Search result: 27 articles

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Article

The Power of the CPR Pledge

Journal Corporate Mediation Journal, Issue 2 2018
Keywords collaboration, dispute resolution, pledge, prevention
Authors Noah J. Hanft
AbstractAuthor's information

    The International Institute for Conflict Prevention & Resolution (CPR) has a long history of helping people consider more thoughtful and collaborative ways of preventing and resolving disputes. One of their vehicles for doing so is a series of pledges.


Noah J. Hanft
Noah J. Hanft is the President and CEO of The International Institute for Conflict Prevention & Resolution.
Part II Private Justice

Using Technology and ADR Methods to Enhance Access to Justice

Journal International Journal of Online Dispute Resolution, Issue 1-2 2018
Keywords ODR, ADR, mediation, online court, e-court, consumer ADR, CADR, CDR, ombudsman
Authors Pablo Cortes
AbstractAuthor's information

    This article discusses how technology and extrajudicial processes can provide a solution to the access-to-justice problem for self-represented litigants. The article first observes the need for efficient dispute resolution processes based on a wider concept of access to justice and argues for greater integration amongst courts and extrajudicial bodies, especially in the consumer sphere where dispute resolution bodies are currently undergoing an institutionalization process as a result of recent EU legislation. Accordingly, it is argued that access to justice for consumers will only be achieved if they have access to either an accountable and effective extrajudicial scheme that offers adjudication or a truly user-friendly and accessible online court that incorporates alternative dispute resolution techniques as the United Kingdom has endeavoured to deliver. To that end, this article examines the policy options for the English Online Court with a particular focus on the challenges faced by litigants in person. Finally, this article submits that dispute system design changes need to be informed by empirical research and a holistic policy strategy on dispute resolution.


Pablo Cortes
Pablo Cortes is Professor of Civil Justice, Leicester Law School, University of Leicester.
Article

Civil Society Perspectives on the Criminal Chamber of the African Court of Justice and Human Rights

Journal African Journal of International Criminal Justice, Issue 1-2 2018
Keywords Malabo Protocol, African Court, Criminal Chamber, International and Transnational Crimes, African Union
Authors Benson Chinedu Olugbuo LLB BL LLM Ph.D.
AbstractAuthor's information

    In June 2014, African Heads of States and Governments adopted the Protocol on the Amendments to the Protocol on the Statute of the African Court of Justice and Human Rights in Malabo, Equatorial Guinea. The Malabo Protocol seeks to expand the jurisdiction of the African Court to international and transnational crimes. This development raises fundamental issues of jurisdiction, capacity, political will and regional complementarity in the fight against impunity in the African continent. The paper interrogates the role of Civil Society Organisations in the adoption and possible operationalisation of the Court in support of the efforts of the African Union to end human rights abuses and commission of international and transnational crimes within the continent.


Benson Chinedu Olugbuo LLB BL LLM Ph.D.
LLB (Nigeria); BL (Abuja); LLM (Pretoria); Ph.D. (Cape Town); Executive Director, CLEEN Foundation, Abuja–Nigeria and Research Associate, Public Law Department, University of Cape Town, South Africa.

Athanasiadou Natassa
Assistant professor, Maastricht University.

Kornilia Pipidi Kalogirou
Assistant professor, Maastricht University, PhD candidate, Deutsche Universität für Verwaltungswissenschaften Speyer.

Tihamér Tóth
Professor of law, Pázmány Péter Catholic University, Budapest; attorney-at-law, Dentons Réczicza Europe. LLP.
Article

Keeping complexity alive: restorative and responsive approaches to culture change

Journal The International Journal of Restorative Justice, Issue 3 2018
Keywords Restorative justice, responsive regulation, relational governance, complexity
Authors Gale Burford
AbstractAuthor's information

    The human services are fraught with history of failure related to grasping oversimplified, across-the-board solutions that are expected to work in all situations for all groups of people. This article reviews some of the long-standing and current challenges for governance of programmes in maintaining cultures that safeguard restorative and responsive standards, principles and values, thereby amplifying and enhancing their centrality to relational engagement within families, groups, communities and organisations. Despite their potential for helping groups of people grapple with the complex dynamics that impact their lives, restorative justice approaches are seen as no less vulnerable to being whittled down to technical routines through practitioner and sponsor colonisation than other practices. This article explores some of the ways culture can work to erode and support the achievement of restorative standards, and why restorative justice and regulation that is responsive to the ongoing experiences of affected persons offers unique paths forward for achieving justice. Included in this exploration are the ways that moral panic and top-down, command-and-control management narrow relational approaches to tackling complex problems and protect interests that reproduce social and economic inequality.


