company-Based Grievance Mechanisms

Journal The Dovenschmidt Quarterly, Issue 4 2013
Keywords CSR, human rights, grievance mechanism, interest-based approach, rights-based approach
Authors Cristina Cedillo
AbstractAuthor's information

    The Special Representative to the UN Secretary-General on human rights and transnational corporations and other business enterprises, John Ruggie, establishes access to remedy as one of the three pillars of the UN ‘Protect, Respect, Remedy’ Framework. In this Framework, Ruggie prescribes that company-based grievance mechanisms can be one effective means of enabling remediation to those potentially being impacted by business enterprises’ activities. This report proposes a model for company-based grievance mechanisms that follow a combination of interest-based and rights-compatible approaches to conflict resolution of all corporate social responsibility issues in company–stakeholder relationships.


Cristina Cedillo
Cristina Cedillo (MA, LLM) participated in the master’s programme in International Business Law and Globalization at the Utrecht University School of Law, Economics and Governance, Utrecht (The Netherlands). The author is very grateful to Serge Bronkhorst and Tineke Lambooy for their guidance and helpful comments on earlier drafts.
Article

The Pursuit of Clarity, Precision and Unambiguity in Drafting Retrospective Legislation

Journal European Journal of Law Reform, Issue 3 2013
Keywords retrospectivity, clarity, precision, unambiguity, legislative drafting
Authors Elias Turatsinze
AbstractAuthor's information

    The hypothesis of this paper is that clarity, precision and unambiguity are the essential tools for expressing retrospective intent, which is a pre-requisite for quality and validity of retrospective legislation. The main objective of this work is to show that retrospective laws are valid, if the retrospective intent is expressed in clear, precise and unambiguous words within the statute. The term retrospectivity is used broadly to describe any legislation or decision affecting pre-enacting conduct. It encompasses statutes affecting the pre-enactment events, administrative regulations or decisions which look back in time and judicial decisions that overturn prior decisions. All these areas cannot be covered in this limited piece of work. Thus, the emphasis in this work will be put on retrospectivity of statutes at the drafting stage. Although it may be referred to generally, retrospective delegated legislation is outside the scope of this work. Particular attention will be directed towards the importance of clarity, precision and unambiguity in attaining quality and validity of retrospective legislation.


Elias Turatsinze
Elias Turatsinze graduated in Legislative Drafting (LLM) from the University of London- Institute of Advanced Legal Studies in 2012.
Article

Statutory Interpretation in Multilingual Jurisdictions

Journal European Journal of Law Reform, Issue 3 2013
Keywords drafting, multilingual, translation, interpretation, authenticity
Authors Odethie Birunga
AbstractAuthor's information

    Considering that every piece of legislation is subject to legal interpretation, its practicability depends highly on successful interpretation. In any legislation drafted in more than one language, divergence in meanings of versions is not only possible, but inevitable. It is not a simple task to draft in a way so that contexts are translated and included in all different language versions so that it becomes one meaningful legislation. While relying on one version only in the course of interpreting a piece of legislation may sound a lot easier, there could be ambiguous passages which may be clarified by consulting other versions. The existence of discrepancies between the versions of legislation is neither a smooth sail in multilingual environment.


Odethie Birunga
Odethie Birungi Kamugundu is a Principal State attorney in the ministry of Justice Rwanda since 2010 in the Legislative drafting department which drafts, coordinates and oversees the drafting of laws in Rwanda. Prior to that, she worked in the National Public Prosecution as a prosecutor from 2002 to 2010. She graduated in Law (LLB) from the National University of Rwanda in 1999, and in Legislative Drafting (LLM) from the University of London- Institute of Advanced Legal Studies in 2012.
Article

Treaties X Human Rights Treaties

A Critical Analysis of the Dual Stance on Treaties in the Brazilian Legal System

Journal European Journal of Law Reform, Issue 2 2013
Keywords human rights, international treaties, hierarchy of the treaties
Authors Gustavo Ferreira Santos
AbstractAuthor's information

    The Constitution of the Federative Republic of Brazil provides two procedures for incorporating treaties into domestic law. Human rights treaties must be approved by a special quorum: it is necessary that of three-fifths of the members of each legislative house vote in favour, with two rounds in each chamber. This proceeding is similar to a constitutional amendment. Treaties on other subjects need only the approval of the majority. This system has been in place since 2004. The Brazilian Supreme Court decided that human rights treaties incorporated after 2004 have the same hierarchical level of constitutional provisions but human rights treaties enacted before that have the same hierarchical position of ordinary statutory laws. This system needs to be reformed in order to allow an easier integration with international law. All human rights treaties should have the same position as constitutional provisions.


