This article captures current trends in online dispute resolution (ODR) and its potential use in Ireland by analysing Irish practitioners’ current attitudes to and awareness of ODR. Ultimately, this work provides the groundwork for future research into Ireland’s use of ODR. This exploratory research will hopefully guide researchers in understanding ODR’s users and consumption. |
Search result: 101 articles
Year 2015 xArticle |
Sceptics of the Screen: Irish Perceptions of Online Dispute Resolution |
Journal | International Journal of Online Dispute Resolution, Issue 2 2015 |
Keywords | ODR, Ireland, mediators, ADR, Internet |
Authors | Simon J. Boehme |
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Article |
E-Commerce, ICTs and Online Dispute Resolution: Is This the Beginning of a New Professional Profile? |
Journal | International Journal of Online Dispute Resolution, Issue 2 2015 |
Keywords | Mobile phones, ADR, ODR, mediation, conflict resolution |
Authors | Aura Esther Vilalta and Rosa Pérez Martell |
AbstractAuthor's information |
There is a close link between the growth of Internet usage, the development of mobile technology, the expansion of markets and the increasing number of online dispute resolution mechanisms (ODRs). This article seeks to start a conversation about the need to provide justice by means of effective mechanisms, in particular for e-commerce disputes and transnational litigation. It also provides some information on the recent international initiatives towards the regulation of this new arena, and concludes with an early approach to the future challenges and the impact on training, qualifications and expertise of ODR professionals and service providers. |
Article |
Conference Review: Reflections on ODR 2015 in New York |
Journal | International Journal of Online Dispute Resolution, Issue 2 2015 |
Authors | Vikki Rogers |
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Article |
‘Join the Conversation’: Why Twitter Should Market Itself as a Technology Mediated Dispute Resolution Tool |
Journal | International Journal of Online Dispute Resolution, Issue 2 2015 |
Keywords | Twitter, technology mediated dispute resolution (TMDR), conflict avoidance and prevention, online reputation system, convenience, trust and expertise triangle |
Authors | Benjamin Lowndes |
AbstractAuthor's information |
For almost a decade, the social medium of Twitter has provided a platform for individuals to instantly connect with others, businesses to build their brands and movements to attract new followers. Yet, although Twitter, Inc. has promoted its product as a customer service application, it has not actively marketed itself as a technology mediated dispute resolution tool (TMDR). This article explores ways in which organizations have utilized Twitter’s power as a conflict avoidance mechanism and as a reputation system, leveraging its ability to provide convenience, trust, and expertise to their followers. It then argues for Twitter, Inc. to actively ‘join the conversation’ of TMDR or risk being left out altogether. |
Article |
Structure of Legislation: A Paradigm for Accessibility and Effectiveness |
Journal | European Journal of Law Reform, Issue 3 2015 |
Keywords | effectiveness of legislation, structure of legislation, accessibility of legislation, quality drafting, clarity |
Authors | Elohor Onoge |
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The aim of this article is to examine how the structure of legislation can nurture accessibility and effectiveness of legislation. |
Article |
Delegated Legislation in Nigeria: The Challenges of Control |
Journal | European Journal of Law Reform, Issue 3 2015 |
Keywords | delegated legislation, parliament, control, quality, parliamentary scrutiny |
Authors | Jemina Benson LL.M |
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In considering how society generally is regulated, most times focus is always on Acts of parliament that are passed by the legislative arm of government. However, delegated legislation is another aspect of law making that is of immense importance for the regulation of any given society. This form of lawmaking being a deviation from the norm has some challenges in terms of control. This article seeks to examine some of these challenges emphasising that adequate parliamentary scrutiny will prevent the harbouring of bad-quality legislation. |
Statutory interpretation is quickly becoming the primary function of our courts. Ambiguity, unexpected scenarios, and drafting errors in legislation compound this challenging task, obliging many judges to turn to debate transcripts and other legislative materials in search of our elected representatives’ intent. |
Article |
Hybrid Peacebuilding in Northern Ireland and the Border CountiesThe Impact of the International Fund for Ireland and the European Union’s Peace III Fund |
Journal | International Journal of Conflict Engagement and Resolution, Issue 2 2015 |
Keywords | Northern Ireland, economic aid, elicitive approach, liberal peace, grass-roots everyday peacemakers |
Authors | Julie Hyde and Sean Byrne |
AbstractAuthor's information |
