Search result: 26 articles

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Year 2013 x
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

Re-thinking Peacebuilding

From Universal Models to Mundane Peace

Journal International Journal of Conflict Engagement and Resolution, Issue 2 2013
Keywords peace and conflict research, culture, peacebuilding, democracy, truth speaking
Authors Tarja Väyrynen
AbstractAuthor's information

    The article re-theorizes peacebuilding through the critique of the universalizing tendencies prominent in peace and conflict research. The critique is targeted both at the medical analogy and liberal peace theory which epitomize universalism in their own ways. By presenting a case study on a seemingly insignificant, minor and mundane event and person, a Finnish woman Kaisu, the article seeks to demonstrate the usefulness of cultural understanding of peacebuilding and the ethnographic fieldwork methods which open up interesting research questions for the research field. It is shown how peacebuilding is about politics that is ‘not yet’. During peacebuilding society needs to face its troubled past with its full complexity and create a space for constant struggle that does not seek consensus, but rather engages the society in agonistic politics and democracy. Ultimately, the article suggests that the agency of parrhestiastes, truth-speaker, opens up a necessary space for post-conflict peacebuilding as it reveals the fragmented nature of the national self.


Tarja Väyrynen
Tarja Väyrynen has theorized conflict and conflict resolution (e.g. Culture and International Conflict Resolution, Manchester and New York: Manchester University Press, 2001; “A Shared Understanding: Gadamer and International Conflict Resolution”, Journal of Peace Research, 42(3): 349-357, 2005). Her most recent work deals with war, peacebuilding, gender, corporeality, collective trauma and post-conflict silences. She is Academy Research Fellow in the School for Social Sciences and Humanities and the director of Research Group on Corporeality, Politics and Migration (COMPORE), University of Tampere, Finland. She worked as the Director and Professor in Tampere Peace Research Institute for eight years before taking up the Academy post in 2008.
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
AbstractAuthor's information

    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.


Lesedi Poloko
LLM in Advanced Legislative Studies (2011-2012), Institute of Advanced Legal Studies, School of Advanced Study, University of London. The author would like to thank Prof. Helen Xanthaki for her constructive comments and valuable suggestions. Any errors remain those of the author.
Article

Linguistic Disharmony, National Language Authority and Legislative Drafting in Islamic Republic of Pakistan

Journal European Journal of Law Reform, Issue 4 2013
Keywords National Language Authority, National Language of Pakistan, Legislation in Urdu, Plain Language Movement, Urdu Language
Authors Mazhar Ilahi
AbstractAuthor's information

    It is quite interesting to note that first, the first language of most of the population of Pakistan remains different in different geographical regions. Secondly, Urdu, which is the second language of most of the population of Pakistan though declared to be the sole constitutional and official language, is not so accepted by all the communities resident in Pakistan. As a result, and thirdly, the laws of Pakistan are drafted in a non-native language, English, which is mostly the third language of a small fraction of the country’s population . This situation runs counter to the theme of the Plain Language Movement for writing of laws (PLM), which strives to make the laws understandable for its subjects. The problem, in reality, owes its genesis to different ethno-lingual and political issues. However, without going into much detail of these ethno-lingual and political elements, this article aims to analyse the question of the need for linguistic harmony, the main causes of lack of focus upon the same and the role of the National Language Authority (NLA) in the context. In addressing these issues the author concludes that lack of political will to handle the natural ensuing issues of the multilingual features of the Pakistani society and the (English) linguistic hegemony of the ruling elites (civil and military bureaucracy) are the two main causes of the failure of the NLA to administer Urdu as a sole national/official/legislative language of Pakistan.


Mazhar Ilahi
The author is a Solicitor qualified in England & Wales currently working as an Associate Research Fellow and Director of the Legislative Drafting Clinic at the Institute of Advanced Legal Studies, School of Advanced Study, University of London. Previously, he has worked as a Civil Judge/Judicial Magistrate and is practicing as Advocate of High Courts in Pakistan. He is also country (Pakistan) representative of ‘CLARITY’, International Association Promoting Plain Legal Language. The author acknowledges the research facilitation provided by the IALS in writing this article.
Article

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
AbstractAuthor's information

    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.


Agnes Quartey Papafio
The author received her LLM Degree from the University of London, Institute of Advanced Legal Studies in 2012. She works at the Ministry of Justice and Attorney-General’s Office in Ghana as a legislative drafter attached to the Legislative Drafting Division.
Article

Access_open A Turn to Legal Pluralism in Rule of Law Promotion?

