Conclusion

2020 ◽  
pp. 221-240
Author(s):  
İ. Aytaç Kadıoğlu

The closing chapter concludes the book by summarising the findings of the analysis into forty years of peacemaking and war experience in Northern Ireland and Turkey, and how these might be applied to other ethno-nationalist conflicts in which similar peace processes have been instituted. This chapter discusses the implications of the policies applied in the two specified conflicts for conflict resolution theory more broadly and lays out a framework for further research in the field. It argues that there is a complementarity between three major aspects of conflict resolution processes: backchannel communications, as the unofficial aspect; peace organisations, as the informal and semi-official aspect; and official negotiations, as the official aspect. The conflict resolution processes in these two cases encouraged the conflicting sides to consider talks and to enter into a negotiation process at the pre-negotiation stage. The processes then intended to reach a peace agreement during the negotiation stage. This book has suggested that a peace agreement requires mediation by an independent third party: between the British government and their adversaries, the IRA and the republican movement, in one case, and the Turkish government and their adversaries, the PKK and pro-Kurdish movement in the other.

Author(s):  
I. Aytaç Kadioğlu

This book assesses the impact of political, non-violent resolution efforts in the Northern Irish and Turkish-Kurdish peace processes. It offers an important contribution to conflict-resolution research, theorising the various stages involved in the attempted resolution of asymmetric conflicts. By relying on primary sources, including interviews and recently declassified archival papers, it presents an innovative framework for conflict resolution, a starting-point for further research on managing peace processes and ethno-nationalist conflicts. This book challenges the notion of ‘conflict resolution’ in these two peace processes, both far-reaching ethno-nationalist conflicts in the post-Cold War era. Incorporating fieldwork carried out until 2015, the book compares these conflicts during major peace attempts, from early secret talks and semi-official peace initiatives, to multilateral and internationalised conflict-resolution processes through not only main armed protagonists, but also independent third parties. It analyses the political resolution efforts for ending the IRA and PKK’s armed campaigns and establishing a peace agreement. It argues that peace initiatives are ongoing processes which contain not only formal peace initiatives, but also informal and secret peace efforts. It suggests that formal and informal initiatives together embody conflict resolution processes through three major aspects: backchannel communications as the unofficial aspect, peace organisations as the informal and semi-official aspect, and negotiations as the official aspect of conflict resolution efforts, which operate at the elite level of conflict resolution.


Author(s):  
AAN Roy Sumardika

Mediation process means dispute resolution through negotiation process for obtaining a peace agreement between the parties by using a third party in settling the dispute. Article 130 HIR/154 RBg determines peace efforts may use since the trial began before a judge hands down the dispute. Mediation as part of the Alternative Dispute Resolution is a process outside the court, but Indonesian Supreme Court Rules No. 1/2008 integrates it in the court proceedings and allows the mediation process at the level of legal remedy. So the problem investigated is the court decision re-mediated and the peace agreement mediation results. The method used normative legal research by Legislation Approach and to deepen the research study also use a Legal Concept Analysis Approach which is intended to establish a view and legal arguments in solving the problem at hand. Case that has been decided by the courts is not possible to re-mediated. The mediation process at the level of legal remedy is contrary to the law, especially the provisions of Article 130 HIR / 154 RBg. Indonesian Supreme Court Rules as rules are hierarchically under the law (HIR/RBg) not justified material being regulated substance exceeding material are governed by higher laws. So Indonesian Supreme Court Rules No. 1/2008 can not be a legal basis to regulate the integration of mediation into the docket particularly about mediation at the level of legal remedy because the principle of lex superiori derogat legi inferiori and the principle of lex specialis derogat legi generali not met.


