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Full-Text Articles in Law

Blending The Law, The Individual, And Traditional Values To Create An Effective Adr System: A Study On The Adr Processes In Rwanda And Nicaragua, Sarah Yance Sep 2014

Blending The Law, The Individual, And Traditional Values To Create An Effective Adr System: A Study On The Adr Processes In Rwanda And Nicaragua, Sarah Yance

Pepperdine Dispute Resolution Law Journal

This article offers information on the history, development and significance of the adoption and implementation of the alternative dispute resolution (ADR) techniques in Nicaragua and Rwanda. The ADR system addresses the issues of women and children suffering from domestic abuse and from the repercussions of the Rwandan Genocide and helps in rebuilding and restoring traditional values of family and community in the context of human rights.


Mediation As The Key To The Successful Transfer Of The Case Of Jean-Bosco Uwinkindi From The Jurisdiction Of The Ictr To The Republic Of Rwanda, Taylor Friedlander Feb 2014

Mediation As The Key To The Successful Transfer Of The Case Of Jean-Bosco Uwinkindi From The Jurisdiction Of The Ictr To The Republic Of Rwanda, Taylor Friedlander

Pepperdine Dispute Resolution Law Journal

The article discusses on the history of the Rwanda Genocide of 1994 and the International Criminal Tribunal for Rwanda (ICTR) and different systems of justice that should be involved in prosecuting Jean Bosco Uwinkindi, the suspect of the mass killing at the Rwanda Genocide. It also mentions that three separate processes undertaken in Uwinkindi's gacaca court hearings, including truth-telling, truth-hearing, and truth-shaping.


The Icc Prosecutor V. President Medema: Simulated Proceedings Before The International Criminal Court , Pieter H. F. Bekker, David Stoelting Apr 2012

The Icc Prosecutor V. President Medema: Simulated Proceedings Before The International Criminal Court , Pieter H. F. Bekker, David Stoelting

Pepperdine Dispute Resolution Law Journal

On July 18, 2000, as part of the Annual Meeting of the American Bar Association, an all star cast of American and English lawyers gathered in the Common Room of the Law Society of England and Wales in London to simulate oral argument before the International Criminal Court ("ICC"). The fictitious proceedings involved a head of state, President Luis Medema, charged with genocide, war crimes and crimes against humanity. The prosecutors and defense counsel engaged in lively oral argument before the Trial Chamber in the context of three critical issues: (1) jurisdiction of the ICC over citizens of non-state parties; …


Bride-Burning: The "Elephant In The Room" Is Out Of Control , Avnita Lakhani Mar 2012

Bride-Burning: The "Elephant In The Room" Is Out Of Control , Avnita Lakhani

Pepperdine Dispute Resolution Law Journal

This article is an attempt to answer the question of why the practice of bride-burning continues and propose alternative ways to not only look at the problem, but also to define workable solutions. It is only via a thorough conflict analysis of this complex issue that the world might rein in a problem that is clearly out of control in this day and age. Section II examines the origins of bride-burning, its continued practice, and societal ramifications. Section III analyzes some of the current and proposed efforts in place for banning bride-burning and punishing those who illegally engage in this …


The Gacaca Experiment: Rwanda's Restorative Dispute Resolution Response To The 1994 Genocide, Jessica Raper Mar 2012

The Gacaca Experiment: Rwanda's Restorative Dispute Resolution Response To The 1994 Genocide, Jessica Raper

Pepperdine Dispute Resolution Law Journal

Since its rise to power in July of 1994, the Rwandan government has been committed to prosecuting all those accused of genocide. To prosecute the approximately 130,000 defendants, Rwanda has adopted a program called gacaca, based on Rwanda's traditional customary dispute resolution system. The gacaca law provides a reconciliation component that allows defendants to trade confessions of past genocide crimes for indemnification, as well as a prosecution component that holds the most serious offenders accountable in a Western style prosecution in a formal court of law. One of the main goals of gacaca is to end the so-called "culture …


Who Killed The Friendly Settlement? The Decline Of Negotiated Resolutions At The European Court Of Human Rights , Gregory S. Weber Mar 2012

Who Killed The Friendly Settlement? The Decline Of Negotiated Resolutions At The European Court Of Human Rights , Gregory S. Weber

