Dispute Resolution and Arbitration Commons^™

Australia’S Boatpeople Policy: Regional Cooperation Or Passing The Buck?, Christopher C. White

Cultural Encounters, Conflicts, and Resolutions

The Australian government implemented a new policy in July 2013 in an attempt to more effectively address the recent spike in irregular migrants trying to reach its shores. In this paper, I examine the panic over migration in Australia concerning asylum seekers arriving by boat. The discussion is divided into two main themes. First, I look at how the Australian government is attempting to manage irregular immigration with a specific focus on the regional arrangement with Papua New Guinea. I argue that instead of mutually beneficial efforts at regional cooperation, the Australian government is merely shifting its responsibilities to a …

Intergenerational Conflicts In Iran: Myth Or Reallity?, Mohammad Hossein Panahi

Cultural Encounters, Conflicts, and Resolutions

One of the important social issues attracting the attention of social thinkers in post WWII era has been the issue of intergenerational conflict. Presented by scholars such as Karl Manheim and Margaret Mead, it was thought that in post WWII era intergenerational conflicts or gap rose to a degree that it made the communication and understanding between pre and post WWII generations very difficult. It was theorized that this unbridgeable gap between the two generations was due to grave and rapid social changes that occurred in that era, so that these two generations experienced and lived in two totally different …

Immigrants, Roma And Sinti Unveil The “National” In Italian Identity, Francesco Melfi

Cultural Encounters, Conflicts, and Resolutions

This essay picks up a few threads in the ongoing debate on national identity in Italy. Immigration and the intertwining of cultures locally have stretched the contours of the nation state to a breaking point. As a result, the social self has become a sharply contested terrain between those who want to install a symbolic electronic fence around an imagined fatherland and those who want a more inclusive nation at home in a global world. After discussing the views of Amin Maalouf (2000), Alessandro Dal Lago (2009), Abdelmalek Sayad (1999) and Patrick Manning (2005) on national identity and migration in …

More Than A Tribesman: The New African Diasporan Identity, Stephen M. Magu

Cultural Encounters, Conflicts, and Resolutions

Current global levels of immigration stand at about 300 million persons; of these, IFAD estimates that 30 million Africans are in the Diaspora. The contributions of diasporic Africans to their communities and to the cultural experiences of the United States are multimodal. To their domiciles, they contribute economically, empowering their families to become more active and less dependent on the state, while transmitting ideas about democracy and better government. At the same time, they contribute to their adopted homelands through social and cultural activities, cultural festivals and other indicators of cultural connectedness to their motherlands. The African diaspora of necessity …

Daily Border Crossings: Negotiations Of Gender, Body And Subjectivity In The Lives Of Women Workers In Urban Malls., Rachana Johri Dr., Krishna Menon Dr.

Cultural Encounters, Conflicts, and Resolutions

The last two decades have seen the emergence of not just new markets but new market spaces that provide a visual experience of products and persons that closely approximates the field set up by the global media. Malls represent the concrete representations of unabashed celebration and acknowledgment of desire. Malls are one of the spaces that shape everyday lives suggesting the rightfulness of fulfilling sexual, cultural, social and gastronomic desires. One ‘category’ of persons presumably shaped by these spaces are those who work in them. Our concern is particularly with the negotiation of body and subjectivity as women travel daily, …

Table Of Contents

Cultural Encounters, Conflicts, and Resolutions

No abstract provided.

Introduction, Antonio Medina-Rivera, Lee F. Wilberschied Ph.D.

Cultural Encounters, Conflicts, and Resolutions

This introduction precedes the initial issue of the journal Cultural Encounters, Conflicts, and Resolutions.

The Appeal Of Icsid Awards: How The Aminz Appellate Mechanism Can Guide Reform Of Icsid Procedure, Christopher Smith

Georgia Journal of International & Comparative Law

No abstract provided.

Leveraging Mining Demand For Internet And Telecommunications Infrastructure For Broad Economic Development: Models, Opportunities And Challenges, Perrine Toledano, Clara Roorda

Columbia Center on Sustainable Investment Staff Publications

The initial phase of the Leveraging Mining-Related Infrastructure Investments for Development project consisted of a worldwide survey of regulatory, commercial and operating case studies of shared use of mining-related infrastructure. This Policy Paper delivers the findings for internet and telecommunications.

Stayin’ Alive?: Bg Group, Plc V. Republic Of Argentina And The Vitality Of Host-Country Litigation Requirements In Investment Treaty Arbitration, Stephen R. Halpin Iii

Washington and Lee Law Review

No abstract provided.

