Exploring the Causes for Change in Regional Third Party Dispute Settlement

2015 ◽  
Vol 14 (S1) ◽  
pp. S59-S81
Author(s):  
JEANINE BEZUIJEN
Keyword(s):  
Latin American ◽  
International Organizations ◽  
Dispute Settlement ◽  
Institutional Environment ◽  
Institutional Reform ◽  
Balance Of Power ◽  
Third Party ◽  
Trade Association

AbstractWhat explains change in third party dispute settlement in regional international organizations (RIOs)? This paper confronts this question by exploring the extent to which different explanations of institutional change hold in the context of trade RIO third party dispute settlement. The paper considers the role of three variables in explaining dispute settlement reform: the balance of power, the level of trade interdependence between member states and the nature of the organization's founding contract. A truth table reveals that although power and trade interdependence can explain some cases of institutional reform, the nature of the organization's founding contract is the strongest predictor for change in dispute settlement. Nevertheless, the analysis shows that not all cases can be explained, and that the influence of other institutions on the same issue can also play an important role. A case study of the Latin American Free Trade Association illustrates the importance of the institutional environment in which the RIO operates for institutional reform.

Preventing War and Providing the Peace?

2009 ◽  
Vol 26 (2) ◽  
pp. 144-163 ◽  
Author(s):  
Megan Shannon
Keyword(s):  
Conflict Resolution ◽  
Conflict Management ◽  
Causal Relationship ◽  
International Organizations ◽  
Dispute Settlement ◽  
Claims Data ◽  
Third Party ◽  
Trust Building ◽  
Territorial Claims ◽  
Bilateral Negotiations

I explore whether international organizations (IOs) promote peaceful conflict management. Using territorial claims data, I find that organizations with interventionist capabilities encourage disputing members to attempt peaceful conflict resolution. Then, to more fully uncover the causal relationship between IOs and conflict management, I investigate the influence of IOs on bilateral dispute settlement separately from third party settlement.The analyses reveal that institutions do not promote bilateral negotiations between members, indicating that the socialization and trust-building capabilities of IOs are limited. However, institutions foster multilateral talks, demonstrating that IOs broker bargaining with third party diplomatic intervention.

Diffusion and Decentralized Bargaining in International Organizations: Evidence from Mercosur's Dispute Settlement Mechanism

2021 ◽  
Author(s):  
Tobias Lenz
Keyword(s):  
International Organizations ◽  
Dispute Settlement ◽  
Diffusion Processes ◽  
Dispute Settlement Mechanism ◽  
Starting Point ◽  
Institutional Convergence ◽  
Dispute Settlement System ◽  
Decentralized Bargaining ◽  
Settlement Mechanism

Abstract How and with what effects do institutions diffuse between international organizations (IOs)? An emerging literature extends a key insight of the study of diffusion processes among states to the international level, establishing that the adoption of institutions in IOs is regularly conditioned by the choices of other IOs. Yet, this literature neglects a key contextual difference between the two settings: unlike in the hierarchically structured organizations that have dominated the literature on diffusion, institutional creation, and change in IOs are the result of decentralized bargaining among sovereign governments. This paper develops a heuristic model that shows how diffusion between IOs shapes decision-making within them through its impact on the institutional preferences of individual governments. The model establishes that, unlike in diffusion processes among states, convergence is an unlikely outcome of diffusion between IOs. By implication, studies that take institutional convergence as their starting point are likely to underestimate the pervasiveness of diffusion effects. I demonstrate these arguments with a case study of the establishment of a regional dispute settlement system in Mercosur, a regional organization in Latin America.

scholarly journals Understanding self-organization and formal institutions in peri-urban transformations: A case study from Beijing

2019 ◽  
Vol 47 (2) ◽  
pp. 287-303
Author(s):  
Shuhai Zhang ◽  
Gert de Roo ◽  
Ward Rauws
Keyword(s):  
Urban Areas ◽  
Institutional Environment ◽  
Self Organization ◽  
Current Debate ◽  
Formal Institutions ◽  
Rural Village ◽  
Urban Transformations ◽  
The Impact

This article explores the mechanisms of urban self-organization and the role of formal institutions in shaping peri-urban areas. A case study of Gaobeidian, a former rural village that is now part of Beijing, examines the mechanisms of change and the interdependent relations between institutions and bottom-up initiatives that drive peri-urban transformations. The paper presents two main contributions: (1) it identifies the differences between government-controlled planning, shared governance, self-governance and self-organization and how these intertwine in urban transformations; (2) it proposes three distinct roles played by institutions in relation to self-organization: triggering, constraining and enabling. The empirical study of this Chinese case will enrich the current debate on planning for self-organizing cities by revealing the impact of, and the various responses to, self-organization dynamics in a hierarchical institutional environment.

