The Role Of Third Parties In The Negotiation And Implementation Of Intrastate Agreements: An Experience-Based Approach To Un Involvement In Intrastate Conflicts

2007 ◽  
pp. 193-203
Author(s):  
Francesc Vendrell
Author(s):  
Jeffrey L Dunoff ◽  
Mark A Pollack

This chapter discusses the inner working of ICs, such as the drafting of judicial opinions; practices concerning separate opinions; the role of language and translation; and the roles of third parties. It also presents a preliminary effort to identify and examine the everyday practices of international judges. In undertaking this task, the authors draw selectively upon a large literature on ‘practice theory’ that has only rarely been applied to international law in general or to international courts in particular. A typology and synoptic overview of practices is presented.


2018 ◽  
Vol 26 (4) ◽  
pp. 639-648 ◽  
Author(s):  
Aisosa Jennifer Isokpan ◽  
Ebenezer Durojaye

This case note focuses on the justiciability as well as the impact of corruption on the realisation of the right to basic education. Through an assessment of the decision of the ECOWAS Court in SERAP v. Nigeria, it emphasises the role of states in ensuring that corrupt activities of government officials or third parties do not affect the enjoyment of the right. It equally emphasises the role of the Nigerian courts in ensuring a justiciable right to education.


2016 ◽  
Vol 13 (1) ◽  
pp. 97-103
Author(s):  
Ieva Zemite

Abstract The skills and knowledge of the owners and employees of cultural enterprises on economic use of financial resources do not guarantee valuable artistic results. Therefore, a substantiated question has arisen: how to evaluate management in enterprises with bad financial ratios and outstanding artistic indicators. The existing definitions of cultural management (Aageson, 2008; Hagoort, 2007; Klamer, 1999; Stam, 2006; Nordman, 2003) also do not provide precise suggestions for determining the most important indicators in the evaluation of cultural management. The question is how to evaluate management in cultural entrepreneurship by determining the most important indicators for a cultural enterprise’s performance improvement. In order to define the goal of the stakeholders’ (artists, clients, media, arts scholars, third parties providing funds, cooperation partners) engagement, it is necessary to analyse the area of an enterprise’s activities, and in what way and by what kind of activities it is possible to engage the stakeholders. During the course of empirical research, it is planned to disclose, analyse and interpret the subjective reasons of pursuit. Although a numerical evaluation of stakeholders was obtained during the research and data analysis performed by Spearman’s rho correlation calculations, the obtained results during the interpretation have not been generalised. The research results reveal the role of the cultural enterprise’s stakeholders’ engagement in the evaluation of management, point to the importance of the goals’ analysis as well as the analysis of each stakeholder’s engagement, and define the criteria for evaluating the activities in cultural entrepreneurship.


2016 ◽  
pp. 5-23 ◽  
Author(s):  
V. Polterovich

T is proposed in the article to distinguish between two types of collaboration: a positive (not directed against third parties) and a negative one. I consider the hypothesis that in the process of social development, transaction costs ratio of the three main types of coordination - competition, power, and collaboration - is changing in favor of the latter. The mechanisms responsible for the implementation of this tendency are studied, and an attempt to explain its nonmonotonicity is made. It is shown that the strengthening role of positive collaboration is largely explained by cultural changes: the enhance of tolerance culture, the spread of cosmopolitanism and altruism, increasing planning horizon as well as trust radius. I demonstrate the importance of the institutions of positive collaboration in the process of catchingup development; it is shown that shock reforms could lead to the formation of negative collaboration mechanisms. For the further development of these ideas, a program of interdisciplinary researches is outlined.


2009 ◽  
Vol 40 (2) ◽  
pp. 419 ◽  
Author(s):  
Kate Yesberg

This article explores the role of victims in the Extraordinary Chambers in the Courts of Cambodia (ECCC) – the forum tasked with bringing leaders of the Khmer Rouge regime to justice. Victims have been afforded broad participatory rights at the ECCC, including the opportunity to be joined as third parties to the trial. These innovations must be applauded. However, the role victims can play in the wider process of national reconciliation remains under-utilised. This article suggests that victim participation can be used to increase public accessibility to the trial to ensure proceedings occupy a more positive, and prominent space in Cambodia's healing process.


2021 ◽  
pp. 141-160
Author(s):  
Ashwini Vasanthakumar

This chapter considers whether exiles can advance valid representative claims and under what conditions. The representative claim is implicit in exiles’ efforts to assist those left behind and to enable transnational solidarity with them. But it is often made explicitly, both by those who have formed themselves into governments-in-exile and those who act less formally. The representative claim is powerful. When valid, it grants exiles authority, placing their political claims and preferences on the same footing as those left behind; it empowers them to negotiate and make settlements; and it obligates third parties to defer to them. This chapter identifies three elements of representation—authorization, acting for, and accountability—and assesses the extent to which exiles can satisfy these elements. It identifies the importance of ‘connecting criteria’ between exiles and their putative constituents in the homeland and the role of third parties in ensuring accountability.


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