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. |
Search result: 82 articles
Year 2013 xArticle |
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 |
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Article |
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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 |
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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. |
Article |
Donors without BordersA Comparative Study of Tax Law Frameworks for Individual Cross-Border Philanthropy |
Journal | European Journal of Law Reform, Issue 4 2013 |
Keywords | comparative, philanthropy, tax, deduction, international |
Authors | Joseph E. Miller, Jr. |
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Under current United States tax law, individual gifts to foreign charities generally are not deductible from federal income tax as charitable contributions. A comparative study of analogous tax laws in Switzerland and the United Kingdom demonstrates that the Swiss approach generally reflects the same prohibition against tax deductions for individual gifts to foreign charities, while British law permits such deductibility for gifts to qualified charities in other EU member states, Norway, and Iceland. |
Article |
Drafting of Legislation in Compliance with Model Laws |
Journal | European Journal of Law Reform, Issue 4 2013 |
Keywords | challenges, domestic legislation, model laws |
Authors | Lesedi Poloko |
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Lawmaking is an essential attribute of a state. Laws differ from one country to another, and compliance with different legal rules may create problems. Uniformity of laws is an end in itself, and its value lies in its practical benefits. Interest in the quality of legislative instruments is a major concern, especially as regards the effectiveness of the national legislation. |
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Drafting Conventions, Templates and Legislative Precedents, and their Effects on the Drafting Process and the Drafter |
Journal | European Journal of Law Reform, Issue 4 2013 |
Keywords | drafting conventions, templates, legislative precedents, drafter’s skill, necessary tools for effective communication of language of legislation |
Authors | Agnes Quartey Papafio |
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The aim of this article is to explore whether drafting conventions, templates and legislative precedents contradict or complement the drafter’s style and if they complement the drafter’s style, the various ways in which the use of these tools achieves it. |
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Journal | Erasmus Law Review, Issue 3/4 2013 |
Keywords | legal pluralism, native title, reconciliation, indigenous people of Australia, Aboriginal art |
Authors | Dr. Agnes T.M. Dr. Schreiner |
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The article How Law Manifests Itself in Australian Aboriginal Art will discuss two events at the Aboriginal Art Museum Utrecht from the perspective of a meeting between two artistic and legal cultures. The first event, on the art and law of the Spinifex people, will prove to be of a private law nature, whilst the second event, on the art and law of the Wik People, will show characteristics of international public law. This legal anthropological contribution may frustrate a pluralistic perspective with regard to the coexistence of Western law and Aboriginal law on the one hand and of Utrecht's Modern Art Museum and the presented Aboriginal Art on the other. It will show instead the self-evidence of art and law presented and their intertwined connection for the Aboriginal or indigenous peoples of Australia. |
Article |
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Journal | Erasmus Law Review, Issue 3/4 2013 |
Keywords | clan, rule of law, Albert Venn Dicey, Walter Scott, legal memory |
Authors | Dr. Mark S. Weiner |
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In this essay, I provide a historical and theoretical framework for understanding the imaginative relation between the liberal rule of law and the kin-based form of socio-legal organization I call ‘the rule of the clan’ – a classic example of law created ‘from below’. Specifically, I believe that a culturalist disciplinary perspective reveals that the modern liberal state and its more centralized rule of law always stand in an ironic, dialectical relation to the rule of the clan as a legal form. Liberal society, that is, nurtures itself through an anti-liberal utopian imaginary. This article provides an intellectual history backdrop for theorizing that dialectical relationship by examining two contrasting ways in which nineteenth-century British intellectuals imagined the rule of law. Following the work of Charles Taylor and, more specifically in the legal field, Paul Kahn, my goal is to depict a social imaginary of modern liberalism that has been neglected within contemporary liberal theory – and, in doing so, provide a way to appreciate the cultural foundations of liberal legality. The article considers the stories that nineteenth-century British intellectuals told about the relation between the rule of law and the rule of the clan as a way to think about the rule of law today. It thus tacks between three different shores: the world of legal pluralism (the rule of the clan), the world of nineteenth-century British analysis of the rule of the clan and the contemporary relation between culture and modern liberal society. |
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Journal | Erasmus Law Review, Issue 3/4 2013 |
