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Environmental Mediation by Catherine Choquette,Véronique Fraser Pdf
Environmental mediation continues to develop and evolve in different jurisdictions across the world in order to prevent potential environmental conflicts or to resolve the conflicts while avoiding the inherent drawbacks of an adjudicated solution. This book takes a comparative approach to explore the legal framework of environmental mediation with a focus on the judicial, administrative and private procedures and the criteria for accrediting mediators in a range of jurisdictions across the world. It also examines practical considerations for environmental mediators while analysing the effectiveness of different mediation processes.
Mediation in International Relations by J. Bercovitch,J. Rubin Pdf
This collection of articles examines mediation in a range of situations including international relations, informal mediation by private individuals and by scholars and practitioners, as well as the superpowers as mediators.
Mediation in International Commercial and Investment Disputes by Catharine Titi,Katia Fach Gomez Pdf
Until now, the resolution of international commercial and investment disputes has been dominated almost exclusively by international arbitration. But that is changing. Whilst they may be complementary mechanisms, international mediation and conciliation are now coming to the fore. Mediation rules that were in disuse gather momentum, and dispute settlement centres are introducing new mediation rules. The European Union is encouraging international mediation in both the commercial and investment spheres. The 2019 Singapore Mediation Convention of the United Nations Commission on International Trade Law (UNCITRAL) is aiming to ensure enforcement of international commercial settlement agreements resulting from mediation. The first investor-State disputes are mediated under the International Bar Association (IBA) rules. The International Centre for Settlement of Investment Disputes (ICSID)'s conciliation mechanism is resorted to more often than in the past. The International Chamber of Commerce (ICC) has recently administered its first mediation case based on a bilateral investment treaty, and a new training market on mediation is flourishing. Mediation in Commercial and Investment Disputes brings together a line-up of outstanding, highly-qualified experts from academia, mediation and arbitration institutions, and international legal practice, to address this highly topical, complex subject from a variety of angles.
International Mediation in Civil Wars by Timothy D Sisk Pdf
This book evaluates the role of international mediators in bringing civil wars to an end and makes the case for ‘powerful peacemaking’ – using incentives and sanctions – to leverage parties into peace. As internal violence within countries is a hugely significant threat to international peace in the post-Cold War era, the question of how these wars end has become an urgent research and policy question. This volume explores a critical aspect of peacemaking that has yet to be sufficiently evaluated: the turbulent period beyond the onset of formal or open negotiations to end civil wars and the clinching of an initially sustainable negotiated settlement. The book argues that the transnational flow of weapons, resources, and ideas means that when civil wars today end, they are more likely to do so at the negotiating table than on the battlefield. It uses bargaining theory to develop an analytical framework to evaluate peace processes – moving from stalemate in wars to negotiated settlement – and it rigorously analyses the experiences of five cases of negotiated transitions from war and the role of international mediators: South Africa, Liberia, Burundi, Kashmir, and Sri Lanka.
Author : Nadja Marie Alexander Publisher : Kluwer Law International B.V. Page : 538 pages File Size : 54,6 Mb Release : 2009-01-01 Category : Law ISBN : 9789041132246
International and Comparative Mediation by Nadja Marie Alexander Pdf
"In a world where the borders of the global community are fluid, and where disputants manifest increasingly diverse attributes and needs, mediation ? for decades hovering at the edge of dispute resolution practice ? is now emerging as the preferred approach, both in its own right and as an adjunct to arbitration. Mediation processes are sufficiently flexible to accommodate a range of stakeholders (not all of whom might have legal standing) in ways the formality of arbitration and litigation would not normally allow. Among mediation?s many advantages are time and cost efficiencies, sensitivity to cultural differences, and assured privacy and confidentiality. This book meets the practice needs of lawyers confronted with cross-border disputes now arising far beyond the traditional areas of international commerce, such as consumer disputes, inter-family conflicts, and disagreements over Internet-based transactions. The author takes full account of mediation?s risks and limitations, primarily its lack of finality and uncertainty in relation to enforceability issues which will persist until the advent of appropriate international regulation."--Publisher's website.