This article draws upon a wide qualitative study of the experiences and perceptions held by 107 community group leaders and 13 funding agency development officers within the liminal context of Northern Ireland and the Border Counties. These organizations received funding from the European Union’s Peace III Program and/or the International Fund for Ireland. Semi-structured interviews were conducted with key figures in these groups and agencies during the summer of 2010. This data is explored in relation to the concept of hybrid peacebuilding so as to better identify and articulate the potentialities and challenges associated with grass-roots macro-level interactions. The empirical findings indicate the necessity of flexibility in empowering local decision makers in a hybridized peacebuilding process. Local people should be involved with the funders and the governments in constructing and in implementing these processes. The theoretical findings are consistent with previous research that favors elicitive and local rather than top-down bureaucratic and technocratic processes. More attention needs to be paid to how local people see conflict and how they build peace. The prescriptive/practical implications are that policymakers must include the grass roots in devising and implementing peacebuilding; the grass roots need to ensure their local practices and knowledge are included; and external funders must include local people’s needs and visions in more heterogeneous hybrid peacebuilding approaches. The article is original, providing grass-roots evidence of the need to develop the hybrid peacebuilding model. |
Article |
Financial Crime Prevention and ControlThe Reforms of a ‘Unique’ Jurisdiction under EU Law and International Standards |
Journal | European Journal of Law Reform, Issue 4 2015 |
Keywords | Vatican financial system, money laundering, terrorist financing, 3rd AMLD, FATF Recommendations |
Authors | Francesco De Pascalis |
AbstractAuthor's information |
Between 2011 and 2014, the Vatican City State (VCS) experienced a reform process which dramatically changed its financial system. The process is still ongoing, and its goal is to establish an anti-money laundering and counter-terrorism financing (AML/CTF) system. Importantly, this system will be based on the AML/CTF EU legislation and international standards. These facts are noteworthy. First, the reforms cast light on the main Vatican financial institutions against the background of the secrecy that has always characterized their functioning and business operations. Accordingly, there is now more transparency and information about the Vatican financial system. Second, the relevant EU law and international standards are tools through which the VCS can, for the first time, join an international network of countries, sharing and applying the same rules against money laundering (ML) and terrorist financing (TF). This is of extraordinary importance for a jurisdiction like the VCS, which has never referred to European or international principles in its rule-making. In particular, the openness to EU law and international standards stimulates investigating the reasons behind these changes and the impact that these sources of law are having on a jurisdiction regarded as ‘unique’ in the world. |
Article |
Corruption and Controls |
Journal | European Journal of Law Reform, Issue 4 2015 |
Keywords | corruption, controls, inspections, administration, regulation |
Authors | Maria De Benedetto |
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Anti-corruption is a relatively recent policy which calls for controls. They represent the most effective means in rebalancing institutions which are not fully informed: ‘secrecy’, in fact, characterizes infringements and corrupt behaviour. |
Article |
Commonalities in the English Tort and French Criminal Wrong of Defamation |
Journal | European Journal of Law Reform, Issue 4 2015 |
Keywords | defamation, tort, crime, comparative, path dependence |
Authors | Mathilde Groppo |
AbstractAuthor's information |
This article considers the extent to which the nature of the regulation – tortious or criminal – influences the substantive content of the rules in England and France. It argues that the English and French regulatory features are the result of path dependence. Consequently, while they have led to substantive differences, they do not prevent the emergence of a shared approach to the wrong. |
Article |
The Kenyan Cases and the Future of the International Criminal Court’s Prosecutorial Policies |
Journal | African Journal of International Criminal Justice, Issue 2 2015 |
Keywords | International Criminal Court, proprio motu, prosecutorial discretion |
Authors | Simeon P. Sungi |
AbstractAuthor's information |
The Kenyan Situation pending before the International Criminal Court (ICC) is the first situation in which the prosecutor exercised his power to initiate cases “proprio motu” under Article 15 of the Rome Statute. In the wake of the comments from the former Chief Prosecutor of the International Criminal Court (ICC), Luis Moreno-Ocampo, that there was political interference from foreign diplomats during the investigation stage of the cases, it is prudent to re-examine the standards provided under the Rome Statute regarding prosecutorial discretion and evaluate the prosecutorial power and how the Kenyan cases may shape this discretionary power in order to align it with the Preamble of the Rome Statute. The Preamble affirms that the most serious crimes of concern to the international community must not go unpunished. Further, that their effective prosecution must be ensured for the purposes of ending impunity for the perpetrators of international crimes and thus to contribute to the prevention of genocide, crimes against humanity, war crimes, and crimes of aggression. |
