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 …
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 …
Upstream Oil And Gas Legal Frameworks: Brazil And The United States Compared,
2013
West Virginia University
Upstream Oil And Gas Legal Frameworks: Brazil And The United States Compared, Gabriela Engler Pinto
West Virginia Law Review
No abstract provided.
Why International Catch Shares Won't Save Ocean Biodiversity,
2013
University of California, Berkeley
Why International Catch Shares Won't Save Ocean Biodiversity, Holly Doremus
Michigan Journal of Environmental & Administrative Law
Skepticism about the efficacy and efficiency of regulatory approaches has produced a wave of enthusiasm for market-based strategies for dealing with environmental conflicts. In the fisheries context, the most prominent of these strategies is the use of “catch shares,” which assign specific proportions of the total allowable catch to individuals who are then free to trade them with others. Catch shares are now in wide use domestically within many nations, and there are increasing calls for implementation of internationally tradable catch shares. Based on a review of theory, empirical evidence, and two contexts in which catch shares have been proposed, …
A Decade Of Registered And Unregistered Design Rights Decisions In The Uk: What Conclusions Can We Draw For The Future Of Both Types Of Rights?,
2013
University of Nottingham, U.K.
A Decade Of Registered And Unregistered Design Rights Decisions In The Uk: What Conclusions Can We Draw For The Future Of Both Types Of Rights?, Estelle Derclaye
IP Theory
No abstract provided.
The Expansion Of Trademark Rights In Europe,
2013
BPP Law School, U.K.
The Expansion Of Trademark Rights In Europe, Irina Pak
IP Theory
No abstract provided.
Ecuador’S Decision To Grant Asylum To Julian Assange : The Manifestation Of Human Security?,
2013
Surabaya University, Indonesia
Ecuador’S Decision To Grant Asylum To Julian Assange : The Manifestation Of Human Security?, Atik Kusriyati
Indonesian Journal of International Law
Ecuador’s decision to grant asylum to Julian Assange (Australian citizen) on August 16, 2012 has caused several impacts. Julian Assange, the founder of WikiLeaks, was arrested in Britain in connection with a Swedish investigation into accusations of sexual offenses. But United States Law enforcement official said that the fact that he was in custody did not affect their deliberations about whether he might be charged in this country in connection with publication of leaked government documents. Being disappointed with the decission, the British authorities sent a written notice to the Ecuador’s Embassy in London that they would assault the Embassy …
Reassessing Apec's Role As A Trans-Regional Economic Architecture: Legal And Policy Dimensions,
2013
Singapore Management University
Reassessing Apec's Role As A Trans-Regional Economic Architecture: Legal And Policy Dimensions, Pasha L. Hsieh
Research Collection Yong Pung How School Of Law
This article examines the two-decade evolution of the Asia-Pacific Economic Cooperation (APEC) and the future prospects for Asian regionalism. It argues that while APEC retains advantages over competing regional structures, it should undergo reforms to accelerate the Bogor Goals and ensure its complementarity with the World Trade Organization (WTO). The article first analyzes the impact of stake-holding countries’ trade policies on APEC’s structure and development. By assessing APEC’s soft-law mechanism, it explores APEC’s WTO-plus contributions that reinvigorated the International Technology Agreement negotiations and improved supply chain facilitation. APEC’s goal of creating a Free Trade Area of the Asia-Pacific (FTAAP) can …
Taming The Fcpa Overreach Through An Adequate Procedures Defense,
2013
William & Mary Law School
Taming The Fcpa Overreach Through An Adequate Procedures Defense, Dieter Juedes
William & Mary Business Law Review
Currently many American corporations must pursue and develop international business relationships. For these American firms, the Foreign Corrupt Practices Act (FCPA) is the most important U.S. law governing international commerce. The FCPA prohibits firms from bribing foreign officials for the purpose of obtaining or retaining business in a foreign country. Despite its infrequent use during the last quarter of the twentieth century, Department of Justice (DOJ) and Securities and Exchange Commission (SEC) enforcement actions under the statute have exploded in the last few years. Due to this increase in enforcement and the difficulties in complying with the FCPA, the anti-bribery …
It Sure Looks Different From The Inside: Deciding International Disputes At The Wto,
2013
Member of the Appellate Body, World Trade Organization
It Sure Looks Different From The Inside: Deciding International Disputes At The Wto, Thomas R. Graham
Philip J. Shapiro Endowed International Visiting Scholar Lecture
No abstract provided.
Race And Income Disparity: An Ideology-Neutral Approach To Reconciling Capitalism And Economic Justice,
2013
University of Denver
Race And Income Disparity: An Ideology-Neutral Approach To Reconciling Capitalism And Economic Justice, Robert M. Hardaway
Sturm College of Law: Faculty Scholarship
Income and wealth disparities along racial lines in the United States constitute a continuing threat to the political and democratic stability upon which the economy and government of the United States fundamentaly depends. The quest or solutions to these economic dijpariies has thus far been frustrated by ideological battles between poliical groups and coalitions. In particular, ideological preconceptions have prevented these groups from listening to the ideas and proposals of opposing groups and working together to find real solutions to the problem of income disparities that actually work. Instead, they have created policies which, while fitting within a preconceived ideological …
Are World Trading Rules Passé?,
2013
IIT Chicago-Kent College of Law
Are World Trading Rules Passé?, Sungjoon Cho, Claire R. Kelly
All Faculty Scholarship
This Article probes previously under-explored failure of the world trading rules to keep abreast with the global marketplace. It argues that the global trading system, despite its well-documented contribution to the spectacular expansion of postwar trade, has never in fact fully moved away from the mercantilist past; its mono-linear conception of production and trading patterns; and its state centric, top-down paradigm of rule making. The inevitable anachronism precipitated by the out of date trading rules structure is seriously ill-suited to the contemporary non-territorial international business transactions defined by global supply chains. Consequently, while the trading rules officially seek to help …
Injunctive And Reverse Settlements In Competition-Blocking Litigation (With Keith N. Hylton),
2013
IIT Chicago-Kent College of Law
Injunctive And Reverse Settlements In Competition-Blocking Litigation (With Keith N. Hylton), Sungjoon Cho
All Faculty Scholarship
We distinguish standard settlements, in which the status quo is preserved, and injunctive settlements, which prohibit the defendant’s activity. The reverse settlement is a special type of injunctive settlement. We examine the divergence between private and social incentives to settle and policies that would minimize socially undesirable injunctive and reverse settlements (e.g., banning reverse settlements). The results are applied to competition-blocking litigation, such as patent infringement and antidumping.
Asia And Global Competition Law Convergence,
2013
IIT Chicago-Kent College of Law
Asia And Global Competition Law Convergence, David J. Gerber
All Faculty Scholarship
No abstract provided.
The Protection Of Foreign Direct Investments In Developing And Emerging Markets Through The Instrumentality Of Arbitration: Fair Game?,
2013
Nova Southeastern University - Shepard Broad College of Law
The Protection Of Foreign Direct Investments In Developing And Emerging Markets Through The Instrumentality Of Arbitration: Fair Game?, Florence Shu-Acquaye
Faculty Scholarship
Investment treaties have tripled in the twenty-first century with over 170 countries signing onto bilateral investment treaties (BITs). Most BITs are made between a developed and a developing country, whereby a host country promises to protect home country's foreign direct investment (FDI) in exchange for the prospect of increased capital in the future. Hence, BITs tend to reduce the expected risks to FDI in that they stabilize a host country's existing investment environment, as well as provide a substitute for weak domestic laws and institutions that are often ill-equipped to protect FDI.
