Search result: 19 articles

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Year 2016 x
Article

Ethical Principles for Online Dispute Resolution

A GPS Device for the Field

Journal International Journal of Online Dispute Resolution, Issue 1 2016
Keywords ODR, ethics, alternative dispute resolution, technology
Authors Leah Wing
AbstractAuthor's information

    The disruptive force of technology has led to innovative dispute resolution practices that increase access to justice and also raise new ethical considerations. In response, there have been assertions about the importance of applying to online dispute resolution (ODR) the shared values already enshrined within alternative dispute resolution (ADR) as well as calls to more carefully assess ways they may be insufficient or need refining to adequately address the new ethical challenges emerging in ODR. As ODR is increasingly incorporated into legislation, regulation and a wide variety of sectors in society, it is timely to explore the importance of ethical principles specifically for ODR. In the hope of contributing to these efforts, this article examines the benefits and challenges of articulating a set of ethical principles to guide the development and implementation of ODR systems, technology and processes.


Leah Wing
Leah Wing is Co-Director, National Center for Technology and Dispute Resolution, and Senior Lecturer, Legal Studies Program, Department of Political Science, University of Massachusetts at Amherst (USA).
Article

Enforcement of Judgments in SEE, CIS, Georgia and Mongolia

Challenges and Solutions

Journal European Journal of Law Reform, Issue 2 2016
Keywords enforcement, bailiffs, judgments, CIS, SEE
Authors Kim O’Sullivan and Veronica Bradautanu
AbstractAuthor's information

    The article considers the results of the Assessment of enforcement systems for commercial cases, carried out by the European Bank for Reconstruction and Development (EBRD) in 2013-2014. In phase I the Assessment looked at the systems in thirteen countries, namely Armenia, Azerbaijan, Belarus, Georgia, Kazakhstan, Kyrgyz Republic, Moldova, Mongolia, Russia, Tajikistan, Turkmenistan, Ukraine, Uzbekistan (“CIS+ region”); and in phase II another eight countries were reviewed: Albania, Bosnia and Herzegovina, Croatia, FYR Macedonia, Kosovo, Montenegro, Serbia and Slovenia (“SEE region”).
    On the basis of the information gathered during the Assessment, the article compares the three forms of enforcement systems and their manifestation in the assessed regions: public (state), private and mixed (hybrid) systems. Using examples from the reviewed jurisdictions, the article discusses the benefits and downsides of each form. There is no preferred form; however, each may borrow elements from the other to result in a stronger system.
    The Assessment attempted to provide a comprehensive overview of the enforcement frameworks and practices and to pinpoint areas that might need reform and attention in order to improve the quality of the service. It looked at the following elements of enforcement: resources and framework, supervision and integrity issues, searching for assets, seizure of assets, sale of assets, speed of enforcement, cost and fees.
    The article discusses in detail the two areas of enforcement that emerged from the Assessment as most challenging: searching for debtors’ assets and sale of seized assets. Facilitated access to registers, wider use of electronic means of communications and clear process are identified among the contributors to better practice in searching for assets. Similarly, use of electronic platforms, establishing a fair price, ensuring sufficient flexibility in methods and process of sale would help improve the outcome of enforcement.
    The article further analyses another two components often overlooked by the regulatory bodies and policymakers, which permeate the enforcement system, significantly influencing the enforcement process. This refers to gathering of statistical data about the results of enforcement and its effective use; as well as efficient supervisory system over enforcement agents. The article argues that gathering data about, for example, enforcement timeline and percentage of recovered claims, and publicizing such data shall contribute to improved results. Furthermore, having an adequate complaints system will help build trust in the enforcement profession.


Kim O’Sullivan
Kim O’Sullivan is a Principal Counsel at EBRD.

Veronica Bradautanu
Veronica Bradautanu is a Consultant to the EBRD.

Raf Geenens
Raf Geenens is Assistant Professor of Ethics and Legal Philosophy at the Institute of Philosophy, University of Leuven.