Journal Erasmus Law Review, Issue 3/4 2013
Keywords legal pluralism, rule of law promotion, legal reform, customary law, non-state legal systems, donor policy
Authors Dr.mr Ronald Janse
AbstractAuthor's information

    Over the past 25 years, international organizations, NGOs and (mostly Western) states have spent considerable energy and resources on strengthening and reforming legal systems in developing countries. The results of these efforts have generally been disappointing, despite occasional successes. Among donors, one of most popular explanations of this failure in recent years is that rule of law promotion has wrongly focused almost exclusively on strengthening the formal legal system. Donors have therefore decided to 'engage' with informal justice systems. The turn to legal plu‍ra‍lism is to be welcomed for various reasons. But it is also surprising and worrisome. It is surprising because legal pluralism in developing countries was a fact of life before rule of law promotion began. What made donors pursuing legal reform blind to this reality for so long? It is worrisome because it is not self-evident that the factors which have contributed to such cognitive blindness have disappeared overnight. Are donors really ready to refocus their efforts on legal pluralism and 'engage' with informal justice systems? This paper, which is based on a review of the literature on donor engamenet with legal pluralism in so-called conflict affected and fragile states, is about these questions. It argues that 7 factors have been responsible for donor blindness regarding legal pluralism. It questions whether these factors have been addressed.


Dr.mr Ronald Janse
Ronald Janse is Associate Professor of Law, University of Amsterdam, The Netherlands.
Article

Access_open Towards Context-Specific Directors' Duties and Enforcement Mechanisms in the Banking Sector?

Journal Erasmus Law Review, Issue 2 2013
Keywords banking sector, directors' duties, financial crisis, context-specific doctrines, public enforcement
Authors Wasima Khan LL.M.
AbstractAuthor's information

    The global financial crisis gives reason to revisit the debate on directors’ duties in corporate law, mainly with regard to the context of banks. This article explores the need, rationale and the potential for the introduction of context-specific directors’ duties and enforcement mechanisms in the banking sector in the Netherlands from a comparative perspective.
    Chiefly, two legal strategies can be derived from the post-crisis developments and calls for legal reforms for the need and rationale to sharpen directors’ duties in the context of the banking sector in order to meet societal demands. The two strategies consist in shifting the scope of directors’ duties (i) towards clients’ interests and (ii) towards the public interest.
    Subsequently, this article explores the potential for context-specific directors’ duties and accompanying enforcement mechanisms. Firstly, it is argued that the current legal framework allows for the judicial development -specific approach. Secondly, such context-specific directors’ duties should be enforced through public-enforcement mechanisms to enhance the accountability of bank directors towards the public interest but currently there are too much barriers for implementation in practice.
    In conclusion, this article argues that there is indeed a need, rationale and potential for context-specific directors’ duties; yet there are several major obstacles for the implementation of accompanying public-enforcement mechanisms. As a result, the introduction of context-specific directors’ duties in the banking sector may as yet entail nothing more than wishful thinking because it will merely end in toothless ambitions if the lack of accompanying enforcement mechanisms remains intact.


Wasima Khan LL.M.
PhD Candidate at the Erasmus School of Law, Erasmus University Rotterdam. The author wishes to express her gratitude for valuable comments on an earlier draft of this article from Prof. Vino Timmerman and Prof. Bastiaan F. Assink at the Erasmus School of Law, Erasmus University Rotterdam, as well as the Journal‘s editors and peer reviewers. Any errors remain those of the author.
Article

Access_open Offer and Acceptance and the Dynamics of Negotiations: Arguments for Contract Theory from Negotiation Studies

Journal Erasmus Law Review, Issue 2 2013
Keywords Contract Formation, Offer and Acceptance, Negotiation, Precontractual, UNIDROIT Principles of International Commercial Contracts
Authors Ekaterina Pannebakker LL.M.
AbstractAuthor's information

    The doctrine of offer and acceptance forms the basis of the rules of contract formation in most western legal systems. However, if parties enter into elaborate negotiations, these rules may become difficult to apply. This paper addresses the application of the doctrine of offer and acceptance to the formation of contract in the context of negotiations. The paper argues that while the doctrine of offer and acceptance is designed to assess the issues related to the substance of the future eventual contract (the substantive constituent of negotiations), these issues overlap within the context of negotiations with the strategic and tactical behaviour of the negotiators (dynamic constituent of negotiations). Analysis of these two constituents can be found in negotiation studies, a field which has developed over the last decades. Using the rules of offer and acceptance of the UNIDROIT Principles of International Commercial Contracts as an example, this paper shows that the demarcation between the substantive and the dynamic constituents of negotiations can be used as the criterion to distinguish between, on the one hand, the documents and conduct forming a contract, and, on the other hand, other precontractual documents and conduct. Furthermore, the paper discusses the possibility of using the structure of negotiation described by negotiation studies as an additional tool in the usual analysis of facts in order to assess the existence of a contract and the moment of contract formation.