Article |
Accountability for Forced Displacement in Democratic Republic of Congo and Uganda before the International Criminal Court |
Journal | African Journal of International Criminal Justice, Issue 2 2015 |
Keywords | Forced displacement, International Criminal Court, Uganda, Democratic Republic of Congo, reparations |
Authors | Luke Moffett |
AbstractAuthor's information |
This article examines the challenges of investigating and prosecuting forced displacement in the Central African countries of Democratic Republic of Congo and Uganda, where higher loss of life was caused by forced displacement, than by any other. In the Democratic Republic of Congo, armed groups intentionally attacked civilian populations displacing them from their homes, to cut them off from food and medical supplies. In Northern Uganda, the government engaged in a forced displacement policy as part of its counter-insurgency against the Lord’s Resistance Army, driving the civilian population into “protected villages”, where at one point the weekly death toll was over 1,000 in these camps. This article critically evaluates how criminal responsibility can be established for forced displacement and alternative approaches to accountability through reparations. |
Article |
Addressing Impunity for Serious Crimes: The Imperative for Domesticating the Rome Statute of the ICC in Nigeria |
Journal | African Journal of International Criminal Justice, Issue 2 2015 |
Keywords | Accountability, conflict, crimes, justice system |
Authors | Stanley Ibe |
AbstractAuthor's information |
Over the last decade, Nigeria has witnessed several high-intensity conflicts. It became a country under preliminary investigation by the International Criminal Court (ICC) following allegations of serious crimes. In 2013, the boko haram insurgency was classified as a “non-international armed conflict.” Commentators appear divided over the capacity and willingness of domestic institutions to manage crimes arising from or connected with conflicts in Nigeria. Those who argue for unwillingness often point to the struggle to domesticate the Rome Statute of the International Criminal Court (Rome Statute) as one of the clearest indication that there is not sufficient interest. This article interrogates the question of seeming impunity for serious crimes in Nigeria and makes a case for domesticating the Rome Statute through an amendment to the Crimes against Humanity, War Crimes, Genocide and Related Offences Bill, 2012 pending before the National Assembly. |
Article |
The Court Is the Political Arena: Performance and Political Narratives at the International Criminal Court |
Journal | African Journal of International Criminal Justice, Issue 2 2015 |
Keywords | Côte d’Ivoire, Laurent Gbagbo, trial, performance, narratives |
Authors | Oumar Ba |
AbstractAuthor's information |
This article explores the politics of international criminal justice and argues that the International Criminal Court is a lieu of staged performance where actors deploy their political narratives. Using the Situation in the Republic of Côte d’Ivoire before the ICC and focusing on the pre-trial phase, I contend that the defendants Laurent Gbagbo and Charles Blé Goudé project a performance and deploy political narratives that are the extension of the politics of the Ivorian crisis, which make the Court the quintessential arena where domestic and international politics cohabit with law and rules of procedure. |
Article |
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Journal | Erasmus Law Review, Issue 4 2015 |
Keywords | Israel, austerity, civil procedure, simplified procedures, small claims |
Authors | Ehud Brosh |
AbstractAuthor's information |
Israel was spared the worst of the world financial crisis of 2008-2009. However, austerity concerns are by no means invisible in the developments in the field of civil procedure. These concerns correlate heavily with the long-standing Israeli preoccupation with ‘speeding up’ justice. An array of simplified procedural tracks, aimed at addressing the perceived inadequacy of ‘standard’ procedure, have been developed in Israel over the years. The importance of simplified procedures in the Israeli system cannot be overestimated. Their development illustrates the dialectical tension between the values of ‘efficiency’ and ‘quality’ in the administration of justice. During periods of austerity, the scales are easily (or easier) tipped in favour of efficiency and general or particular simplification of procedure. In times of prosperity, on the other hand, concerns over ‘quality’, access to justice, and truth discovery predominate, and attempts at promoting efficiency and/or simplification at their expense tend to be bogged down. Such attempts also tend to lose their extrinsic legitimacy and are widely viewed as ‘cutting corners’. This is evident in the recent Israeli experience with civil procedure reform. |