Nora Timmermans
Nora Timmermans is PhD Research Fellow of the Research Foundation - Flanders (FWO) at the Centre for Ethics, Social and Political Philosophy, University of Leuven.
Article

Access_open ‘Should the People Decide?’ Referendums in a Post-Sovereign Age, the Scottish and Catalonian Cases

Journal Netherlands Journal of Legal Philosophy, Issue 2 2016
Keywords sub-state nationalism, referendums, sovereignty, deliberative democracy, Scottish referendum
Authors Stephen Tierney
AbstractAuthor's information

    This article uses the rise of referendum democracy to highlight the tenacity of modern nationalism in Western Europe. The proliferation of direct democracy around the world raises important questions about the health of representative democracy. The paper offers a theoretical re-evaluation of the role of the referendum, using the 2014 referendum on Scottish independence to challenge some of the traditional democratic criticisms of popular democracy. The final part of the paper addresses the specific application of referendums in the context of sub-state nationalism, addressing what might be called `the demos question'. This question was addressed by the Supreme Court in Canada in the Quebec Secession Reference but has also been brought to the fore by the Scottish reference and the unresolved issue of self-determination in Catalonia.


Stephen Tierney
Stephen Tierney is Professor of Constitutional Theory at the University of Edinburgh and Director of the Edinburgh Centre for Constitutional Law.
Article

Access_open Power and Principle in Constitutional Law

Journal Netherlands Journal of Legal Philosophy, Issue 2 2016
Keywords sovereignty, constitutional law, positivism, constructivism, common law
Authors Pavlos Eleftheriadis
AbstractAuthor's information

    Legal and sociological theories of sovereignty disagree about the role of legal and social matters in grounding state power. This paper defends a constructivist view, according to which the constitution is a judgment of practical reason. The paper argues that a constitution sets out a comprehensive institutional architecture of social life in terms of principles and official roles that are necessary for any legitimate scheme of social cooperation to exist. It follows that legal and sociological theories of sovereignty capture only part of the truth of sovereignty. Legal reasoning engages with political power, but it is not determined by it. There is no causal chain between power and validity, as suggested by the legal positivists. The relation between power and law is interpretive, not causal. It follows that the circularity of law and the constitution, namely the fact that the law makes the constitution and the constitution makes the law, is not a vicious circle. It is part of an ordinary process of deliberation.


Pavlos Eleftheriadis
Pavlos Eleftheriadis is Associate Professor of Law and Fellow in Law at Mansfield College, University of Oxford.
Article

Systems Thinking, Big Data, and Data Protection Law

Using Ackoff’s Interactive Planning to Respond to Emergent Policy Challenges

Journal European Journal of Law Reform, Issue 4 2016
Keywords big data, data protection, data minimization, systems thinking, interactive planning
Authors Henry Pearce
AbstractAuthor's information

    This article examines the emergence of big data and how it poses a number of significant novel challenges to the smooth operation of some of the European data protection framework’s fundamental tenets. Building on previous research in the area, the article argues that recent proposals for reform in this area, as well as proposals based on conventional approaches to policy making and regulatory design more generally, will likely be ill-equipped to deal with some of big data’s most severe emergent difficulties. Instead, it is argued that novel, and possibly unorthodox, approaches to regulation and policy design premised on systems thinking methodologies may represent attractive and alternative ways forward. As a means of testing this general hypothesis, the article considers Interactive Planning, a systems thinking methodology popularized by the organizational theorist Russel Ackoff, as a particular embryonic example of one such methodological approach, and, using the challenges posed by big data to the principle of purpose limitation as a case study, explores whether its usage may be beneficial in the development of data protection law and policy in the big data environment.


Henry Pearce
University of Hertfordshire, Lecturer in law, e-mail: h.pearce@herts.ac.uk.
Article

The International Criminal Court and Africa

Contextualizing the Anti-ICC Narrative

Journal African Journal of International Criminal Justice, Issue 1-2 2016
Keywords International Criminal Court (ICC), security, African Union (AU), war crimes, international law
Authors Brendon J. Cannon, Dominic R. Pkalya and Bosire Maragia
AbstractAuthor's information

    This article critiques attempts by some in Africa to brand the International Criminal Court (ICC) as a neocolonial institution and stooge of the West. These arguments accuse the ICC of playing a double standard, being overly focused on trying African defendants, and warn that the Court risks exacerbating factionalism and ethnic divisions thereby threatening peace and reconciliation efforts. Although we neither defend nor champion the ICC’s mandate, we deem such criticisms as hyperbole. At best, they attempt to whitewash the instrumental role played by African states in the birth of the Court and ignore the fact that many of the ICC cases were referred there by African governments. Furthermore, the current African narrative understates the ICC’s potential to midwife local judiciaries and contribute positively towards conflict resolution in Africa through the promotion of at least a measure of accountability and offers of justice, thereby taming elite immunity and impunity in states where justice regimes are either weak or non-existent. Until African states strengthen their judiciaries to ensure such references to the ICC are indeed a last resort, the Court will continue to remain the only credible forum for states emerging from conflict and seeking justice and reconciliation.