Ekaterina Pannebakker LL.M.
PhD candidate, Erasmus School of Law, Erasmus University Rotterdam. I thank Sanne Taekema and Xandra Kramer for their valuable comments on the draft of this article, and the peer reviewers for their suggestions. The usual disclaimer applies.
Article

Legislative Techniques in Rwanda

Present and Future

Journal European Journal of Law Reform, Issue 3 2013
Keywords legislative drafting, law-making, drafting techniques, Rwanda, quality of legislation
Authors Helen Xanthaki
AbstractAuthor's information

    This report is the result of the collective work of 26 Rwandan civil servants from a number of ministries, who set out to offer the Ministry of Justice a report on legislative drafting in Rwanda. The work was undertaken under the umbrella of the Diploma in Legislative Drafting offered by the Institute for Legal Professional Development (ILPD) in Nyanza under the rectorship of Prof. Nick Johnson. The authors have used their experience of practising drafting in Rwanda, but have contributed to the report in their personal capacity: their views are personal and do not reflect those of the Government of Rwanda.
    My only contribution was the identification of topics, which follows the well-established structure of manuals and textbooks in drafting; the division of the report into two parts: Part 1 on the legislative process and Part 2 on drafting techniques; and the methodology of each individual entry to our report: what is current Rwandan practice, what are international standards, what is the future of Rwanda, and a short bibliography to allow the readers and users of the report to read further, if needed.
    The strength of this report lies both in the methodology used and in the content offered. The breakdown of topics, their prioritization and their sequence allow the reader to acquire a holistic view on how legislation is drafted in Rwanda, but there is nothing to prevent its use in the context of surveys on legislative drafting and legislative quality in other jurisdictions. The content offers a unique insight into the legislative efforts of a jurisdiction in transition from civil to common law: both styles are assessed without prejudice, thus offering a unique fertile ground for critical assessment and practical impact analysis.
    June 2013


Helen Xanthaki
Senior Lecturer and Academic Director, Centre for Legislative Studies, Institute of Advanced Legal Studies, School of Advanced Study, University of London, Lawyer (Athens Bar).

    The aim of this study is to prove that the use of section headings in legislation contributes to achieve effectiveness by helping readers of legislation find what they need to know faster, and understand it more easily. To prove the hypothesis, this study uses a comparative methodology by applying Horn’s criteria: Primary Users and Official Interpreters; Assistance for Primary Users; and Assistance for Official Interpreters. The study applies those criteria to Australian and Rwandan jurisdictions.


Samuel Ngirinshuti
Samuel Ngirinshuti graduated in Legislative Drafting (LLM) from the University of London- Institute of Advanced Legal Studies in 2012.

    In this paper, I will firstly illustrate the broader context of the contractualisation of family law by drawing upon the oscillations in family regulation between private and public regulators, in the light of the so-called family law exceptionalism. I consider the contractualisation of family law to be the ordering of the family by families and individuals through the use of legally binding private instruments. I will elaborate upon the substantive and jurisdictional contractualisation of family law in Sections 2 and 3 of this paper respectively. The deliberately 'impressionist' presentation of Section 1-3 leads onto the conclusion which proposes that States benevolently tolerate substantive contractualisation through a lower standard of judicial review, and that, whilst they actively stimulate jurisdictional contractualisation of the content of family relations, the formation and dissolution of family relations still appear to fall within the State's exclusive domain (Section 4).
    ---
    In deze bijdrage situeer ik eerst de 21ste eeuwse contractualisering van het familierecht in de historische pendelbeweging tussen publieke en private regulering van familieleven. Die leidde in de 19de en 20ste eeuw tot de aanneming van een bijzondere, niet-contractuele, aard van het familierecht (sectie 1). Ik beschouw als contractualisering van het familierecht: de regulering van familieleven door de familie en door individuen, door middel van juridisch bindende privaatrechtelijke instrumenten. Ik zal ingaan op de inhoudelijke en jurisdictionele contractualisering van het familierecht in respectievelijk de secties 2 en 3 van deze bijdrage. De bewust 'impressionistische' uiteenzetting in secties 1-3 leidt naar de conclusie dat Staten enerzijds een welwillende houding aannemen ten opzichte van inhoudelijke contractualisering, doordat een lagere norm van rechterlijke toetsing wordt gehanteerd. Anderzijds stimuleren zij actief de jurisdictionele contractualisering van de inhoud van familierelaties. Het aangaan en de beëindiging van familierelaties blijven daarentegen het exclusieve domein van de Staat (sectie 4).


