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 …
In The Middle: Creating A Middle Road Between U.S. And Eu Data Protection Policies,
2013
Pepperdine University
In The Middle: Creating A Middle Road Between U.S. And Eu Data Protection Policies, Carolyn Hoang
Journal of the National Association of Administrative Law Judiciary
The first section of this paper examines the historical differences that have led to the American approach to privacy and the European approach to privacy. The second section will examine the current U.S. model, and the third section will examine the EU model. Next, the fourth section will compare and contrast the two models. Finally, the last section will argue that the U.S. should have a regulatory agency and describe how that should look and run.
U.S. State Department International Law Internship And Employment Presentation And Discussion,
2013
U.S. State Dept. Senior Foreign Service
U.S. State Department International Law Internship And Employment Presentation And Discussion, Andrew A. Passen Famu Diplomat-In Residence
Environmental and Animal Law
The Center for International Law & Justice presents a discussion and presentation by Andrew A. Passen, a career member of the Senior Foreign Service, who is currently serving as Diplomat-in-Residence covering the southeast U.S. and is based at Florida A & M University in Tallahassee.
The Business Exemption Of § 110(5) Of The Copyright Act Violates International Treaty Obligations Under Trips: Will Congress Honor Its Commitments?,
2013
Pepperdine University
The Business Exemption Of § 110(5) Of The Copyright Act Violates International Treaty Obligations Under Trips: Will Congress Honor Its Commitments?, Charles Leininger
Journal of the National Association of Administrative Law Judiciary
No abstract provided.
In The Interests Of Justice: Human Rights And The Right To Counsel In Civil Cases,
2013
Touro University Jacob D. Fuchsberg Law Center
In The Interests Of Justice: Human Rights And The Right To Counsel In Civil Cases, Martha F. Davis
Touro Law Review
This report examines the international human rights treaties binding on the United States as well as other non-binding international human rights documents to ascertain the status of the right to counsel in civil cases, the so-called "Civil Gideon" right. The United Nations treaty monitoring bodies responsible for the International Covenant on Civil and Political Rights and the Convention on the Elimination of All Forms of Racial Discrimination have both indicated that legal assistance may be required to ensure fairness in civil cases. The Charter of the Organization of American States, to which the United States is a party, goes farther …
International Center For Law And Religion Studies,
2013
Brigham Young University
International Center For Law And Religion Studies, Cole Durham
Journal of Undergraduate Research
Last year, Professor Cole Durham received a grant in the amount of $20,000 to help offset the cost of mentoring and training selected law students following their first year of law school. These funds were received and accounted for by the International Center for Law and Religion Studies at BYU (the “Center”) of which Professor Durham is the Director. This grant was to assist law students who perform the following functions:
A Survivor's Testimony: Closing Remarks To The Conference On Implementing Truth And Reconciliation: Comparative Lessons For Korea,
2013
University at Buffalo School of Law
A Survivor's Testimony: Closing Remarks To The Conference On Implementing Truth And Reconciliation: Comparative Lessons For Korea, Theresa Chun
Buffalo Human Rights Law Review
No abstract provided.
Final Recommendations Of The Truth And Reconciliation Commission, Republic Of Korea,
2013
University at Buffalo School of Law
Final Recommendations Of The Truth And Reconciliation Commission, Republic Of Korea, Truth And Reconciliation Commission, Republic Of Korea, Mark A. Nathan, Eon Joo Park
Buffalo Human Rights Law Review
No abstract provided.
A Proposal For Addressing Violations Of Indigenous Peoples' Environmental And Human-Rights In The Inter-American Human Rights System,
2013
Florida A&M University College of Law
A Proposal For Addressing Violations Of Indigenous Peoples' Environmental And Human-Rights In The Inter-American Human Rights System, Natalia Gove
Student Works
International concerns in the areas of human rights, health, and environment have expanded considerably in the past several decades. International environmental law primarily focuses on environmental damage, rather than its impact on human beings. The focus of environmental treaties is primarily on constraining environmentally deleterious behavior, rather than preventing injuries to people. Part I of this paper will discuss the significance of environmental protection for indigenous peoples. Part II will analyze the linkage between environmental and human rights, as well as the lack of a direct enforcement mechanism for redressing violations of environmental rights. It will also describe the existing …
Online Certificate Program For International Commercial Law And International Alternative Dispute Resolution,
2013
Law School, Pace University
Online Certificate Program For International Commercial Law And International Alternative Dispute Resolution, Vikki Rogers
Cornerstone 3 Reports : Interdisciplinary Informatics
No abstract provided.
Trial And Error In Transitional Justice: Learning From South Korea's Truth Commissions,
2013
Griffith University
Trial And Error In Transitional Justice: Learning From South Korea's Truth Commissions, Hun Joon Kim
Buffalo Human Rights Law Review
No abstract provided.
Negotiating Reparation Rights: The Participatory And Symbolic Quotients,
2013
University of Connecticut
Negotiating Reparation Rights: The Participatory And Symbolic Quotients, Lisa J. Laplante
Buffalo Human Rights Law Review
No abstract provided.
Lessons Form The Cambodian Experience With Truth And Reconciliation,
2013
Gerald R. Ford School of Public Policy
Lessons Form The Cambodian Experience With Truth And Reconciliation, John D. Ciorciari, Jaya Ramji-Nogales
Buffalo Human Rights Law Review
No abstract provided.
Fairness In Transitional Justice Initiatives: The Case Of South Korea,
2013
William S. Richardson School of Law, University of Hawai'I at Manoa
Fairness In Transitional Justice Initiatives: The Case Of South Korea, Tae-Ung Baik
Buffalo Human Rights Law Review
No abstract provided.
Symbolic Reparations And Reconciliation: Lessons From South Africa,
2013
International Coalition of Sites of Conscience
Symbolic Reparations And Reconciliation: Lessons From South Africa, Ereshnee Naidu
Buffalo Human Rights Law Review
No abstract provided.
Korea's Truth And Reconciliation Commission: An Overview And Assessment,
2013
Sungkonghoe University
Korea's Truth And Reconciliation Commission: An Overview And Assessment, Kim Dong-Choon
Buffalo Human Rights Law Review
No abstract provided.