Brendon J. Cannon
Brendon J. Cannon is an Assistant Professor of Political Science at Khalifa University’s Institute of International and Civil Security (IICS) in Abu Dhabi, UAE.

Dominic R. Pkalya
Dominic R. Pkalya is a post-graduate student at Kisii University, Faculty of Social Sciences in Nairobi, Kenya.

Bosire Maragia
Bosire Maragia is an Adjunct Lecturer of Political Science (African Politics) at the University of Maryland, Baltimore County, USA and works for the United States Federal Government. The views expressed herein are his and do not reflect or constitute official US government policy.
Article

Access_open The Justification of Basic Rights

A Discourse-Theoretical Approach

Journal Netherlands Journal of Legal Philosophy, Issue 3 2016
Keywords Basic rights, Right to justification, Discourse theory, Non-domination, Kant
Authors Rainer Forst
AbstractAuthor's information

    In this paper, I suggest a discourse theory of basic legal rights that is superior to rival approaches, such as a will-based or an interest-based theory of rights. Basic rights are reciprocally and generally justifiable and binding claims on others (agents or institutions) that they should do (or refrain from doing) certain things determined by the content of these rights. We call these rights basic because they define the status of persons as full members of a normative order in such a way that they provide protection from severe forms of legal, political and social domination. The very ground of these rights is the status of persons as free and equal normative authorities within the order they are subject to. In other words, these rights are grounded in a fundamental moral right to justification.


Rainer Forst
Rainer Forst is professor of Political Theory and Philosophy at the Goethe Universität, Frankfurt am Main.
Article

Pondering over “Participation” as an Ethics of Conflict Resolution Practice

Leaning towards the “Soft Side of Revolution”

Journal International Journal of Conflict Engagement and Resolution, Issue 2 2016
Keywords participation, structural violence, narrative compression, master-counter narratives
Authors Sara Cobb and Alison Castel
AbstractAuthor's information

    “Participation” has been defined as the engagement of local populations in the design and implementation of peace-building processes in post-conflict settings and it has been presumed to be critically important to sustainable conflict intervention. In this article, we explore this concept, so central to the field of conflict resolution, focusing on a set of problematic assumptions about power and social change that undergird it. As a remedy to these issues, we offer a narrative as a lens on the politics of participation. This lens thickens our description of our own participation as interveners, a reflexive move that is notably missing in most efforts to redress the dark side of “participation” – that it has often been used as a means to upend structural violence, only to contribute to its reproduction. Drawing on the work of Ginwright, specifically his work with black youth in Oakland, CA, we explore participation as a process involving the critical examination of master/counternarratives. By offering a narrative lens on participation, we hope to illuminate a framework for the ethics of conflict resolution practice that enables practitioners to ethically navigate the politics of “participation.”


Sara Cobb
Dr. Sara Cobb is the Drucie French Cumbie Chair at the School for Conflict Analysis and Resolution (S-CAR) at George Mason University. She is also the Director of the Center for the Study of Narrative and Conflict Resolution at S-CAR that provides a hub for scholarship on narrative approaches to conflict analysis and resolution. Dr. Cobb is widely published and a leader in narrative approaches to conflict resolution.

Alison Castel
Dr. Alison Castel is faculty at the University of Colorado, Boulder where she teaches the core curriculum in Peace and Conflict Studies for the International Affairs program and is the Associate Director of the CU in DC internship program. She holds a Ph.D from the School for Conflict Analysis and Resolution (S-CAR) at George Mason University, and is an affiliate of the Center for Narrative and Conflict Resolution at S-CAR.

    As the nature of global violence shifts and conflict becomes increasingly characterized by intrastate violence, theoretical underpinnings of violence and aggression based on Westphalian models have become insufficient. Contemporary warfare is no longer confined to acts of violence between states using large-scale weaponry where non-combatants are rarely at the front lines. Instead, small arms have allowed rebel groups to bring the front lines of conflict to villages, resulting in a much deadlier age of violence against civilians. This shift has led to an increase in attention to the impact of violent conflict on civilians, including a consideration of the gendered experiences of women, men, girls and boys.
    Of particular concern in this article is the way in which a discourse of victimhood, mobilized through international policy and intervention, can further marginalize and disempower women in postwar contexts. Drawing on ethnographic data from fieldwork with women in Bosnia-Herzegovina, this article will highlight the usefulness of a narrative framework for understanding how individuals make sense of violence, and the discursive politics at work in how these experiences are storied. To this end, the article endeavours to expand the theoretical base from which to understand women’s experiences of conflict in order to ensure postwar interventions do not confine women to the role of “victim,” but support a full range of their expression of agency.


