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Author: Paul F. Diehl
Publisher: John Wiley & Sons
ISBN: 0745661440
Category : Political Science
Languages : en
Pages : 259
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Book Description
Conflicts in the international system, both among and within states, bring death, destruction, and human misery. Understanding how third parties use mediation to encourage settlements and establish a durable peace among belligerents is vital for managing these conflicts. Among many features, this book empirically examines the history of post-World War II mediation efforts to: Chart the historical changes in the types of conflicts that mediation addresses and the links between different mediation efforts across time. Explore the roles played by providers of mediation in the international system - namely, individuals, states, and organizations - in managing violent conflicts. Gauge the influence of self-interest and altruism as motivating forces that determine which conflicts are mediated and which are ignored. Evaluate what we know about the willingness of parties in conflict to accept mediation, when and why it is most effective, and discuss the future challenges facing mediators in the contemporary world. Drawing on a wide range of examples from the Oslo Accords and Good Friday Agreement to efforts to manage the civil wars in Burundi, Tajikistan, and Bosnia, this book is an indispensable guide to international mediation for students, practitioners, and general readers seeking to understand better how third parties can use mediation to deal with the globe’s trouble spots.
Author: Paul F. Diehl
Publisher: John Wiley & Sons
ISBN: 0745661440
Category : Political Science
Languages : en
Pages : 259
Get Book Here
Book Description
Conflicts in the international system, both among and within states, bring death, destruction, and human misery. Understanding how third parties use mediation to encourage settlements and establish a durable peace among belligerents is vital for managing these conflicts. Among many features, this book empirically examines the history of post-World War II mediation efforts to: Chart the historical changes in the types of conflicts that mediation addresses and the links between different mediation efforts across time. Explore the roles played by providers of mediation in the international system - namely, individuals, states, and organizations - in managing violent conflicts. Gauge the influence of self-interest and altruism as motivating forces that determine which conflicts are mediated and which are ignored. Evaluate what we know about the willingness of parties in conflict to accept mediation, when and why it is most effective, and discuss the future challenges facing mediators in the contemporary world. Drawing on a wide range of examples from the Oslo Accords and Good Friday Agreement to efforts to manage the civil wars in Burundi, Tajikistan, and Bosnia, this book is an indispensable guide to international mediation for students, practitioners, and general readers seeking to understand better how third parties can use mediation to deal with the globe’s trouble spots.
Author: Michael McIlwrath
Publisher: Kluwer Law International B.V.
ISBN: 9041126104
Category : Law
Languages : en
Pages : 530
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Book Description
This book is intended as an easily accessible desktop resource for lawyers who regularly counsel businesses when negotiating international deals, and for those who represent the same clients in achieving a successful resolution when disputes emerge. The text is divided into chapters that follow the life cycle of an international commercial dispute as seen through the eyes of the parties, from when they agree how to resolve disputes in their contracts to the endgame of enforcement. Additionally, the appendices include a number of model submissions for further reference.--Provided by publisher.
Author: J. Bercovitch
Publisher: Springer
ISBN: 0230374697
Category : Political Science
Languages : en
Pages : 302
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Book Description
This collection of articles examines mediation in a range of situations including international relations, informal mediation by private individuals and by scholars and practitioners, as well as the superpowers as mediators.
Author: Karl Härter
Publisher: Berghahn Books
ISBN: 178920870X
Category : Business & Economics
Languages : en
Pages : 238
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Book Description
Exploring mediation and related practices of conflict regulation, this book takes an interdisciplinary approach that includes historical, legal, anthropological and international perspectives. Divided into three sections, the volume observes historical and current relations between mediation and the criminal justice system and provides anthropological perspectives and case studies to explore mediation and arbitration in international arenas. In this regard, the book provides an innovative perspective on mediation and new insights into conflict regulation.
Author: Jennifer McCoy
Publisher: US Institute of Peace Press
ISBN: 1601270682
Category : History
Languages : en
Pages : 322
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Book Description
International Mediation in Venezuela analyzes the effort of the Carter Center and the broader international community to prevent violent conflict, to reconcile a deeply divided society, and to preserve democratic processes. From their perspective as facilitators of the intervention and as representatives of the Carter Center, Jennifer McCoy and Francisco Diez present an insider account of mediation at the national and international level.
