The Politics Of International Arbitration And Adjudication,
2013
University of North Carolina at Chapel Hill
The Politics Of International Arbitration And Adjudication, Stephen E. Gent
Penn State Journal of Law & International Affairs (2012 - Present)
Arbitration and adjudication have proven to be effective means of producing long-lasting settlements on contentious issues, but states are generally reluctant to use such legal forms of dispute resolution, especially in resolving issues of national security. To understand when policymakers can and should promote the use of legal mechanisms, they need to understand the political reasons behind the reluctance of states to use these forums. This essay identifies five factors that significantly influence the willingness of states to relinquish decision control and pursue arbitration or adjudication: third-party bias, salience, uncertainty, bargaining power, and armed conflict. To promote the use of …
Using The Right Tool For The Job: Mediator Leverage And Conflict Resolution,
2013
Emory College of Arts & Sciences, Emory University
Using The Right Tool For The Job: Mediator Leverage And Conflict Resolution, Kyle Beardsley
Penn State Journal of Law & International Affairs (2012 - Present)
In international dispute mediation, a one-size-fits-all view of mediation may actually inhibit effective conflict resolution. Mediators must especially tailor the level of leverage to the needs of the situation. This essay first considers existing studies that have found both potential benefits and risks of heavy-handed third-party involvement as a conflict-management strategy. It then considers a few illustrative cases to demonstrate the importance of making sure that the tools of mediation fit the context. Finally, it concludes with a discussion of how sustained post-conflict peacekeeping and peacebuilding can reduce the risks of leverage in mediation.
Intractable Syria? Insights From The Scholarly Literature On The Failure Of Mediation,
2013
University of North Texas
Intractable Syria? Insights From The Scholarly Literature On The Failure Of Mediation, J. Michael Greig
Penn State Journal of Law & International Affairs (2012 - Present)
The conflict in Syria has been ongoing since March 2011, but to date has resisted third-party diplomatic efforts. This failure of mediation is despite the fact that numerous actors in the international system have interests both in Syria and the Middle East at large. The human toll of the conflict, which has produced large numbers of civilian casualties and considerable human suffering, creates even deeper urgency for effective conflict management in Syria. In this paper, I apply insights drawn from the scholarly literature on conflict management and civil wars to the Syrian conflict to explain why mediation efforts have thus …
Who Should Be At The Table?: Veto Players And Peace Processes In Civil War,
2013
University of Maryland & Centre for the Study of Civil War at the Peace Research Institute in Oslo
Who Should Be At The Table?: Veto Players And Peace Processes In Civil War, David E. Cunningham
Penn State Journal of Law & International Affairs (2012 - Present)
Civil wars contain a set of actors that have the ability to block settlement and continue the war on their own. When they contain more “veto players,” conflicts are much longer and negotiations are more likely to break down. The rate of success of international efforts to resolve multi-party civil wars is much lower than when there is only one rebel group fighting the government. This article discusses implications for peacemakers designing responses to conflicts with multiple veto players. Negotiations in these conflicts are most likely to lead to a peace agreement that successfully ends the war if they include …
Deceptive Results: Why Mediation Appears To Fail But Actually Succeeds,
2013
School of International Affairs and Dickinson School of Law, Pennsylvania State University
Deceptive Results: Why Mediation Appears To Fail But Actually Succeeds, Scott Sigmund Gartner
Penn State Journal of Law & International Affairs (2012 - Present)
International disputes receiving third-party mediation are less likely to result in peace treaties than those negotiated bilaterally between the disputants. When belligerents do settle, mediated agreements are more likely to fail. Is mediation detrimental to conflict resolution? No. Third-party mediation represents a highly effective, but costly, means of peacemaking. Disputants recognize its costs and only employ mediation when they are unable to resolve a conflict between themselves, creating a “selection effect.” As a result, mediators are selected for the toughest cases – those least likely to end peacefully and mostly likely to result in fragile agreements. When the difficulty of …
Research On Bias In Mediation: Policy Implications,
2013
Department of Peace and Conflict Research, Uppsala University
Research On Bias In Mediation: Policy Implications, Isak Svensson
Penn State Journal of Law & International Affairs (2012 - Present)
One of the most important and disputed questions within the field of international mediation concerns the issue of bias. The question of bias cuts to the core of what mediation is and the ways in which mediators can help the parties reach peace. Focusing on research on the role of neutrality and bias in international peace diplomacy in civil wars, this article draws out the policy implications of my own empirically-based work on the role of bias in the mediation of internal armed conflicts. This article suggests that neutrality should not be part of the definition of mediators, …
The Lack Of Coordination In Diplomatic Peacemaking,
2013
Folke Bernadotte Academy
The Lack Of Coordination In Diplomatic Peacemaking, Birger Heldt
Penn State Journal of Law & International Affairs (2012 - Present)
The increased number of peacemaking actors during the past twenty years is accompanied by an increased amount of peacemaking, but also a low success rate. This article focuses on recent emerging conflicts. It finds that peacemaking is prevalent, but is often not coordinated with regard to choice of tools (mediation, arbitration, etc.), or the agenda or the issues of the talks. This lack of coordination has for many years been recognized as detrimental and may partly explain the low success rate. The article suggests that policymakers need to have a long-term strategy to address the coordination problem, part of which …
Foreword,
2013
Nitze School of Advanced International Studies, The Johns Hopkins University
Foreword, I. William Zartman
Penn State Journal of Law & International Affairs (2012 - Present)
No abstract provided.
