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The use of force and coercion to settle disputes between nations is a central problem of our time. Martin Patchen considers the circumstances that lead nations to use coercive means in disputes with other nations and also examines the effectiveness of other means of resolving international disputes. Patchen examines conflict and cooperation as general social processes and builds on previous work to present an overall theoretical framework that encompasses the conflict situation, perceptions of the adversary, decision-making, bargaining, and interaction and influence sequences.
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Author : United Nations. Codification Division Publisher : New York : United Nations Page : 268 pages File Size : 47,62 MB Release : 1992 Category : Law ISBN :
This text reviews the preventive diplomacy of the United Nations, suggesting that the Security Council is not well suited to the task. What is needed, it argues, is a less political and more professional approach, namely a larger (and more autonomous) role for the Secretary-General and the development of a greater specialist capacity within the Secretariat. The work gives appropriate weight to the importance of peace building, both before and after conflict, as an integral part of conflict prevention, and the United Nations' role therein.
The contributions in this book cover a wide range of topics within modern disputeresolution, which can be summarised as follows: harmonisation, enforcement andalternative dispute resolution. In particular, it looks into the impact of harmonisedEU law on national rules of civil procedure and addresses the lack of harmonisationin the US regarding the recognition and enforcement of foreign judgments. Furthermore,the law on enforcement is examined, not only by focusing on US law, but also onhow to attach assets in order to enforce a judgment. Finally, it addresses certain typesof alternative dispute resolution. In addition, the book looks into the systems andcultures of dispute resolution in several regions of the world, such as the EU, the US andChina, that have a high impact on globalisation. Hence, the book is diverse in the senseof dealing with multiple issues in the field of modern dispute resolution./div The book offers explorations of the impact of international rules and EU law on domesticcivil procedure, through case studies from, among others, the US, China, Belgium andthe Netherlands. The relevance of EU law for the national debate and its impact on theregulation of civil procedure is also considered. Furthermore, several contributions discussthe necessity and possibility of harmonisation in the emergency arbitrator mechanisms inthe EU. The harmonisation of private international law rules within the EU, particularlythose of a procedural nature, is juxtaposed to the lack thereof in the US. Also, the bookoffers an overview of the current dispute settlement mechanisms in China. The publication is primarily meant for legal academics in private international law andcivil procedure. It will also prove useful to practitioners regularly engaged in cross-borderdispute resolution and will be of added value to advanced students, as well as to those withan interest in international litigation and more generally in the area of dispute resolution. Vesna Lazić is Senior Researcher at the T.M.C. Asser Institute, Associate Professor ofPrivate Law at Utrecht University and Professor of European Civil Procedure at theUniversity of Rijeka. Steven Stuij is an expert in Private International Law and a PhD Candidate/GuestResearcher at the Erasmus School of Law, Rotterdam. Ton Jongbloed is Guest Editor on this volume./div
Conflict can either destroy or create—depAnding on whether and how it is guided. This is the simple yet profound insight that underlies Jay Rothman's innovative new framework for understanding and transforming identity-based conflict in nations, organizations, and communities. Reading a newspaper, working in an organization, or sitting in on a town meeting can provide vivid examples of identity conflicts in action. Based in the national, organizational, and community groups that provide individuals with meaning, safety, and dignity, identity conflicts are passionate and volatile because they strike at our core: who we really are and what we care about most deeply. Though often impervious to traditional methods of conflict management, identity-based conflict also provides adversaries with dynamic opportunities for finding not only common ground, but higher ground than separate parties could have found on their own. Grounded in his grassroots conflict resolution work in the Middle East — work that earned him the honor of witnessing the historic White House handshake between Prime Minister Yitzhak Rabin and PLO President Yasser Arafat — and brilliantly refined to address a wide range of organizational and community conflicts, Rothman's ARIA model is a versatile and innovative synthesis of the best contemporary ideas in conflict management, resolution, and transformation. Step by step, Resolving Identity-Based Conflict traces the ARIA journey through Antagonism, Resonance, Invention, and Action in a variety of environments. In straightforward, jargon-free language, Rothman conveys solid theoretical insights and practical how-to's that allow researchers and practitioners to: Recognize the crucial differences between identity- and resource-based conflicts Zero in on the needs and motivations shared by even the bitterest of adversaries Create joint agendas for groups in conflict Transform intragroup and intergroup conflicts in organizations of every k
This text reviews the preventive diplomacy of the United Nations, suggesting that the Security Council is not well suited to the task. What is needed, it argues, is a less political and more professional approach, namely a larger (and more autonomous) role for the Secretary-General and the development of a greater specialist capacity within the Secretariat. The work gives appropriate weight to the importance of peace building, both before and after conflict, as an integral part of conflict prevention, and the United Nations' role therein.
This book presents papers on different perspectives in tackling the economic, racial and other injustices which generate conflict. The papers infer that the nuclear threat provides the most urgent manifestation of the inadequacy of war as a means of resolving differences between nations.
Written by a renowned international law expert, this book delves into the idea of using arbitration as a means of resolving disputes between nations instead of going to war. It is a thought-provoking read that offers insights into the benefits and challenges of this approach. This work has been selected by scholars as being culturally important, and is part of the knowledge base of civilization as we know it. This work is in the "public domain in the United States of America, and possibly other nations. Within the United States, you may freely copy and distribute this work, as no entity (individual or corporate) has a copyright on the body of the work. Scholars believe, and we concur, that this work is important enough to be preserved, reproduced, and made generally available to the public. We appreciate your support of the preservation process, and thank you for being an important part of keeping this knowledge alive and relevant.