Prof. dr. Frederik Swennen
Frederik Swennen is a senior lecturer at the University of Antwerp and an attorney at the Brussels Bar.
Article

Brazil and International Agreements

Journal European Journal of Law Reform, Issue 2 2013
Keywords international agreements, Brazil, international scenario
Authors Eugênia Cristina Nilsen Ribeiro Barza
AbstractAuthor's information

    This article brings together an analysis about international agreements, highlighting their importance to States, either separately or in groups, considering aspects of the universal nature of their content, as well as regional aspects, stressing some particularities of the Brazilian legal system. It is based on the assumption that it is interesting for nation-States to participate in the elaboration of international agreements, although it is not always possible to implement them, their validity is not refuted or their efficacy denied. It is also relevant to reflect upon the international commitments internally, even more so when we see that the State will have to deal with a series of variables to validate such international commitments. At times when States are interdependent, the study about the participation of the State in the elaboration of international agreements is more than relevant, and is divided here in three perspectives. First, the participation of the State in regional agreements, highlighting the European experience of integration. Then, the Latin-American attempts at integration, from which MERCOSUL stands out, and, finally, matters unique to Brazil in light of international and regional challenges. At the end of this study, some answers as to how and why Brazil incorporates and implements its international agreements will be presented as final considerations.


Eugênia Cristina Nilsen Ribeiro Barza
Ph.D. in Law and Associate Professor of the Recife Law School, Legal Sciences Centre at the Federal University of Pernambuco, where she teaches Private International Law. Research Group: Regional integration, globalisation and International Law. E-mail: ecnrbarza@terra.com.br.
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.
Article

Is There a Theory of Radical Disagreement?

Journal International Journal of Conflict Engagement and Resolution, Issue 1 2013
Keywords Radical disagreement, linguistic intractability, agonistic dialogue, conflict engagement
Authors Oliver Ramsbotham
AbstractAuthor's information

    This article concerns linguistic intractability, the verbal aspect of those conflicts that so far cannot be settled or transformed. At its heart lies the phenomenon of radical disagreement. This is generally discounted in conflict resolution as positional or adversarial debate. It is seen as a terminus to dialogue that must from the outset be transformed, not learnt from. In this article the refusal to take radical disagreement seriously is traced back to the way radical disagreement is described and explained in the third party theories that frame attempts at settlement and resolution in the first place.
    On pp. 58-60 a theory of radical disagreement is contrasted with an example. In the theory radical disagreement is described as a juxtaposition of equivalent subjective narratives that do not ‘reflect truth’ but merely serve as ‘motivational tools’ for group survival. In the example, it can be seen that neither speaker is saying that. The Palestinian claim (A) is not about a subjective narrative or motivational tool, but about a lived reality endured for 60 years. And the Israeli claim (B) is not about a juxtaposition of equivalent accounts, but a fierce refutation of faults and misrepresentations in what the other says. This mismatch between third party theory and participant example explains a great deal about why third party interventions based on those theoretical assumptions fail.
    The rest of the article looks at a range of putative theories invoked in conflict analysis and conflict resolution. This is a search for third party descriptions and explanations that are adequate to examples of what they purport to describe and explain. Surprisingly the net is hauled in empty. The interim conclusion to this article is that there is no adequate theory of radical disagreement.
    In the first issue of the International Journal of Conflict Engagement and Resolution, this article sets the scene for an exploration of the relationship between engagement and resolution that it is hoped will be developed in future issues. It will be argued there that the practical implication of the discovery that there is no adequate theory of radical disagreement is that in intractable conflicts it is a mistake to ignore this phenomenon. Radical disagreement is not all too familiar but perhaps the least familiar feature of intense political conflict. What is required in the face of linguistic intractability, therefore, is not less radical disagreement but more – namely promotion of a ‘strategic engagement of discourses’. Only then is it possible to move from engagement to resolution and to create the space for a future revival of attempts at settlement and transformation in the linguistic sphere.