Keywords | Syria, personal status law, Eastern Catholic law, patriarchal family, marital obligations |
Authors | Esther Van Eijk Ph.D. |
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Family relations in Syria are governed by a plurality of personal status laws and courts. This plurality manifests itself on a variety of levels, including statutory, communal and individual. In this article, the author argues that, albeit this plurality, Syrian personal status law is also characterised by the prevalence of shared, gendered norms and views on marital life. Based on fieldwork conducted in a Catholic and a shar’iyya personal status courts in Damascus in 2009, the author examines the shared cultural understandings on marital relationships that were found in these courts, and as laid down – most importantly – in the respective Catholic and Muslim family laws. The article maintains that the patriarchal family model is preserved and reinforced by the various personal status laws and by the various actors which operated in the field of personal status law. Finally, two Catholic case studies are presented and analysed to demonstrate the importance and attachment to patriarchal gender norms in the Catholic first instance court of Damascus. |
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Journal | Erasmus Law Review, Issue 3/4 2013 |
Keywords | national judges, legal pluralism, application of EU law, legal consciousness, supremacy and direct effect of EU law |
Authors | Urszula Jaremba Ph.D. |
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The notion and theory of legal pluralism have been witnessing an increasing interest on part of scholars. The theory that originates from the legal anthropological studies and is one of the major topical streams in the realm of socio-legal studies slowly but steady started to become a point of departure for other disciplines. Unavoidably it has also gained attention from the scholars in the realm of the law of the European Union. It is the aim of the present article to illustrate the legal reality in which the law of the Union and the national laws coexist and intertwine with each other and, subsequently, to provide some insight on the manner national judges personally construct their own understanding of this complex legal architecture and the problems they come across in that respect. In that sense, the present article not only illustrates the new, pluralistic legal environment that came into being with the founding of the Communities, later the European Union, but also adds another dimension to this by presenting selected, empirical data on how national judges in several Member States of the EU individually perceive, adapt to, experience and make sense of this reality of overlapping and intertwining legal orders. Thus, the principal aim of this article is to illustrate how the pluralistic legal system works in the mind of a national judge and to capture the more day-to-day legal reality by showing how the law works on the ground through the lived experiences of national judges. |
Editorial |
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Journal | Erasmus Law Review, Issue 3/4 2013 |
Authors | Wibo van Rossum and Sanne Taekema |
Article |
Social Europe after Lisbon: Putting the ‘Social’ into the ‘Market Economy’ |
Journal | Hungarian Yearbook of International Law and European Law, Issue 1 2013 |
Authors | Catherine Barnard |
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Article |
Regulating Local Border Traffic in the European UnionSalient Features of Intersecting Legal Orders (EU Law, International Law, Hungarian Law) in the Shomodi Case (C-254/11) |
Journal | Hungarian Yearbook of International Law and European Law, Issue 1 2013 |
Authors | Tamás Molnár |
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Article |
Old-Age Discrimination: The Age-Blindness of International Human Rights Law |
Journal | Hungarian Yearbook of International Law and European Law, Issue 1 2013 |
Authors | Adrienne Komanovics |
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Article |
Multilevel Protection of Fundamental Rights in the European Union and in Hungary |
Journal | Hungarian Yearbook of International Law and European Law, Issue 1 2013 |
Authors | Elisabeth Sándor-Szalay and Ágoston Mohay |
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Book Review |
A Whole Image or a Few Pieces of Mosaic?A Comment on the Monograph of Miklós Király: Unity and Diversity – The Cultural Effects of the Law of the European Union |
Journal | Hungarian Yearbook of International Law and European Law, Issue 1 2013 |
Authors | Bartha Ildikó |
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Article |
Enforceability of the European Convention on Human Rights by Ordinary Courts in HungaryAn Analysis of a Newly Opened Procedural Path and its Constitutional Framework |
Journal | Hungarian Yearbook of International Law and European Law, Issue 1 2013 |
Authors | Máté Mohácsi |
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Article |
Protection of European Citizens in Third States under Article 23 TFEU |
Journal | Hungarian Yearbook of International Law and European Law, Issue 1 2013 |
Authors | Imola Schiffner |
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Article |
Union Citizenship: Fundamental Status and Fundamental Rights Analysis of the Recent Jurisprudence of the Court Related to Union CitizenshipThe Rottmann, Zambrano, McCarthy and Dereci Cases |
Journal | Hungarian Yearbook of International Law and European Law, Issue 1 2013 |
Authors | Laura Gyeney |
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