Gale Burford
Gale Burford is Emeritus Professor of Social Work, University of Vermont, Burlington, USA. Contact author: gburford@uvm.edu. Disclosure statement: There are no financial conflicts of interest.

Jake MacIsaac
Jake MacIsaac is Assistant Director, Security Services at Dalhousie University in Halifax Nova Scotia, Canada.

Melissa MacKay
Melissa MacKay is Advisor, Sexualised Violence – Human Rights and Equity Services Work at Dalhousie University in Halifax Nova Scotia, Canada. Contact author: Jacob.MacIsaac@Dal.Ca and Melissa.mackay@dal.ca.
Article

Access_open Making Sense of the Law and Society Movement

Journal Erasmus Law Review, Issue 2 2018
Keywords law and society, sociology of law, sociolegal, empirical legal studies
Authors Daniel Blocq and Maartje van der Woude
AbstractAuthor's information

    This article aims to deepen scholarly understanding of the Law and Society Movement (L&S) and thereby strengthen debates about the relation between Empirical Legal Studies (ELS) and L&S. The article departs from the observation that ELS, understood as an initiative that emerged in American law schools in the early 2000s, has been quite successful in generating more attention to the empirical study of law and legal institutions in law schools, both in- and outside the US. In the early years of its existence, L&S – another important site for the empirical study of law and legal institutions – also had its center of gravity inside the law schools. But over time, it shifted towards the social sciences. This article discusses how that happened, and more in general explains how L&S became ever more diverse in terms of substance, theory and methods.


Daniel Blocq
Daniel Blocq is assistant professor at Leiden Law School.

Maartje van der Woude
Maartje van der Woude is professor at Leiden Law School.
Article

The adventure of the institutionalisation of restorative justice in Belgium

Journal The International Journal of Restorative Justice, Issue 2 2018
Keywords Restorative justice, institutionalisation, penal change, Belgium
Authors Anne Lemonne
AbstractAuthor's information

    At first glance, the adventure of restorative justice (RJ) in Belgium can be considered a real success story. At the turn of the 21st century, programmes oriented towards this justice model officially determined the criminal justice agenda. What were the key ideas that led to the conceptualisation of restorative justice in Belgium? Who were the main actors and agencies that carried them out? What were the main issues that led to the institutionalisation of restorative justice? What are the effects of its implementation on the Belgian criminal justice system in general? This article strives to present the main findings of a study on the basis of an extensive data collection effort and analysis targeting discourses and practices created by actors from the Belgian academic, scientific, political, administrative, social work and judicial spheres from the 1980s to 2015.


Anne Lemonne
Anne Lemonne is a researcher at the Department of Criminology, National Institute for Criminalistics and Criminology (NICC) and a member of the Centre de recherches criminologiques at the Université Libre de Bruxelles (ULB), Brussels, Belgium. Contact author: Anne.Lemonne@just.fgov.be.

Marie Keenan
Marie Keenan is a lecturer and researcher at the School of Social Policy, Social Work and Social Justice, University College Dublin, a forensic and systemic psychologist and a restorative justice practitioner, Dublin, Ireland. Contact author: marie.keenan@ucd.ie.
Article

Restorative justice as empowerment: how to better serve the goals of punitive retribution

Journal The International Journal of Restorative Justice, Issue 2 2018
Keywords Restorative justice, retributive punishment, empowerment of victims, restoring dignity and autonomy in survivors of crime
Authors Theo van Willigenburg
AbstractAuthor's information