Translating Scholarship Into Policy,
2013
School of International Affairs & Dickinson School of Law, Pennsylvania State University
Translating Scholarship Into Policy, Scott Sigmund Gartner, Amy C. Gaudion
Penn State Journal of Law & International Affairs (2012 - Present)
There is an ever widening gap between conflict resolution policy makers and scholars—a tragedy given practitioners’ dire need for new ideas to help resolve deadly conflicts and the growing knowledge researchers have to share. Research tends to swing like a pendulum between analytic and rigorous methods and accessible and relevant approaches. We reject this tradeoff. We believe that research can be simultaneously rigorous and relevant, and analytic and accessible. Given the devastating loss of life associated with armed conflict, the need for translating research results into policy prescriptions is especially strong in peacemaking. The goal of this issue of the …
Democracy, Identity And Anti-Americanism In Turkey: Implications For United States-Turkey Relations,
2013
DePauw University
Democracy, Identity And Anti-Americanism In Turkey: Implications For United States-Turkey Relations, Jeff Easterling '13
Honor Scholar Theses
No abstract provided.
The Ministry Of Economic Warfare: Anglo-American Relations 1939-1941,
2013
Liberty University
The Ministry Of Economic Warfare: Anglo-American Relations 1939-1941, Jonathan Davis
Masters Theses
An exploration of Anglo-American relations beginning in the interwar period to American involvement in World War II. This thesis explores the actions of the Ministry of Economic Warfare and how it affected Anglo-American relations before American commitment to the allied cause. It highlights the existing economic contention that existed between Great Britain and America before the conflict and acknowledges that the Britain and American alliance that is enjoyed today was not inevitable or necessarily desired by either nation. It demonstrates through the actions of the British Ministry of Economic Warfare the paradigm shift in Great Britain concerning the preservation of …
Detente Or Razryadka? The Kissinger-Dobrynin Telephone Transcripts And Relaxing American-Soviet Tensions, 1969-1977.,
2013
Claremont Graduate University
Detente Or Razryadka? The Kissinger-Dobrynin Telephone Transcripts And Relaxing American-Soviet Tensions, 1969-1977., Daniel S. Stackhouse Jr.
CGU Theses & Dissertations
This dissertation argues that through a secret backchannel, US National Security Adviser and later Secretary of State Henry Kissinger and Soviet Ambassador to the US Anatoly Dobrynin formed a relationship which provided the empathy needed to bridge many of the ideological differences between their two countries. It examines transcripts of their telephone conversations from 1969-1977 when the United States and the Soviet Union engaged in detente, or a relaxation of tensions, during the Cold War. The dissertation concludes that the Kissinger-Dobrynin backchannel serves as a case study of the effectiveness of back channels in international diplomacy.