Oliver Ramsbotham
Emeritus Professor of Conflict Resolution, University of Bradford. Paper first presented at the Conflict Research Society Annual Conference, Coventry, September 2012.
Article

Relational Constructionism

Generative Theory and Practice for Conflict Engagement and Resolution

Journal International Journal of Conflict Engagement and Resolution, Issue 1 2013
Keywords Conflict transformation, conflict resolution, action research, positioning theory, relational constructionism
Authors Nikki R. Slocum-Bradley
AbstractAuthor's information

    This article draws upon relational constructionist ideas to facilitate a meta-theoretical shift in conflict engagement and transformation. Based upon insight into conceptual and relational inter-dependency, two tasks are suggested as key aims for future work: 1) nurturing a profound respect for inter-dependent self/other and appreciation for relationships, and 2) developing skills to construct nurturing, generative relationships. Underscoring that research, theory-building and other aspects of scholarship are in themselves practices, the author encourages the design of these and other practices to facilitate conflict transformation. Exploring the implications of relational constructionist insights, an approach is proposed that merges the boundaries of theory-building, research methodology, and conflict engagement: Action Research for the Transformation of Conflicts (ART-C). While ART-C provides a process that facilitates the construction of cooperative relationships, insights from Positioning Theory illuminate how actors co-construct relationships by evoking meanings and norms that guide action. These concepts are applied to a variety of examples from around the globe that illustrate the transformation of identities, relationships and conflicts.


Nikki R. Slocum-Bradley
Associate Research Fellow, United Nations University (UNU-CRIS).
Article

Crises and Opportunities:

Six Contemporary Challenges for Increasing Probabilities for Sustainable Peace

Journal International Journal of Conflict Engagement and Resolution, Issue 1 2013
Keywords Conflict resolution, peace, evidence-based practice, gender, systems
Authors Peter T. Coleman
AbstractAuthor's information

    The news from the field of peace and conflict studies is mixed. It is evident that the increasing complexity, interdependence and technological sophistication of conflict, violence and war today introduce many new challenges to peace-keeping, making and building. However, it is also likely that these trends present new opportunities for fostering and sustaining peace. If our field is to capitalize on such prospects, it will need to more effectively understand and address several basic dilemmas inherent to how we approach our work. This paper outlines six contemporary challenges, and suggests some options for addressing them.


Peter T. Coleman
Director of International Center for Cooperation and Conflict Resolution and Professor of Psychology and Education at Teachers College and The Earth Institute at Columbia University.
Article

Access_open Rechtspraak en waarheid in Aischylos’ Oresteia en Yael Farbers Molora

Journal Netherlands Journal of Legal Philosophy, Issue 2 2013
Keywords Oresteia, tragedy, conflict resolution, truth and reconciliation commission, restorative justice
Authors Lukas van den Berge
AbstractAuthor's information

    This article explores the themes of injustice and dehumanization in Aeschylus’ Oresteia and Yael Farber’s Molora, in which the story of the Oresteia is dramatized against the backdrop of post-apartheid South Africa. It is argued that both plays depict wrongdoers and victims alike as social outcasts. Thus, they can both be described with Paul Ricoeur as ‘sketches of a man,’ not being able to live up to their full human potential. Borrowing from Ricoeur’s legal philosophy, it is then explained how public trials and hearings help them to reintegrate into society, in which they can regain their full humanity.


Lukas van den Berge
Lukas van den Berge is researcher at the Montaigne Centre for Judicial Administration and Conflict Resolution of Utrecht University (the Netherlands), where he prepares a dissertation on the theory of administrative procedural law.
Article

Access_open International Criminal Law and Constitutionalisation

On Hegemonic Narratives in Progress

Journal Erasmus Law Review, Issue 1 2013
Keywords hegemony, constitutionalism, constitutionalisation, international criminal law
Authors Marjan Ajevski
AbstractAuthor's information

    As we move towards constructing narratives regarding the future outlook of global governance, constitutionalisation among them, the hope is that whatever shape this world order takes it will, somehow, forestall or hinder the possibility of a hegemonic order. This article tries to deconstruct the notion of hegemony and claims that as it currently stands it is useless in doing its critical work since every successful narrative will end up being hegemonic because it will employ the ‘hegemonic technique’ of presenting a particular value (or value system), a particular viewpoint, as universal or at least applying to those who do not share it. The only way for a narrative in this discourse not to be hegemonic would be for it to be either truly universal and find a perspective that stems from nowhere and everywhere – a divine perspective – or purely descriptive; the first being an impossibility for fallible beings and the other not worth engaging with since it has nothing to say about how things should be structured or decided in a specific situation.


Marjan Ajevski
Post-Doctoral research fellow part of the MultiRights project – an ERC Advanced Grant on the Legitimacy of Multi-Level Human Rights Judiciary – <www.MultiRights.net>; and PluriCourts, a Research Council of Norway Centre of Excellence – <www.PluriCourts.net>, Norwegian Centre of Human Rights, Faculty of Law, University of Oslo. I can be contacted at marjan.ajevski@nchr.uio.no.
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