Jessica M. Smith
Jessica Smith is a PhD candidate at the School for Conflict Analysis & Resolution at George Mason University. Her research is focused on exploring the intersection of photography, narrative theory, and women’s postwar political agency as a point of inquiry for developing a richer understanding of how to meaningfully engage women in conflict transformation processes. Currently, she is a fellow for the Center for the Study of Narrative and Conflict Resolution and the Managing Editor of Narrative & Conflict: Explorations in Theory and Practice.
Article

Narrative Approaches to Understanding and Responding to Conflict

Journal International Journal of Conflict Engagement and Resolution, Issue 2 2016
Keywords narrative, conflict resolution, development, assessment, evaluation
Authors Sarah Federman
AbstractAuthor's information

    While stories have circulated for millennia and constitute the very fabric of life in society, narrative as an optic for understanding and engaging with conflict emerged in the field of conflict resolution only in the past few decades, and has already amassed an array of significant contributions (Bar-Tal and Salomon, 2006; Cobb, 2013; Grigorian and Kaufman, 2007; Kellett, 2001; Lara, 2007; Nelson, 2001; Rotberg, 2006; Winslade and Monk, 2000). They encompass several spheres of action. Narrative analysis provides a means to locate individual and communal meaning in their discourse and to pinpoint conflicts in their world views that threaten their identity and agency. Further, it helps explain how marginalized people remain marginalized. Narrative interventions allow for conflict transformation, helping people to renegotiate their social positions and reclaim lost agency stemming from marginalized positions. Narrative evaluation highlights the flexibility of that model to measure change through a detection of discursive shifts over time. This article provides an overview of narrative approaches to conflict, answering: (a) What is narrative and what is its potential as a tool for understanding and responding to conflict? (b) How might we conduct a narrative analysis of a conflict? (c) From this analysis, how might we then construct narrative interventions and programme evaluations?


Sarah Federman
Sarah Federman is an Assistant Professor at the University of Baltimore in the department of Negotiations and Conflict Management. Federman completed her doctorate at George Mason University’s School for Conflict Analysis and Resolution where she studied the role of the French National Railways (SNCF) in the Holocaust and the on-going conflict in the United States over whether the company has done enough to make amends. She used narrative and ethnographic methods to construct a narrative landscape of the conflict over time and to better understand the social construction of victim-perpetrator binaries. Federman began this research as a masters student at the American University of Paris.
Case Reports

2016/24 Claimant required to show the ‘reason why’ the underlying reason behind a practice was indirectly discriminatory (UK)

Journal European Employment Law Cases, Issue 2 2016
Keywords Race discrimination, Discrimination on the grounds of religion or belief, Indirect discrimination, Underlying reason for PCP
Authors Anna Bond
AbstractAuthor's information

    The Court of Appeal (‘CoA’) has held that there was no indirect discrimination where the underlying reason behind a ‘provision, criterion or practice’ (‘PCP’) operated by an employer was not discriminatory. The claim of indirect discrimination was brought by Mr Naeem, who is employed by the Prison Service as a full-time imam at HMP Bullingdon. Until 2002, the Prison Service employed only Christian chaplains full-time due to a lack of demand for chaplains of other faiths (who were employed on a sessional basis only). From 2002, it started to hire full-time Muslim as well as Christian chaplains due to an increase in the number of Muslim prisoners.
    The prison system’s pay scale rewards length of service and pay rises are linked to both performance and length of full-time service. Mr Naeem argued that this had a disproportionate negative effect on Muslims, as they could not have been employed for as long as Christians. The CoA rejected this claim, based on the fact that the underlying reason for the difference was the lack of demand for Muslim chaplains before 2002, and that this was not discriminatory.
    This case follows the 2015 CoA case of Essop v Home Office [2015] EWCA Civ 609, which was the first case to add in this extra layer to the indirect discrimination test. According to these cases, a claimant must now show not only that a particular practice particularly disadvantaged them, but also why this is the case. In both cases, appeals have been made to the Supreme Court and these are expected to be heard together later this year.