2008 ◽  
Vol 13 (1) ◽  
pp. 11-36 ◽  
Author(s):  
Darren Kew ◽  
Anthony Wanis-St. John

AbstractThe fact that civil society groups play important roles in post-conflict peacebuilding has entered the mainstream of international conflict resolution dogma. Rarely do local civil society groups get a seat at the negotiation table for peace accords. Although the exclusion of civil society from peace negotiations may streamline the process, the absence of civil society voices and interests at the negotiating table can negatively impact the sustainability of a peace agreement during peacebuilding. Surveying a wide variety of different peace processes, a strong correlation was found between active civil society participation in peace negotiations and the durability of peace during the peacebuilding phase. Cases in which civil society groups actively engaged in peace negotiations seemed to enjoy more sustained peace in the peacebuilding phase. This holds true also for cases in which civil society groups did not have a direct seat at the table, but did exercise significant influence with the negotiators because they were democratic actors. War resumed in many cases not characterized by direct or indirect civil society involvement in the peace negotiations. No claim of causality is made; the sustainability of peace surely rests on causes as complex and dynamic as the initiation of war does. However, these findings do call attention to the need for further research to understand the special impact that civil society inclusion at the peace table may have.


Author(s):  
Anjali Kaushlesh Dayal ◽  
Agathe Christien

Abstract Women’s greater presence in informal peace processes is often noted in works on peace processes, but there has been little systematic evidence about this involvement. This article is the first systematic study of women’s participation in informal peace processes. We find that women are a significant presence in civil society efforts to forge peace outside formal negotiation rooms: nearly three-fourths of identifiable informal peace processes have clear evidence of involvement from women’s groups. This research indicates that women advocate to be included in formal peace processes, work to legitimate formal negotiations and organize for peace, advocate for the inclusion of women’s rights issues in the final peace agreement, provide information on human rights violations to participants in the formal peace process, engage in local conflict resolution, and advocate as partisans for one or another side in the conflict.


2017 ◽  
Vol 10 (2) ◽  
pp. 208
Author(s):  
Ghassem Bohloulzadeh

Peace agreements offer rule-based approaches, which distinguish from some variable peace processes and are manifested as establishing a legal peace. This legal peace is provided in the following forms:1) Peace agreements evaluate internal and external interactions for the legitimacy of government through distorting government and supporting human rights; a different composition of public and private (non-government) signatories;2) Peace agreements are common treaties riding over national (interior) and international legal issues;3) Different forms of legal commitments; peace agreements embraces both valid organizational regulations and contracts or pseudo- commitment contracts;4) Various third party agencies; peace agreements rely upon common law coalition government and contain multiple oppositions, common law and political mechanisms and their implementation.These various ways simultaneously reflect settlement ways of peace agreements. If legal issues are ignored and peace agreements are properly considered, they may be argued as a temporary international constitution. Peace agreements provide a powerful plan for governing; however, they are often minor and temporary requiring developed.


1992 ◽  
Vol 56 (1) ◽  
pp. 38-54 ◽  
Author(s):  
Rajiv P. Dant ◽  
Patrick L Schul

On the basis of power theory, theory of relational exchange, and related literature from the fields of organizational behavior, political science, and communications, a set of hypotheses are derived to predict the choice of the four archetypal conflict resolution strategies proposed by March and Simon. Specifically, the contingent impacts of issue characteristics, dependency, and the emergent sentiments of relationalism on this choice behavior are evaluated empirically within the franchised channel of fast food restaurants. The results reveal a high overall incidence of the integrative problem-solving approach, but a preference for third-party intervention when the disputed issues involve high stakes, complexity, and policy connotations and when the franchisee dependency is rated high.


Author(s):  
Mathew Whiting

When Sinn Féin and the IRA emerged in Northern Ireland in 1969 they used a combination of revolutionary politics and violence to an effort to overthrow British rule. Today, the IRA is in a state of ‘retirement’, violence is a tactic of the past, and Sinn Féin is a co-ruler of Northern Ireland and an ever growing political player in the Republic of Ireland. This is one of the most startling transformations of a radical violent movement into a peaceful political one in recent times. So what exactly changed within Irish republicanism, what remains the same, and, crucially, what caused these changes? Where existing studies explain the decision to end violence as the product of stalemate or strategic interplay with the British state, this book draws on a wealth of archival material and interviews to argue that moderation was a long-term process of increasing inclusion and contact with political institutions, which gradually extracted moderate concessions from republicanism. Crucially, these concessions did not necessitate republicans forsaking their long-term ethno-national goals. The book also considers the wider implications of Irish republicanism for other cases of separatist conflict, and has significance for the future study of state responses to violent separatism and of comparative peace processes.


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