Gustavo Ferreira Santos
Professor of Constitutional Law at the Federal University of Pernambuco and the Catholic University of Pernambuco. Holder of a scholarship awarded by CNPq (Brazilian National Council for Scientific and Technological Development for Research Productivity).
Article

The Controversy Surrounding Article 9 of the Law That Defines How Brazilian Laws Are Applied

The Difficult Path to Reform of Private International Law Legislation in Brazil

Journal European Journal of Law Reform, Issue 2 2013
Keywords willingness, connecting element, controversy, Brazil
Authors Paul Hugo Weberbauer
AbstractAuthor's information

    This study aims to demonstrate that the legislative reform of Private International Law is one of the most complex subjects to be understood in terms of the Law in Brazil. With this objective, the point of reference of this study will be the controversy, which involves willingness as a connecting element, and is also known as the controversy around Article 9 of LINDB. By analyzing willingness as a connecting element within Brazilian legislation, a general panorama of the aforementioned Law is developed, as well as the debate of a doctrine nature about willingness as a connecting element and its insertion in the legal system in effect in Brazil. Finally, the difficulties encountered considering Brazil’s position towards international treaties and conventions, as well as the many attempts to reform Private International Law legislation will be analyzed.


Paul Hugo Weberbauer
Ph.D. in Law and Associate Professor of Recife Law School, Legal Sciences Centre at the Federal University of Pernambuco. Research Group: Regional integration, globalisation and International Law. E-mail: phwberbauer@hotmail.com.
Article

Conflict Resolution as a Profession and the Need for Communities of Inquiry

Journal International Journal of Conflict Engagement and Resolution, Issue 1 2013
Keywords Reflective practice, conflict resolution, professional education, community of inquiry, expertise
Authors Tamra Pearson d’Estrée
AbstractAuthor's information

    Conflict resolution has obtained the markings of a profession, including published journals, professional associations and academic programs. However, professional status also carries with it expectations and obligations upon which conflict resolution as a community should deliberate. Acknowledging conflict resolution as a profession highlights associated responsibilities around knowledge accumulation and ethical practice. Complexities of modern practice call for reuniting theory, research and practice, and updating our professional educational paradigm. Competent modern conflict resolution professionals must be able to innovate and adapt to novel and complex contexts, and must develop communities of inquiry for learning that is public, shared and cumulative. Because of the time constraints facing many professionals, and the lack of structure for reflection, a combination of direct community conversation and periodic journal review would likely be the most realistic for nurturing the needed reflection, continual learning and paradigm critique that results in system learning by the community of conflict resolution professionals.


Tamra Pearson d’Estrée
Henry R. Luce Professor of Conflict Resolution in the Josef Korbel School of International Studies and Co-Director, Conflict Resolution Institute, University of Denver.
Article

Does Our Field Have a Centre?

Thoughts from the Academy

Journal International Journal of Conflict Engagement and Resolution, Issue 1 2013
Keywords Conflict and Peace studies, peacebuilding, pedagogy, George Mason University, S-CAR
Authors Kevin Avruch
AbstractAuthor's information

    This article is a personal reflection on the development of the field of conflict resolution/peace and conflict studies from the perspective of the classroom: how what is thought necessary to teach has changed as the field has grown and reacted to often turbulent political change


Kevin Avruch
Henry Hart Rice Professor of Conflict Resolution & Professor of Anthropology, School for Conflict Analysis and Resolution. I thank my colleagues Arthur Romano, Richard Rubenstein, and Dennis Sandole for their careful and critical reading of earlier drafts of this essay, and Oliver Ramsbotham for his critical reading of a later one. Their various suggestions greatly improved the work.
Article

The Historical Contingencies of Conflict Resolution

Journal International Journal of Conflict Engagement and Resolution, Issue 1 2013
Keywords History of ADR, consensus building, multi-party dispute resolution, theory development, conflict handling
Authors Carrie Menkel-Meadow
AbstractAuthor's information

    This article reviews the historical contingency of theory and practice in conflict engagement. World War II and the Cold War produced adversarial, distributive, competitive, and scarce resources conceptions of negotiation and conflict resolution, as evidenced by game theory and negotiation practice. More recent and more optimistic theory and practice has focused on party needs and interests and hopes for more party-tailored, contingent, flexible, participatory and more integrative and creative solutions for more than two disputants to a conflict. The current challenges of our present history are explored: continued conflict in both domestic and international settings, the challenge of “scaling up” conflict resolution theory and the problematics of developing universal theory in highly contextualized and diverse sets of conflict sites. The limits of “rationality” in conflict resolution is explored where feelings and ethical, religious and other values may be just as important in conflict engagement and handling.


Carrie Menkel-Meadow
Chancellor’s Professor of Law, University of California Irvine Law School and A.B. Chettle Jr. Professor of Dispute Resolution and Civil Procedure, Georgetown University Law Center.
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