Beyond UN Accountability for Human Rights Violations

2019 ◽  
Vol 16 (1) ◽  
pp. 68-104
Author(s):  
Frédéric Mégret
Keyword(s):  
Human Rights ◽  
United Nations ◽  
International Organizations ◽  
Third Party ◽  
Human Rights Violations ◽  
Peace Operations ◽  
State Dependency ◽  
Host State ◽  
The United Nations

The overarching focus on the United Nations and its agents for human rights violations and abuses they may have committed, as well as the attention to troop contributing states and even ‘victims’, has broadly shifted attention away from the role of the host state in peace operation. This article seeks to unpack that omission and suggests that it is far more problematic than commonly thought, in particular because it tends to reproduce some of the problematic features of the political economy of peacekeeping that are the background of rights abuses in the first place. Instead, as part of a tradition of thinking of human rights in terms of sovereign protection, the article makes the case for taking much more seriously the role that the host state can and should have in order to address abuses by international organizations. It emphasises how international legal discourse has tended to ‘give up’ on the host state, but also how host states have themselves been problematically quiescent about violations occurring on their territory. This has forced victims to take the improbable route of seeking to hold the UN accountable directly, bereft of the sort of legal and political mediation which one would normally expect their sovereign to provide. The article contributes some thoughts as to why host states have not taken up their citizens’ cause more forcefully with the United Nations, including governmental weakness, a domestic culture of rights neglect, but also host state dependency on peace operations. The article then suggests some leads to rethink the role of the host state in such circumstances. It points out relevant avenues under international law as well as specifically under international human rights law, drawing on the literature developed to theorise the responsibilities of states in relation to private third-party non-state actors within their jurisdiction. It argues that there is no reason why the arguments developed with private actors, notably corporations, in mind could not be applied to public actors such as the UN. Finally, the article suggests some concrete ways in which the host state could more vigorously take up the cause of rights abuses against international organizations including by requiring the setting up of standing claims commissions or making more use of its consent to peace operations, as well as ways in which it could be forced to do so through domestic law recourses. The article concludes by suggesting that reinstating the host state within what should be its natural prerogatives will not only be a better way of dealing with UN abuses, but also more conducive to the goals of peacekeeping and state construction.

‘I wanted to see if you are one of us’: The role of identity in the migration experience, a case study of Latin Americans in Australia

2020 ◽  
Vol 4 (1) ◽  
pp. 87-98
Author(s):  
Catherine Gomes ◽  
Glenda Mejía
Keyword(s):  
Latin American ◽  
Religious Affiliation ◽  
Economic Class ◽  
Migration Experience ◽  
Education Levels ◽  
Sources Of Support ◽  
And Gender ◽  
New Community

The literature on transnational migrations tells us that new migrants often look for points of similarity and familiarity with people in destination countries. Whether they intend to settle permanently or if they are transient and temporary, new migrants whatever their histories (e.g., as forced, lifestyle, economic, worker and study migrants) look to create connections with people in destination countries. These connections allow migrants to feel a sense of belonging through established or new community networks that anchor them in their adopted/host country. Moreover, these connections provide practical benefit in terms of allowing migrants to access sources of support (e.g., emotional) and information that are useful in navigating everyday life in the new country. Often, the connections that migrants make are with fellow migrants who are from the same country of origin or migrants from elsewhere primarily because of their shared migration experience. This shared migration experience though is subject to variables such as socio-economic class, education levels, religious affiliation and gender, or a combination of these, just to name a few. For migrants, connecting with people who they identify and recognize as fellow migrant actors, in other words, is a common, if not, instinctual occurrence for migrant belonging-making. While this article acknowledges the significance of the identity-migrant nexus by referring to two separate research projects conducted in Australia involving Latin American participants as a case study, it observes that migrants may also seek out those who they perceive to be fellow co-national/co-ethnic migrants through conventional or perceived visual and cultural markers.

scholarly journals Reverse resource exchanges in service supply chains: the case of returnable transport packaging