Article |
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Journal | Erasmus Law Review, Issue 4 2015 |
Keywords | Austerity, court fees and legal aid, adversarial and inquisitorial process, McKenzie Friends, simplified process |
Authors | John Sorabji |
AbstractAuthor's information |
This article considers the effect of austerity-induced public spending cuts on the English civil justice system. In doing so it initially examines two fundamental changes engendered by the effect austerity has had on civil court fees and legal aid: first, a challenge to the traditional commitment in English procedure to adversarial process, and a concomitant increase in inquisitorial or investigative processes; and secondly, the growth in use of unqualified individuals to act as advocates in court for individual litigants who are unable to afford legal representation. It then turns to consider what, if any, effect austerity has had on simplified processes available in English civil procedure. |
Article |
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Journal | Erasmus Law Review, Issue 4 2015 |
Keywords | Canada, small and simple matters, austerity, civil justice, access to justice |
Authors | Jonathan Silver and Trevor C.W. Farrow |
AbstractAuthor's information |
Canada is in the midst of an access to justice crisis. The rising costs and complexity of legal services in Canada have surpassed the need for these services. This article briefly explores some obstacles to civil justice as well as some of the court-based programmes and initiatives in place across Canada to address this growing access to justice gap. In particular, this article explains the Canadian civil justice system and canvasses the procedures and programmes in place to make the justice system more efficient and improve access to justice in small and simple matters. Although this article does look briefly at the impact of the global financial crisis on access to justice efforts in Canada, we do not provide empirical data of our own on this point. Further, we conclude that there is not enough existing data to draw correlations between austerity measures in response to the global crisis and the challenges facing Canadian civil justice. More evidence-based research would be helpful to understand current access to justice challenges and to make decisions on how best to move forward with meaningful innovation and policy reform. However, there is reason for optimism in Canada: innovative ideas and a national action plan provide reason to believe that the country can simplify, expedite, and increase access to civil justice in meaningful ways over the coming years. |
Article |
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Journal | Erasmus Law Review, Issue 4 2015 |
Keywords | Belgium, small matters, simple matters, recovery of unchallenged claims, summary order for payment |
Authors | Stefaan Voet |
AbstractAuthor's information |
This article is based on a national report that was written for the XVth World Congress of the International Association of Procedural Law that was held in Istanbul in May 2015 and that focused on Effective Judicial Relief and Remedies in an Age of Austerity. It first of all sketches the general judicial context in Belgium and some of its relevant features: the judicial organisation, the goals of the civil justice system, the course of an ordinary civil lawsuit, the role of the court, and the litigation costs. Next, a detailed and critical overview of the current and future procedures that offer relief in small and simple matters is given. The current summary order for payment procedure, which was introduced in 1967, did not meet its goals. The article concludes that a new trend is emerging in Belgium, namely keeping small and unchallenged claims outside the judiciary and providing for cheaper and more efficient alternatives. |
Article |
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Journal | Erasmus Law Review, Issue 4 2015 |
Keywords | judiciary, judge-made justice, court fees, legal aid, ADR-methods |
Authors | Laura Carballo Piñeiro and Jordi Nieva Fenoll |
AbstractAuthor's information |
The Spanish justice system has been shaken by the economic downturn as many other institutions have. This article addresses in the first place some statistical data that shed light as regards to the number of judges and the costs and length of the procedure in Spain. These figures help to understand, in the second place, the impact of austerity measures on the judiciary, namely, the freeze on the hiring of judges and the establishing of high court fees. While they mainly concern the supply side of justice services, others such cost reductions in legal aid have had, in the third place, an impact on the demand side, driving many citizens to social exclusion and to resorting to self-defence mechanisms. The final part of this article addresses some remedies that may alleviate judiciary’s workload, but that fall short of doing it. All in all, the Spanish justice system seems to require a holistic approach to patch up edges, but one in which the role of judge-made justice in a democratic society has to be central again. |