Anna Bond
Anna Bond is an associate at Lewis Silkin LLP: www.lewissilkin.com.
Article

Reflexivity, Responsibility and Reciprocity

Guiding Principles for Ethical Peace Research

Journal International Journal of Conflict Engagement and Resolution, Issue 1 2016
Keywords ethics, peace research, peacebuilding practice, research methodology, reflexivity
Authors Angela J. Lederach
AbstractAuthor's information

    The application of peace research to settings of violent conflict requires careful attention to the ethical dimensions of scholarship; yet, discussions about the ethics of peace research remain underdeveloped. This article addresses a critical gap in the literature, outlining a framework for ethical peace research broadly encompassed in three guiding principles: responsibility, reciprocity and reflexivity. The first section provides an overview of the ethics of peace action and research, introducing key contributions that practitioner-scholars have made to the ethics of peacebuilding. In the second section, I explore how the guiding principles of reflexivity, responsibility and reciprocity offer a flexible framework for engaging in everyday ethical research practices. I conclude with preliminary recommendations to encourage further conversation about the ethics of peace research, offering ideas for future action.


Angela J. Lederach
Angela J. Lederach is a PhD student in Anthropology and Peace Studies at the University of Notre Dame. Her research interests include youth and community-based peacebuilding, gender, social and environmental justice, displacement and migration. She is currently conducting participatory research in Colombia alongside the Proceso Pacífico de Reconciliación e Integración de la Alta Montaña, a social movement comprised of campesinos (peasant farmers) who were forcibly displaced as a result of the armed conflict. Her research is specifically focused on the social-political, ecological, and ethical dimensions of retorno digno (dignified return) in rural Colombia.
Article

The Moral Imagination Embodied

Insights from Artists Navigating Hybrid Identities in Scholarship and Practice

Journal International Journal of Conflict Engagement and Resolution, Issue 1 2016
Keywords community art, peace studies, arts-based peacebuilding, practice, theory
Authors Kathryn M. Lance
AbstractAuthor's information

    The field of conflict engagement is riddled with tensions and challenges, such as the ‘science-practice crisis’ or the ‘scholarship–practice divide’. Using interviews and an inductive, interdisciplinary approach and following the framework of The Moral Imagination, this article aims to deconstruct this core tension of ‘scholarship or practice’. It does this from the perspective of individuals often overlooked in our field: artists. This study included interviews with three specific artists who work along the practice–scholarship spectrum. Even though these artists engage in both scholarship and practice, they do not simply define themselves as ‘scholars’ or ‘practitioners’. Instead, they navigate their identities and work in-between these two terms. While practicing, researching and teaching they exemplify – and also move beyond – the ‘both/and’ approach. Using an inquiry-based, inductive approach to glean insight from these artists gives them voice and opens up a space for their views on the relationship between scholarship and practice. Paying special attention to how artists make sense of their location(s) along the aforementioned spectrum unearths fresh perspectives on the debate while furthering our understanding of the nexus between scholarship and practice


Kathryn M. Lance
Kathryn M. Lance is a PhD student in the joint programme in Psychology and Peace Studies at the University of Notre Dame. Her research focuses on youth resilience and means of addressing trauma in divided societies and conflict settings. She is specifically interested in the effects of arts-based peacebuilding and the relationship between the arts, resilience and trauma healing.
Article

Documentary Filmmakers

Bridging Practice and Scholarship in Peacebuilding

Journal International Journal of Conflict Engagement and Resolution, Issue 1 2016
Keywords documentary, film, peacebuilding, narratives, storytelling
Authors Dana Townsend and Kuldeep Niraula
AbstractAuthor's information

    In settings characterized by violent conflict, documentary filmmakers serve as a conduit between local experiences and the broader public. Highlighting these experiences requires filmmakers to immerse themselves in a context, digest scholarly findings, interview local sources and organize information into an accessible storyline. Those who utilize this craft often draw from established research or collaborate with scholars to ensure the narrative resonates with people and represents verified events. At the same time, their films contribute to the practice of peacebuilding through a participatory process that focuses on storytelling and community healing. This article explores the dual role of documentary filmmakers by positioning them as potential bridge-builders between practice and scholarship in peacebuilding. Specifically, it looks at the way filmmakers navigate between these realms by countering hegemonic narratives, introducing marginalized voices, contextualizing conflict and sharing stories with a wide audience – while also reflecting on the way their own identities and viewpoints influence this process.


Dana Townsend
Dana Townsend is a PhD student in Psychology and Peace Studies at the University of Notre Dame. Her research focuses on the impact of political violence on youth’s psychological functioning as well as the ways that youth engage with memories of violence and utilize narratives to position themselves in their social worlds. She is also interested in the use of digital storytelling for community engagement, healing and reconciliation.