2016 ◽  
Vol 21 (3) ◽  
pp. 381-397 ◽  
Author(s):  
Kostas Selviaridis ◽  
Aristides Matopoulos ◽  
Leslie Thomas Szamosi ◽  
Alexandros Psychogios
Keyword(s):  
Resource Dependence ◽  
Single Case ◽  
Resource Dependence Theory ◽  
Third Party ◽  
Content Type ◽  
Contractual Governance ◽  
Contractual Agreements ◽  
Service Supply Chains

Purpose The purpose of this paper is to understand how reverse resource exchanges and resource dependencies are managed in the service supply chain (SSC) of returnable transport packaging (RTP). Design/methodology/approach A single case study was conducted in the context of automotive logistics focusing on the RTP SSC. Data were collected through 16 interviews, primarily with managers of a logistics service provider (LSP) and document analysis of contractual agreements with key customers of the packaging service. Findings Resource dependencies among actors in the SSC result from the importance of the RTP for the customer’s production processes, the competition among users for RTP and the negative implications of the temporary unavailability of RTP for customers and the LSP (in terms of service performance). Amongst other things, the LSP is dependent on its customers and third-party users (e.g. the customer’s suppliers) for the timely return of package resources. The role of inter-firm integration and collaboration, formal contracts as well as customers’ power and influence over third-party RTP users are stressed as key mechanisms for managing LSP’s resource dependencies. Research limitations/implications A resource dependence theory (RDT) lens is used to analyse how reverse resource exchanges and associated resource dependencies in SSCs are managed, thus complementing the existing SSC literature emphasising the bi-directionality of resource flows. The study also extends the recent SSC literature stressing the role of contracting by empirically demonstrating how formal contracts can be mobilised to explicate resource dependencies and to specify, and regulate, reverse exchanges in the SSC. Practical implications The research suggests that logistics providers can effectively manage their resource dependencies and regulate reverse exchanges in the SSC by deploying contractual governance mechanisms and leveraging their customers’ influence over third-party RTP users. Originality/value The study is novel in its application of RDT, which enhances our understanding of the management of reverse exchanges and resource dependencies in SSCs.

scholarly journals Assessing the Role of Resolutions in the ilc Draft Conclusions on Identification of Customary International Law

2017 ◽  
Vol 14 (2) ◽  
pp. 227-253 ◽  
Author(s):  
Rossana Deplano, PhD
Keyword(s):  
International Law ◽  
International Organizations ◽  
International Court Of Justice ◽  
Customary International Law ◽  
Court Of Justice ◽  
International Court ◽  
State Practice ◽  
International Law Commission

On 30 May 2016, the International Law Commission (‘ilc’) adopted a set of 16 Draft Conclusions providing a methodology on how to identify customary international law. Although largely based on the two elements approach set forth in article 38(1)(b) of the Statute of the International Court of Justice, the ilc study pushes the boundaries of the formal sources of international law beyond the realm of state practice by recognising that the practice of international organizations (‘ios’) as such may be constitutive of custom. This article critically examines the ilc Draft Conclusions concerning the role of ios in the process of custom creation. It examines the concept of resolution adopted by the ilc and assesses the coherence of the interpretive methodology devised by the ilc using the un General Assembly resolutions as a case study. The findings show that the Draft Conclusions fall short of expectation in providing authoritative guidance to scholars and practitioners alike.

scholarly journals TUG OF WAR: EVALUATIVE VERSUS FACILITATIVE MEDIATOR

2011 ◽  
Author(s):  
Diksha Munjal
Keyword(s):  
Dispute Settlement ◽  
Active Role ◽  
Essential Elements ◽  
Decision Makers ◽  
Self Determination ◽  
Third Party ◽  
Facilitative Role ◽  
Definition Of ◽  
Third Party Facilitation

Mediation can be defined as a process where a neutral third party seeks to facilitate communication between the disputing parties to help them arrive at an amicable solution of their disputes culminating in a win-win situation for the parties. Though ‘... there is no single limiting definition of mediation, in part because mediators function in accordance with different philosophies and in statistically different ways’, the most commonly accepted definitions of mediation incorporate two essential elements: ‘(1) third-party facilitation of dispute settlement, and (2) lack of third-party power to determine the resolution of the dispute.’ The central focus of mediation is based on the principle of parties’ self-determination. To further this basic principle, the role of a mediator must be well defined. Looking at mediation from a historical perspective, mediation was confined to the facilitative role of a neutral third party. Gradually, however, there came a sharp divide amongst the existing mediators as regards the scope of intervention by a mediator in the mediation proceedings. At one end of the broad spectrum of a mediator’s role, lies his or her active role as an evaluator and at the other, that as a facilitator of communication between the parties. These two positions are, however, in contrast with each other and hence, the debate as to the most suitable role of a mediator’s intervention in the process. In part II(a) of the present paper I attempt to portray the distinction between mediators and decision-makers. Because of the emergence of evaluative forms in mediation. In part II(b) I sketch the differences between the approaches taken by the facilitative and the evaluative mediators. In part III I try to indicate the dangers posed when mediators strive to put on the evaluative cloak and finally and in part IV I sum up the paper with an appropriate conclusion.