    Restorative justice practices are applied only to the margins of criminal justice systems. These systems generally punish the wrongdoer in order to give him his ‘just desert’. For restorative justice to be more attractive, we need to understand why punitive retribution is such a powerful motive. If the scales of justice are out of balance because of suffering inflicted (to the offended), why would the infliction of more suffering (to the offender) bring redemption? It is argued that much of the sting of being harmed by an offender derives from the identity implications of the act. Punitive retribution may satisfy short-lasting vindictive desires, but its main symbolic function is to restore the victim’s self-image and dignity by humiliating the perpetrator. This is done in a notoriously indirect and ineffective way, though. It is argued that restorative justice can do much better, if it is understood in terms of empowering the offended. This involves procedures that restore the victim’s autonomy, prestige and self-confidence. Apart from bringing the offended back into the driver’s seat of the process, restorative justice empowers the survivors of crime by helping them face offenders, face themselves and face their community. Restorative justice is not only much more rewarding than punitive retribution, it also provides better ways of communicating personal and public disapproval of crime.


Theo van Willigenburg
Theo van Willigenburg is resident research fellow at VU University Amsterdam and director of the Kant Academy, Utrecht (The Netherlands). Contact author: vanwilligenburg@kantacademy.nl.
Article

Measuring the restorativeness of restorative justice: the case of the Mosaica Jerusalem Programme

Journal The International Journal of Restorative Justice, Issue 2 2018
Keywords Restorative justice, criminal justice, criminal law taxonomy, victims, offenders
Authors Tali Gal, Hadar Dancig-Rosenberg and Guy Enosh
AbstractAuthor's information

    This study uses a Jerusalem-based restorative justice programme as a case study to characterise community restorative justice (CRJ) conferences. On the basis of the Criminal Law Taxonomy, an analytical instrument that includes seventeen measurable characteristics, it examines the procedural elements of the conferences, their content, goals and the role of participants. The analysis uncovers an unprecedented multiplicity of conference characteristics, including the level of flexibility, the existence of victim-offender dialogue, the involvement of the community and a focus on rehabilitative, future-oriented outcomes. The findings offer new insights regarding the theory and practice of CRJ and the gaps between the two.


Tali Gal
Tali Gal is Associate Professor and Senior Lecturer, School of Criminology, University of Haifa, Haifa, Israel.

Hadar Dancig-Rosenberg
Hadar Dancig-Rosenberg is Visiting Professor, UC Berkeley School of Law (2017-2018) and Associate Professor, Bar-Ilan University Faculty of Law, Ramat-Gan, Israel.

Guy Enosh
Guy Enosh is Associated Professor, Faculty of Welfare and Health Sciences, School of Social Work, University of Haifa, Haifa, Israel. Contact author: tgal1@univ.haifa.ac.il. Note: The first two authors have contributed equally; the third author contributed to the methodology. Acknowledgements: We are grateful to Gali Pilowsky-Menkes and Rotem Spiegler for outstanding data collection assistance. We are also grateful to Caroline Cooper, Netanel Dagan and Adi Libson for insightful comments. We are particularly indebted to the Mosaica workers and volunteers who provided us access to their materials while ensuring the privacy of all parties involved.
Article

Owning the Hosted Payload and International Space Law

Journal International Institute of Space Law, Issue 9 2018
Keywords the hosted payload, the launching State, space law, liability
Authors Akiko Watanabe
AbstractAuthor's information

    This article deals the issues concerning the hosted payload under international space law. To understand the hosted payload projects, the types of the contracts for such projects are discussed, but the harmonization between the risk allocation of the parties concerned and liability issues for damage caused by the hosted payload is mainly studied.
    The hosted payload satellite is said to be the one that the main owner of the satellite spares some space on it for the other party. The details of the projects can be agreed between the parties depending on the projects. Such details are mostly confidential, but the author tries to show the types of collaboration by using the actual examples.
    As the hosted payload satellite has more than two parties that have interests in the satellite, it is very important to agree in advance how to allocate the risks between the parties. On this, especially for the projects between the non-governmental entities, the indemnification against the damage of the third parties caused by such satellite should be included. Notwithstanding such allocation, since the damage from the space activities may become enormous and the financial ability of the non-governmental entities may be limited, the State should be the final bearer of the liability against victims as international space law has in mind.
    Under international space law, the launching State is liable for the damage caused by space activities. The definition of the launching State under international space law could be found in the Liability Convention or the Registration Convention. When the hosted payload project is driven by the non-governmental entities, the identification of the launching State becomes difficult; such definition involves States, and makes it difficult to determine the launching State for activities of the non-governmental entities. As international space law has focused on the protection of the victims, the relief of the victims of the hosted payload projects should be dealt accordingly. In this respect, it would be ideal that the owner or the operator of the hosted payload (or the State which such owner or operator belongs to) should be regarded as the launching State. Through the discussion at UNCOPUOS or the changes found in the State liability under general international law, the possibility to include such party as the launching State is to be examined.