The United States And The Congo, 1960-1965: Containment, Minerals And Strategic Location,
2013
University of Kentucky
The United States And The Congo, 1960-1965: Containment, Minerals And Strategic Location, Erik M. Davis
Theses and Dissertations--History
The Congo Crisis of the early 1960s served as a satellite conflict between the United States and the Soviet Union during the Cold War. Scholars have argued about U.S. motivations and interests involved in the Congo Crisis. The major division between scholars is between those who contend the United States acted for national security reasons and those scholars who argue the United States desired to establish a neocolonial regime to protect economic interests pertaining to vast Congolese mineral wealth. The argument of this thesis is that the United States policy in the Congo between 1960 and 1965 focused on installing …
Uncertain States: Repatriation And Citizenship In The Northeastern Adriatic, 1918-1921,
2013
Old Dominion University
Uncertain States: Repatriation And Citizenship In The Northeastern Adriatic, 1918-1921, Maura E. Hametz
History Faculty Publications
From 1918 to 1921, officials of the Italian government operating in the new Adriatic territories inherited from the Habsburg monarchy struggled to meet the needs of local populations in an atmosphere of economic dislocation, political unrest, and increasing ethnic violence. This article examines the evolution of Italian policies and practices relating to border crossings, repatriation, and citizenship in the dynamic period from Armistice to official annexation. Using archival records held in Trieste and Rome, it explores officials treatment of inhabitants of the new borderlands, migrants, and refugees in the transformation of Habsburg lands of the multi-ethnic empire to Italian provinces …
Drugi Potop: The Fall Of The Second Polish Republic,
2013
Georgia Southern University
Drugi Potop: The Fall Of The Second Polish Republic, Wesley Kent
College of Graduate Studies: Theses & Dissertations
This thesis seeks to examine the factors that resulted in the fall of the Second Polish Republic and track its downward trajectory. Examining the Second Republic, from its creation in 1918 to its loss of recognition in 1945, reveals that its demise began long before German tanks violated Poland’s frontiers on 1 September, 1939. Commencing with the competing ideas of what a Polish state would be and continuing through the political and foreign policy developments of the inter-war years, a pattern begins to emerge -that of the Poles’ search for their place in modern Europe. The lead up to the …
"Never Draw Unless You Mean To Shoot": Theodore Roosevelt's Frontier Diplomacy,
2012
Northwestern College - Orange City
"Never Draw Unless You Mean To Shoot": Theodore Roosevelt's Frontier Diplomacy, Duane G. Jundt
Faculty Publications
No abstract provided.
Foreword,
2012
Penn State University, Dickinson School of Law & School of International Affairs
Foreword, Amy C. Gaudion
Penn State Journal of Law & International Affairs (2012 - Present)
No abstract provided.
Jlia Editorial Board & Staff,
2012
Penn State Dickinson Law
Jlia Editorial Board & Staff
Penn State Journal of Law & International Affairs (2012 - Present)
No abstract provided.
To Forgive And Forget: How Reconciliation And Amnesty Legislation In Afghanistan Forgives War Criminals While Forgetting Their Victims,
2012
Penn State Dickinson Law
To Forgive And Forget: How Reconciliation And Amnesty Legislation In Afghanistan Forgives War Criminals While Forgetting Their Victims, Sara L. Carlson
Penn State Journal of Law & International Affairs (2012 - Present)
More than three decades of war and hundreds of thousands killed or brutalized by the actions of warlords and insurgent commanders vying for power comprise the backdrop of modern Afghanistan. As Afghanistan continues toward a new era, seeking democracy in a country where tribal affiliations and ethnic groups often usurp any sense of patriotism, the reconciliation of armed fighters while providing an adequate grievance process for victims of war crimes must take priority in the process adopted to unify the Islamic Republic of Afghanistan. This comment explores the current attempt by the Islamic Republic of Afghanistan to provide a system …
International Activity And Domestic Law,
2012
Penn State Dickinson Law
International Activity And Domestic Law, Adam I. Muchmore
Penn State Journal of Law & International Affairs (2012 - Present)
This essay explores the ways States use their domestic laws to regulate activities that cross national borders. Domestic-law enforcement decisions play an underappreciated role in the development of international regulatory policy, particularly in situations where the enforcing State's power to apply its law extraterritorially is not contested. Collective action problems suggest there will be an undersupply of enforcement decisions that promote global welfare and an oversupply of enforcement decisions that promote national welfare. These collective action problems may be mitigated in part by government networks and other forms of regulatory cooperation.