Author : Paul F. Diehl,J. Michael Greig Publisher : John Wiley & Sons Page : 259 pages File Size : 40,8 Mb Release : 2013-08-27 Category : Political Science ISBN : 9780745661445
International Mediation by Paul F. Diehl,J. Michael Greig Pdf
Conflicts in the international system, both among and within states, bring death, destruction, and human misery. Understanding how third parties use mediation to encourage settlements and establish a durable peace among belligerents is vital for managing these conflicts. Among many features, this book empirically examines the history of post-World War II mediation efforts to: Chart the historical changes in the types of conflicts that mediation addresses and the links between different mediation efforts across time. Explore the roles played by providers of mediation in the international system - namely, individuals, states, and organizations - in managing violent conflicts. Gauge the influence of self-interest and altruism as motivating forces that determine which conflicts are mediated and which are ignored. Evaluate what we know about the willingness of parties in conflict to accept mediation, when and why it is most effective, and discuss the future challenges facing mediators in the contemporary world. Drawing on a wide range of examples from the Oslo Accords and Good Friday Agreement to efforts to manage the civil wars in Burundi, Tajikistan, and Bosnia, this book is an indispensable guide to international mediation for students, practitioners, and general readers seeking to understand better how third parties can use mediation to deal with the globe’s trouble spots.
International Commercial Mediation by Cyril Chern Pdf
International Commercial Mediation is a practical guidebook that explains how to handle and complete a mediation, as well as how to personally market the skills developed as a mediator. The book provides examples, supplies forms, and explains procedures of actual working mediations which can be used to adapt to individual needs. It also deals with advanced practitioner issues and the emerging law on international mediation.
Resolving International Conflicts by Jacob Bercovitch Pdf
Mediation is one of the most important methods of settling conflicts in the post-Cold War world. This text represents the most recent trends in the process and practice of international mediation.
In the contemporary discipline of conflict resolution, adjudication and alternative dispute resolution (ADR) are often seen as antagonistic trends. This important book contends that, on the contrary, it is the bringing together of these trends that holds the most promise for an effective system of international justice. With great insight and passion, built firmly on a vast knowledge of the field, Lars Kirchhoff exposes the contemporary structural barriers to effective conflict resolution, defining where adjudication ends and ADR—and particularly the recent development of mediated third party intervention from an ‘art’ to a veritable ‘science’—must come into play. The work starts by defining the challenges, potentials and shortcomings of different approaches to conflict resolution in an interdependent world—where the multiplicity of actors, topics and interests involved even in seemingly bilateral conflict situations is clearly manifest—and goes on to define useful models and connect the various elements relevant for the resolution of conflicts in a transparent way. In the course of its investigation the book accomplishes the following: • illustrates the various departure points and perspectives scholars of conflict resolution have taken as the basis for their work; discusses who should become involved in conflicts as a third party and by which techniques this should occur; systematically conveys the nature and consequences of intervention through mediation, focusing on the method’s critical challenges; and clarifies the particular model of international mediation under development through UN initiatives. In approaching these intertwined topics, the author draws concrete conclusions for the realms of international law and related disciplines as well as for the organizational context of the United Nations. He explores such diverse scenarios as conflicts between States, conflicts involving international organizations, and—in accordance with the changing parameters of international law—even conflicts involving individuals, clarifying which constellations can be tackled by international mediation and which conflicts should be dealt with by other forms of diplomacy or adjudication. It is the conviction of many intermediaries and scholars that the considerable potential inherent in resolving conflicts peacefully is rarely put into practice. Although some of the reasons for this phenomenon are beyond the influence of scholarly debate, in many instances the reasons for failure of peaceful resolution processes are more structural or systemic in nature. It is the great virtue of this book that it establishes enough clarity in an unclear and complex field to make concrete and workable recommendations in these instances, and for that reason it will be of immeasurable value and benefit to all scholars, policymakers, and activists dedicated to the pursuit of peace.