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

Mediation In England and Wales

CEDR, Eighth Mediation Audit

Journal Corporate Mediation Journal, Issue 1 2018
Authors


Article

Access_open The Application of European Constitutional Values in EU Member States

The Case of the Fundamental Law of Hungary

Journal European Journal of Law Reform, Issue 2-3 2018
Keywords Article 2 and 7 TEU, democratic backsliding, Hungary, infringement procedure, rule-of-law mechanism
Authors Gábor Halmai
AbstractAuthor's information

    This article deals with the backsliding of liberal democracy in Hungary, after 2010, and also with the ways in which the European Union (EU) has coped with the deviations from the shared values of rule of law and democracy in one of its Member States. The article argues that during the fight over the compliance with the core values of the EU pronounced in Article 2 TEU with the Hungarian government, the EU institutions so far have proven incapable of enforcing compliance, which has considerably undermined not only the legitimacy of the Commission but also that of the entire rule-of-law oversight.


Gábor Halmai
Professor and Chair of Comparative Constitutional Law, European University Institute, Department of Law, Florence. This volume (The EU Bill of Rights’ Diagonal Application to Member States. Ed. Csongor István Nagy) was published as part of the research project of the HAS-Szeged Federal Markets ‘Momentum’ Research Group.

P.J. Blount

Rafael Moro-Aguilar

Kristin Henrard Ph.D.
Kristin Henrard is professor minorities and fundamental rights in the department of International and EU law of the Erasmus School of Law in the Netherlands.

Jeremie Gilbert
Jeremie Gilbert is professor of Human Rights Law at the University of Roehampton in the UK.

    Indigenous claims have challenged a number of orthodoxies within state legal systems, one of them being the kinds of proof that can be admissible. In Canada, the focus has been on the admissibility and weight of oral traditions and histories. However, these novel forms are usually taken as alternative means of proving a set of facts that are not in themselves “cultural”, for example, the occupation by a group of people of an area of land that constitutes Aboriginal title. On this view, maps are a neutral technology for representing culturally different interests within those areas. Through Indigenous land use studies, claimants have been able to deploy the powerful symbolic capital of cartography to challenge dominant assumptions about “empty” land and the kinds of uses to which it can be put. There is a risk, though, that Indigenous understandings of land are captured or misrepresented by this technology, and that what appears neutral is in fact deeply implicated in the colonial project and occidental ideas of property. This paper will explore the possibilities for an alternative cartography suggested by digital technologies, by Indigenous artists, and by maps beyond the visual order.


Kirsten Anker Ph.D.
Associate Professor, McGill University Faculty of Law, Canada. Many thanks to the two anonymous reviewers for their frank and helpful feedback.

    This paper tries to give orientation on which legal ramifications a plan for a Moon Village should observe. Through an analysis of the relevant provisions of international space law it shall be highlighted what kind of activities are compatible with international space law as well as which kind of legal developments of space law may be aimed at in order to make future activities of the Moon Village successful.


Stephan Hobe
Prof. Dr. Dr. h.c., LL.M. (McGill); Director of the Institute of Air Law, Space Law and Cyber Law; holder of the Jean-Monnet Chair for Public International Law, European Law, European and International Economic Law at the University of Cologne. stephan.hobe@uni-koeln.de.

Rada Popova
Teaching and Research Fellow and PhD candidate at the Institute of Air Law, Space Law and Cyber Law (University of Cologne); (Mag. iur) Law Master's Degree (University of Vienna); Researcher at the 2017 Centre for Studies and Research (Hague Academy of International Law). rada.popova@uni-koeln.de.
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