Pepperdine Dispute Resolution Law Journal

The "Friendly Settlement"--the negotiated settlement of cases at the European Court of Human Rights--is on the decline. The Friendly Settlement's decline will likely provoke mixed sentiments in the international human rights camp. Some may applaud the development, including those who believe that only judgments by the Court are likely to chastise member states sufficiently and to announce standards of conduct for other states to follow. But others may shed more than a few mournful tears. An active settlement program can help reduce the Court's huge case backlog and give complaining parties a faster, and often more generous, measure of resolution …


Paving The Road To A More Free World: Adr As Sustainable Development - A Look At Bangladesh , Amadea M. Goresh Feb 2012

Paving The Road To A More Free World: Adr As Sustainable Development - A Look At Bangladesh , Amadea M. Goresh

Pepperdine Dispute Resolution Law Journal

In this paper, I will look at the sustainable impact that Alternative Dispute Resolution (ADR) programs are having in the third world by examining one such nation in particular, the country of Bangladesh. Due to its historical problems combating poverty and corruption, Bangladesh has uniquely devised alternative, extra judicial means of resolving conflict. I will begin by looking at the current state of affairs of the country's government and judicial systems. Next, I will examine the nation's distinctive dispute resolution mechanism, known as shalish, and then discuss the pivotal role non-governmental organizations (NGOs) are playing in adapting the traditional ADR …


Negotiating And Mediating Peace In Africa , Nancy Erbe, Chinedu Bob Ezeh, Daniel Karanja, Neba Monifor, George Mubanga, Ndi Richard Tanto Feb 2012

Negotiating And Mediating Peace In Africa , Nancy Erbe, Chinedu Bob Ezeh, Daniel Karanja, Neba Monifor, George Mubanga, Ndi Richard Tanto

Pepperdine Dispute Resolution Law Journal

Last year, a law review solicited my thoughts about, in their words, pushing the envelope with social justice and negotiating peace in a world dominated by power and violence. Taking their language literally, one must ask how to effectively address contemporary obstacles to ensure that the message and, most importantly, the means of justice are truly delivered to those in need. One answer-which may seem obvious to readers but is actually much too rare in practice-is to work with, empower, and support the conflict work of the community members themselves. This article introduces the plans of five African professionals, demonstrating …


"El Agua No Se Vende: Water Is Not For Sale!" The Latin American Water Tribunal As A Model For Advancing Access To Water, Mikita A. Weaver Feb 2012

"El Agua No Se Vende: Water Is Not For Sale!" The Latin American Water Tribunal As A Model For Advancing Access To Water, Mikita A. Weaver

Pepperdine Dispute Resolution Law Journal

At the international level, water is now understood to be a basic human right. However, conflict continues to intensify surrounding indigenous people's access to water as the resource becomes scarcer. In particular, this paper will examine the struggle of indigenous people in Latin America and the creation of the Latin American Water Tribunal (LAWT) as a solution. Section II will describe the LAWT, including the formation of the tribunal, case selection, and the structure of the public hearing. Section III will discuss both how the LAWT overcomes problems with the current legal system and the success of the tribunal as …


Clouded Diamonds: Without Binding Arbitration And More Sophisticated Dispute Resolution Mechanisms, The Kimberley Process Will Ultimately Fail In Ending Conflicts Fueled By Blood Diamonds , Shannon K. Murphy Feb 2012

Clouded Diamonds: Without Binding Arbitration And More Sophisticated Dispute Resolution Mechanisms, The Kimberley Process Will Ultimately Fail In Ending Conflicts Fueled By Blood Diamonds , Shannon K. Murphy

Pepperdine Dispute Resolution Law Journal

In 2003, under an initiative of the United Nations (U.N.), various nations of the world gave life to the Kimberley Process Certification Scheme (KPCS)-a method by which consumers of all levels could know the origin of their diamonds-with the Scheme only certifying those harvested from legal, government-run mines. The Scheme's drafters believed that, if given the choice, consumers would choose to buy diamonds mined legally, with profits flowing to legitimate sources of power. However, the KPCS as it stands is voluntary and lacks the teeth needed to deter its violators. The KPCS lacks a binding arbitration agreement and needs a …