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Full-Text Articles in Rule of Law
Civil Appeals Mediation Program 2023 Mediation Colloquy "Thinking 101" And Mediation
Civil Appeals Mediation Program 2023 Mediation Colloquy "Thinking 101" And Mediation
Cardozo Journal of Conflict Resolution
No abstract provided.
How To Undermine A Nation-State In 120 Days: Mediation And Negotiation In A Hybrid Warfare World, Christopher A. Corpora
How To Undermine A Nation-State In 120 Days: Mediation And Negotiation In A Hybrid Warfare World, Christopher A. Corpora
Cardozo Journal of Conflict Resolution
The original and admittedly provocative title for this essay was "How to Take Down a State in 120 days" and the original November 2022, 20-minute presentation at Cardozo Law School was so titled. The intention behind the provocations was to demonstrate the speed of growing investment in and multi-disciplinary nature of the current hybrid war threat. We have not yet witnessed many state takedowns through this form of warfare; but we have seen states significantly undermined and captured in timelines almost as aggressive as the title suggests. We have seen authoritarian states and criminal organizations significantly weaken more vulnerable states, …
Where Is Negotiation In Hybrid Warfare?, Art Hinshaw, Adrian Borbely, Calvin Chrustie
Where Is Negotiation In Hybrid Warfare?, Art Hinshaw, Adrian Borbely, Calvin Chrustie
Cardozo Journal of Conflict Resolution
The question of what negotiation has to do with hybrid warfare was the starting point for Project Seshat, a project gathering a global group of academics and practitioners from many walks of life. Their shared interest is in exploring what the fields that fit generally within the concepts of "security" and "dispute resolution" have to offer each other in the context of hybrid warfare grey zone conflict, and how these two "sets" of fields interconnect. In trying to better understand what hybrid warfare is, how it works, and how best to respond to it, negotiation and dispute resolution academics have …
A Theory Of Interests In The Context Of Hybrid Warfare: It's Complex, Cynthia Alkon, Sanda Kaufman
A Theory Of Interests In The Context Of Hybrid Warfare: It's Complex, Cynthia Alkon, Sanda Kaufman
Cardozo Journal of Conflict Resolution
In the 2020 British TV series The Undeclared War, the Russians launch a series of attacks against the United Kingdom that destabilize key sectors in the UK and (spoiler alert) almost end in a full-scale conventional war. In this fictionalized account, the UK only considers fighting back against cyber warfare with cyber warfare. There is no negotiation. Despite knowing who is responsible for these attacks (the Russian government), negotiation is never even considered.
Introduction: Negotiation Strategies For War By Other Means, Chris Honeyman, Andrea Kupfer Schneider
Introduction: Negotiation Strategies For War By Other Means, Chris Honeyman, Andrea Kupfer Schneider
Cardozo Journal of Conflict Resolution
We are delighted to introduce the topic of hybrid warfare into the dispute resolution field, with the first symposium for a law audience focused on how hybrid warfare might be more effectively understood, and defended against, through negotiation theories. In the last three-plus years we, along with three colleagues, have enlisted a number of additional colleagues from a variety of fields in a very unusual project-how to engage with a type of conflict often called grey zone conflict (by some people) or hybrid warfare (by others). Our conflict management experts have come from a wide array of disciplines, as well …
Negotiation Theories Engage Hybrid Warfare, Nancy A. Welsh, Sharon Press, Andrea Kupfer Schneider
Negotiation Theories Engage Hybrid Warfare, Nancy A. Welsh, Sharon Press, Andrea Kupfer Schneider
Cardozo Journal of Conflict Resolution
When Calvin Chrustie and Chris Honeyman first approached the authors of this Article regarding the potential application of negotiation scholars' expertise to the problem of hybrid warfare, our first reaction was confusion. First, what exactly was hybrid warfare? Second, since "war" was in its name, what did our field have to say that could even potentially be useful? This Article, in some sense, is designed to begin to respond to those questions and, hopefully, to encourage other scholars in our field to weigh in with their contributions and criticisms. This Article represents only a start.