New Approaches to International Mediation by C Mitchell,Keith Webb,K. Webb Pdf
This collection of twelve essays examines the use of mediation in intranational as well as international disputes so that parallels and similarities between various approaches could be emphasized and the whole approach viewed as a universal means of managing human conflict. Initial chapters treat mediation as a concept, beginning with an analysis by editors Mitchell and Webb entitled Mediation in International Relations: An Evolving Tradition. Other contributors examine the Falklands/Malvinas conflict, outline lessons from the South Tyrol on third-party mediation in national minority disputes, and analyze mediation attempts by the World Council of Churches in the Sudan Civil War. South African initiatives and the use of hypergames as an aid to mediation are also discussed. A concluding essay on Paradigms, Movements, and Shifts as indicators of social invention concludes the volume. The editors' introduction attempts to link the various topics and to place each contribution within the overall approach and philosophy of the book. Innovations are characterized into three types: innovation in the applications of mediatory processes, innovation of technique with the development of new forms of mediation, and innovation of practitioner, with new organizations and individuals acting as intermediaries. The interdisciplinary approach of this work and the efforts of its editors to provide a broad analytical framework for the study of mediation will make this volume useful for political science and history courses. It will also serve as a useful guide to policymakers and diplomats.
The Multiple Realities of International Mediation by Marieke Kleiboer Pdf
Recent experiences have demonstrated once again the complexities of brokering an end to deep-rooted ethnic and international conflicts, as well as the difficulties of evaluating the outcomes of third-party interventions. Addressing these issues, this book offers a sophisticated approach to assessing mediation efforts and to reconstructing and interpreting mediation processes.
Transnational Mediations by Christof Decker,Astrid Böger Pdf
In the 20th and 21st centuries, American media have been continually received, adapted, and transformed by European cultures. Initially based on the competition among the early film industries and continuing with today's global dominance of American web-based companies, these productive exchanges entail complex economic, aesthetic, and cultural negotiations. The dynamic and scope of these negotiations has been ambiguous, ranging from instances of cultural imperialism to the subversion of social and cultural hierarchies. More often than not, they have furthered the exchange of creative ideas and the cross-fertilization of media and art productions. This publication highlights core arenas of transnational cultural encounters including photography, film, fashion, advertising, television, and the new media. It asks not merely how American media productions were received in different European cultural contexts but how they shaped the idea of distinct yet interconnected European identities.
International Mediation in a Fragile World by David Carment,Evan Hoffman Pdf
Contributions to this volume consider the importance of mediation in violent conflict. Practical and applied, this publication will be of interest to scholars, academics, policymakers and practitioners. It was originally published as a special issue of Canadian Foreign Policy Journal.
International Conflict Mediation by Jacob Bercovitch,Scott Sigmund Gartner Pdf
This book examines how new empirical approaches to mediation can shed fresh light on the effectiveness of different patterns of conflict management, and offers guidelines on the process of international mediation. International conflict mediation has become one of, if not the most prominent and important conflict resolution methods of the early 21st century. This book argues that traditional approaches to mediation have been inadequate, and that in order to really understand how the process of international mediation works, studies need to operate within an explicit theoretical framework, adopt systematic empirical approaches and use a diversity of methods to identify critical interactions, contexts and relationships. This volume captures recent important changes in the field of international conflict mediation, and includes essays by leading scholars on a variety of critical aspects of conflict management, using state of the art analytical tools and up to date data. This book will of great interest to scholars of peace and conflict studies, methods in social science, and of International Relations in general.
Research Handbook on Mediating International Crises by Jonathan Wilkenfeld,Kyle Beardsley,David Quinn Pdf
Current conceptions of mediation can often fail to capture the complexity and intricacy of modern conflicts. This Research Handbook addresses this problem by presenting the leading expert opinions on international mediation, examining how international mediation practices, mechanisms and institutions should adapt to the changing characteristics of contemporary international crises.