Author: Sinisa Vukovic
Publisher: Routledge
ISBN: 1317610725
Category : Political Science
Languages : en
Pages : 237
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Book Description
This volume aims to provide a detailed explanation of the effects of cooperation and coordination on international multiparty mediation in conflicts. Contemporary scholarship stresses that the crucial ingredients for a successful multiparty mediation are ‘consistency in interests’ and ‘cooperation and coordination’ between mediators. This book seeks to supplement that understanding by investigating how much the ‘consistency of interests’ and ‘cooperation and coordination’ affect the overall process, and what happens to the mediation process when mediating parties do not share the same idea and interest in finding a common solution. At the same time, it explores the obstacles in achieving coordination and coherence between various mediators in such an environment and how to surmount the problems that multiple mediators face when operating without a ‘common script’ in attempting to mediate a negotiated settlement. The study investigates three distinct mechanisms (both on the systemic and contextual level) that have the potential to deter defection from a (potential) member of the multiparty mediation coalition: geo-political shifts, changes in the conflict dynamics, and mediators’ ability to bargain for a cooperative relationship. As the number of states and international actors that are involved in mediation increases, a careful assessment is necessary not only of their relative institutional strengths and weaknesses, but also of how to promote complementary efforts and how to synchronize the whole process when one actor is transferring the responsibilities for mediation to others. This book will be of much interest to students of mediation, conflict management, war and conflict studies, security studies and IR. The Open Access version of this book, available at https://www.routledge.com/International-Multiparty-Mediation-and-Conflict-Management-Challenges-of/Vukovic/p/book/9781138087897, has been made available under a Creative Commons Attribution-Non Commercial-No Derivatives 4.0 license
Author: Chester A. Crocker
Publisher: Routledge
ISBN: 135178501X
Category : Political Science
Languages : en
Pages : 326
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Book Description
This collection of essays situates the study and practice of international mediation and peaceful settlement of disputes within a changing global context. The book is organized around issues of concern to practitioners, including the broader regional, global, and institutional context of mediation and how this broader environment shapes the opportunities and prospects for successful mediation. A major theme is complexity, and how the complex contemporary context presents serious challenges to mediation. This environment describes a world where great-power rivalries and politics are coming back into play, and international and regional organizations are playing different roles and facing different kinds of constraints in the peaceful settlement of disputes. The first section discusses the changing international environment for conflict management and reflects on some of the challenges that this changing environment raises for addressing conflict. Part II focuses on the consequences of bringing new actors into third-party engagement and examines what may be harbingers for how we will attempt to resolve conflict in the future. The third section turns to the world of practice, and discusses mediation statecraft and how to employ it in this current international environment. The volume aims to situate the practice and study of mediation within this wider social and political context to better understand the opportunities and constraints of mediation in today’s world. The value of the book lies in its focus on complex and serious issues that challenge both mediators and scholars. This volume will be of much interest to students, practitioners, and policymakers in the area of international negotiation, mediation, conflict resolution and international relations.
Author: Roger Richman
Publisher: Routledge
ISBN: 0429711670
Category : Political Science
Languages : en
Pages : 249
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Book Description
Disputes between government bodies are usually settled through either political bargaining or litigation, but a third method has been successfully utilized in Virginia. Since 1980, a number of municipal annexation disputes have been settled using formal mediation as a tool. The authors draw on their experiences in mediation and local government to
Author: Shahla Ali
Publisher: Kluwer Law International B.V.
ISBN: 940352863X
Category : Law
Languages : en
Pages : 313
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Book Description
International Arbitration Law Library Volume 59 The eastward shift in international dispute resolution has already involved initiatives not only to improve support for international commercial arbitration (ICA) and investor-state dispute settlement (ISDS) but also to develop alternatives such as international commercial courts and mediation. Focusing on these initiatives and their accompanying case law and trends in the Asia-Pacific region, this invaluable book challenges existing procedures and frameworks for cross-border dispute resolution in both commercial and treaty arbitration. Specially assembled for this project, an outstanding team of experienced and insightful arbitrators and scholars describes pertinent developments including: ICA and ISDS in the context of China’s Belt and Road Initiative; the Singapore Convention on Mediation; the shift to virtual hearings and other challenges from the COVID-19 pandemic; mistrust of the application of the rule of law in certain East Asian jurisdictions; growing public concern over ISDS arbitration; tensions between confidentiality and transparency; and potential regional harmonisation of the public policy exception to arbitral enforcement. The contributors chart evolving practices and high-profile cases to make informed observations about where changes are needed, as well as educated guesses about the chances of reforms being successful and the consequences if they are not. The main jurisdictions covered are China, Hong Kong, Japan, Malaysia, India, Australia and Singapore. The first in-depth study of recent trends in dispute resolution practice related to business in the Asia-Pacific region, the book’s practical analysis of new resources for dealing with the increasing competition among countries to become credible regional dispute resolution hubs will prove to be of great value to specialists in the international business law sector. Lawyers will be enabled to make informed decisions on which venue and dispute resolution methods are the most suitable for any specific dispute in the region, and policymakers will confidently assess emerging trends in international dispute resolution policy development and treaty-making.
Author: Catharine Titi
Publisher: Oxford University Press, USA
ISBN: 0198827954
Category : Law
Languages : en
Pages : 417
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Book Description
Until now, the resolution of international commercial and investment disputes has been dominated almost exclusively by international arbitration. But that is changing. Whilst they may be complementary mechanisms, international mediation and conciliation are now coming to the fore. Mediation rules that were in disuse gather momentum, and dispute settlement centres are introducing new mediation rules. The European Union is encouraging international mediation in both the commercial and investment spheres. The 2019 Singapore Mediation Convention of the United Nations Commission on International Trade Law (UNCITRAL) is aiming to ensure enforcement of international commercial settlement agreements resulting from mediation. The first investor-State disputes are mediated under the International Bar Association (IBA) rules. The International Centre for Settlement of Investment Disputes (ICSID)'s conciliation mechanism is resorted to more often than in the past. The International Chamber of Commerce (ICC) has recently administered its first mediation case based on a bilateral investment treaty, and a new training market on mediation is flourishing. Mediation in Commercial and Investment Disputes brings together a line-up of outstanding, highly-qualified experts from academia, mediation and arbitration institutions, and international legal practice, to address this highly topical, complex subject from a variety of angles.