The Muslim/Arab Sulha And The Restorative Justice Model Same Purpose, Different Approach, Doron Pely, Golan Luzon
The Muslim/Arab Sulha And The Restorative Justice Model Same Purpose, Different Approach, Doron Pely, Golan Luzon
Cardozo Journal of Conflict Resolution
This Article establishes sulha, the traditional Arab and Islamic dispute resolution practice, as a restorative justice ("RJ") mechanism. The Article compares sulah with western RJ: both practices strive for the same goal, repairing damaged relations, highlights the conceptual and functional similarities, including support for victims, and the importance of perpetrator responsibility. The Article introduces the concept of reintegrative honoring theory ("RHT")-a novel concept that describes the reliance of sulha relies on restoration of victims' sense of honor. Finally, the Article compares RHT with western reintegrative shaming theory ("RST").
Regional International Criminal Courts: An Idea Whose Time Has Come?, Firew Kebede Tiba
Regional International Criminal Courts: An Idea Whose Time Has Come?, Firew Kebede Tiba
Cardozo Journal of Conflict Resolution
Regionalism in international relations is a fact of life. Regional judicial implementation of international norms is relatively common in the fields of international human rights, international investment, and trade laws. There are attempts to break ground in the realm of international criminal law by creating a regional international criminal court, such as the proposed addition of the criminal jurisdiction to the African Court of Justice and Human Rights. Although there was momentum in creating a universal permanent international criminal court, the enthusiasm for the tribunal's exercise of jurisdiction has not continued. The International Criminal Court ("ICC") will remain short of …
The Legitimacy Crisis And The Future Of Courts, Orna Rabinovich-Einy
The Legitimacy Crisis And The Future Of Courts, Orna Rabinovich-Einy
Cardozo Journal of Conflict Resolution
There is an overall legitimacy crisis in courts. The sources of this crisis have, to a large extent, been misconstrued. While there has been significant writing depicting the diminished quality, effectiveness, and fairness of courts, these phenomena have, for the most part, been viewed as distinct problems that warrant discrete solutions. This article shows that these problems are all manifestations of an overall legitimacy crisis that stems from the blurring of the originally stark distinctions between courts and alternatives. Traditionally, formal and informal dispute resolution processes had their own sources of legitimacy, each grounded in their respective distinctive (often opposing) …
Understanding Indigenous Dispute Resolution Processes And Western Alternative Dispute Resolution: Cultivating Culturally Appropriate Methods In Lieu Of Litigation, Carlo Osi
Cardozo Journal of Conflict Resolution
This article specifically focuses on Indigenous Dispute Resolution, Western-inspired ADR mechanisms, and Indigenized Western ADR as culturally appropriate methods to resolve disputes in lieu of litigation. This article will also focus on how these processes are able to help solve intellectual property rights disputes involving Indigenous communities. Generally, this article will describe how successful all three modes of dispute resolution have been in Indigenous conflict resolution, in the quest for benefit-sharing agreements, and the potential for their use in other controversies. This article proposes the adoption of an Indigenized Western ADR approach on issues surrounding intellectual property rights regimes.
Restorative Justice As Internalization Of The Rule Of Law: Combining Restoration With Retribution In The Film Festen, Michal Alberstein
Restorative Justice As Internalization Of The Rule Of Law: Combining Restoration With Retribution In The Film Festen, Michal Alberstein
Cardozo Journal of Conflict Resolution
In this paper, I will use a film analysis to explore the potential of restorative justice processes as a more comprehensive, mature approach to the phenomenon of crime. By following the microlevel transformations within the family trial/victim-offender mediation in the film, I will try to develop a notion of law that incorporates the retributive elements into a broader framework of restoration and amendment. I will use cultural analysis as a foundation for the theoretical argument and also offer an "appropriate justice," inter-cultural formula for addressing crime in a comprehensive manner.
Strategies For Implementing And Enforcing Peace Agreements: Lessons Learned, Mark L. Schneider
Strategies For Implementing And Enforcing Peace Agreements: Lessons Learned, Mark L. Schneider
Cardozo Journal of Conflict Resolution
In the aftermath of the Cold War, there was a general belief that the demise of the major ideological drivers of conflict between East and West would bring about a major reduction in armed conflict. Then, all were stunned by the appearance of seemingly endless ethnic, religious and resource-driven civil conflicts in the 1990s, particularly the horrors of genocide in Rwanda, Srbrenica and Kosovo and the recurring and devastating conflicts in Central and West Africa. In this first decade of the 21st century, conflicts raged in the Congo and Northern Uganda, and massive atrocities have been documented in Darfur. We …