scholarly journals The Role of Informal Land Dispute Settlement Mechanisms on Family Land Ownership in Tanzania: A Case Study of Mbeya District, Mbeya Region

2021 ◽  
Vol 4 (2) ◽  
pp. 1-12
Author(s):  
Edward Karumiana Mwaigombe ◽  
Frataline Kashaga
Keyword(s):  
Dispute Settlement ◽  
Land Ownership ◽  
Research Approach ◽  
Dispute Settlement Mechanism ◽  
Land Dispute ◽  
Family Land ◽  
The Government ◽  
Dispute Settlement Mechanisms

Informal land disputes settlement mechanisms epitomize a classic example of valuable and useful indigenous knowledge, which Africans have acquired for ages but is not being recognized and sometimes not fully utilized in contemporary African societies. The study aimed to assess the role of informal land dispute settlement mechanisms on family land ownership in Tanzania: A case of Mbeya district. The specific objectives of the study were to identify nature and causes of informal land dispute settlement mechanisms on family land ownership in Mbeya district and to examine the effectiveness of informal land dispute settlement mechanisms on family land ownership in Mbeya district. The study adopted case study research design, target population of the study was 446 respondents, and sample size of the study was 128 respondents. This study employed both qualitative and quantitative research approach data collection tools used was questionnaires, interview and focus group discussion. The study findings indicated that causes of disputes on family land ownership and effectiveness of informal dispute settlement mechanism significantly lead to family land ownership conflicts in Mbeya district as well as in Tanzania. The study concluded that informal land dispute settlement mechanisms help people within the community to attain land ownership through chiefs and community elders  because this mechanism can strengthen  solidarity, ethnics discipline in the community and recommended that the government should formulate policy and law governing informal land dispute settlement mechanisms on family land ownership to be accommodated in the local system to facilitate quickly land matters rather than depending on western system.

Dispute Settlement in International Law

2014 ◽  
Author(s):  
Loris Marotti ◽  
Paolo Palchetti
Keyword(s):  
International Law ◽  
Dispute Settlement ◽  
Third Party ◽  
Basic Principles ◽  
Interstate Disputes ◽  
International Dispute ◽  
Legal Duty ◽  
Recent Trends

The basic principles and methods governing the settlement of international disputes today—particularly interstate disputes—are substantially the same as those that were identified and enshrined in the Charter of the United Nations in 1945. Parties to a dispute are under a duty to settle it in a peaceful way (Article 2, paragraph 3 of the UN Charter). While barred from resorting to armed force, the parties remain however, at least in principle, “masters” of the procedure for dispute settlement, and of the outcome. In the absence of a precise treaty obligation, they are free to decide the particular means of dispute settlement they prefer (Article 33 of the UN Charter). More broadly, any settlement will inevitably depend, directly or indirectly, on the agreement of the parties. Thus, the whole edifice of dispute settlement at the international level is characterized by an inherent tension between a legal duty to settle disputes in a peaceful way and the absence of any real compulsory mechanism that may render such obligation effective. Against this legal background, the notion of dispute settlement covers a great variety of different settlement devices. Such procedures can be distinguished one from the other on the basis of different criteria, such as whether they contemplate the intervention of a third party, whether the settlement is based on the application of rules of international law, or whether the final outcome of the procedure has a binding or nonbinding character. The classification of these different procedures; the identification of their respective merits and shortcomings, in absolute or comparative terms; their suitability in relation to different categories of disputes—these are all issues that have been traditionally the object of a vast body of literature. On a broader perspective, recent trends, which have brought some changes in the field of the international dispute settlement, have also attracted the attention of doctrine. These trends include the progressive institutionalization of the procedures, thanks also to the growing role of international organizations in this area, the multiplication of settlement mechanisms and the ensuing problem of the possible interaction or conflict between them, the creation of new courts and tribunals, and the rise of adjudication as a means of dispute settlement.

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