Cooperative Construction In Schools In California, John Mauck Donley

Master's Theses

Cooperative Construction in Schools in California

John M. Donley

The construction industry has lost efficiency since 1964, while becoming increasingly more litigious. Schools in California can ill afford the time to allow the construction industry time to fully evolve. It may take years or decades to fully improve the efficiency of, and reduce the conflict within the construction industry.

At the same time, the construction industry has developed new processes to improve efficiency and reduce conflict. These processes are beginning to be broadly embraced by the industry. They all contain cooperative elements. Taken together they represent a new organizing principle …

Our Best Negotiators Are Humble People…, Nadja Alexander

Research Collection Yong Pung How School Of Law

In this post on the Kluwer Mediation Blog, some excerpts from the interview with one of Hong Kong’s leading police negotiators, Dr. Gilbert Wong, about his work as a crisis negotiator and his lessons for life and business are presented.

Religion, Women, And The Holy Grail Of Legal Pluralism, Shiva Falsafi

Cardozo Law Review

No abstract provided.

Arbitration Case Law Update 2014, Jill I. Gross

Elisabeth Haub School of Law Faculty Publications

This chapter identifies decisions by the U.S. Supreme Court, the Financial Industry Regulatory Authority (FINRA) and selected lower federal and state courts in the past year that interpret and apply the Federal Arbitration Act (FAA) and could have an impact on securities arbitration practice.

Promoting Impartiality Of International Commercial Arbitrators Through Chinese Criminal Law: Arbitration By "Perversion Of Law", Deng Ruiping, Duan Xiaosong

Brigham Young University International Law & Management Review

No abstract provided.

Sticky Arbitration Clauses - The Use Of Arbitration Clauses After Concepcion And Amex, Peter B. Rutledge, Christopher R. Drahozal

Vanderbilt Law Review

We present the results of the first empirical study of the extent to which businesses have switched to arbitration after AT&T Mobility LLC v. Concepcion. The Supreme Court's decision in Concepcion led commentators to predict that every business soon would use an arbitration clause, coupled with a class arbitration waiver, in their standard form contracts to avoid the risk of class actions. We examine two samples of franchise agreements: one sample in which we track changes in arbitration clauses since 1999, and a broader sample focusing on changes since 2011, immediately before Concepcion was decided. Our central finding is consistent …

What Can Mediators Learn From Crisis Negotiators?, Nadja Alexander

Research Collection Yong Pung How School Of Law

In this post on the Kluwer Mediation Blog, the key to crisis negotiating is explored.

Massachusetts Community Mediation Center Grant Program, Massachusetts Office Of Public Collaboration, University Of Massachusetts Boston

Office of Community Partnerships Posters

The CMC Grant Program was established in FY 2013 to distribute state operational funding to qualified community mediation centers serving primarily low income citizens. Mediation services are provided through trained volunteers for a wide-range of family, neighborhood and community conflicts referred through courts, public agencies, local businesses, organizations and individuals. Centers deliver training, conduct outreach and education, and actively engage community members on their boards and through local partnerships.

Youth Violence/Conflict Prevention Mini Grants, Massachusetts Office Of Public Collaboration, University Of Massachusetts Boston

Office of Community Partnerships Posters

As part of the Community Mediation Center Grant Program, the MA Office of Public Collaboration (MOPC) in FY 2014 awarded four community project grants on youth violence/conflict prevention under a Positive Youth Development (PYD) framework, which includes peer mediation and other youth-focused conflict resolution in schools, communities, and/or families. Four community mediation centers from across Massachusetts were awarded $34,000 to carry-out these projects in partnership with a municipality/municipal entity. An example is the project by Community Dispute Settlement Center (CDSC) in Cambridge, who in partnerships with the Cambridge Police Department and the Department of Human Services has so far trained …

Promoting Justice, Peace, And Understanding Through Partnerships And Dialogue, Center For Peace, Democracy, And Development, University Of Massachusetts Boston

Office of Community Partnerships Posters

The Center for Peace, Democracy and Development (CPDD) promotes conflict resolution, democracy, economic development, education building, media development, and legal and judicial reform through partnerships and training programs across the globe. We offer academic and practical expertise across the spectrum of conflict management and democratic governance. Moreover, we mentor the next generation of peace and democracy builders from the UMass Boston student body who actively participate in many of our initiatives. The Restorative Justice Mediation Project (RJUMP) is a university-based program that aims to provide restorative justice services, education and training to the Suffolk County law enforcement community, department of …