Kuldeep Niraula
Kuldeep Niraula is a PhD student in Conflict Resolution at George Mason University and graduated with an MA in International Peacebuilding from the University of Notre Dame’s Kroc Institute for International Peace Studies. His MA Thesis, “Addressing the Neglect of Local Peacebuilding Practices through Documentaries: A Case Study of Everyday Gandhis” analyses the possibilities and challenges of using documentaries to share local perspectives of peace with a wider audience.
Editorial

The Dynamic Interdependencies of Practice and Scholarship

Journal International Journal of Conflict Engagement and Resolution, Issue 1 2016
Keywords peace research, scholar-practitioner, peacebuilding, peace education
Authors John Paul Lederach and George A. Lopez
Author's information

John Paul Lederach
John Paul Lederach is Professor of International Peacebuilding at the Kroc Institute for International Peace Studies, University of Notre Dame and Senior Fellow, Humanity United.

George A. Lopez
George A. Lopez is Hesburgh Chair of Peace Studies Emeritus at the Kroc Institute for International Peace Studies, University of Notre Dame.
Article

From Liberation Theology to (Liberationist) Peace Studies

Practice, Reflection and the Generation of Scholarship

Journal International Journal of Conflict Engagement and Resolution, Issue 1 2016
Keywords liberation theology, theory, practice, peace studies, religion
Authors Leo Guardado
AbstractAuthor's information

    This article illustrates liberation theology’s evolution and method and argues that its approach to bridging the gap between theory and practice serves as a complement and challenge for conceptualizing the dynamic and fluid relationship between scholarship and practice in peace studies. The 1971 publication of A Theology of Liberation made Fr. Gustavo Gutiérrez one of the most influential scholars and theologians of the 20th century, but the process that led to this publication rests upon the day-to-day reflective practice of its author. Gutiérrez’ commitment to pastoral practice, especially among poor communities, raises questions about whose and what kind of knowledge is privileged in the academy, about the possibility of sustainably sourcing wisdom from local communities and about the necessity of scholars to locate themselves within the realities and among the communities they study. Given the affinity between liberation theology’s inductive method and the elicitive approach in some currents of peace studies, the article places its emphasis on the convergent contributions of Gustavo Gutiérrez and John Paul Lederach and draws information from personal conversations with both authors. As a whole, the article contributes to the bourgeoning and necessary dialogue between peace studies and theology.


Leo Guardado
Leo Guardado is a PhD student in the joint programme in Theology and Peace Studies at the University of Notre Dame. His research interests include liberation theology, human displacement and the role of church communities for building justice and peace.

    This article demonstrates how international policy frameworks provide space for iterative engagement between peacebuilding scholars and practitioners. I focus on United Nations Security Council Resolution (UNSCR) 1325, which prioritized gender mainstreaming in all stages of peacebuilding. This analysis is based on a review of documents and literature that trace the trajectory of UNSCR 1325 from a variety of perspectives, and informal field interviews with practitioners working at the nexus of gender and peacebuilding. UNSCR 1325 was the product of practitioners who felt that gender was central to peace and security in practice and supported their views with theory. The process of drafting and implementing UNSCR 1325 simultaneously legitimized practitioner projects to incorporate women in peacebuilding and narrowed their scope, prompting critique and research from scholars and scholar-practitioners. The ensuing debates reveal how international policy frameworks can provide a space for iterative and productive discourse between scholars and practitioners by reaffirming shared normative objectives and making the contributions and limitations of both theory and practice visible. Scholar-practitioners can expand the frequency, quality and impact of interactions in this space by acting as intermediaries who circulate between and bridge the worlds of scholarship, policy and practice.


Danielle Fulmer
Danielle Fulmer is a former PhD student in the joint programme in Sociology and Peace Studies at the University of Notre Dame. Her research interests include local–global collaborations to transform gender norms and the role of intermediary actors in grassroots social movements.

    Under Irish law, an employee claiming compensation for constructive dismissal bears a high burden of proof. Failure to exhaust the employer’s grievance procedure before bringing such a claim to court is generally a recipe for failure. However, a CEO who brought such a claim without first going through the grievance procedure was recently awarded record compensation of € 1.25 million.


Orla O’Leary
Orla O’Leary is a solicitor with Mason Hayes & Curran in Dublin, www.mhc.ie.
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