In troubled societies narratives about the past tend to be partial and explain a conflict from narrow perspectives that justify the national self and condemn, exclude and devalue the 'enemy' and ...their narrative. Through a detailed analysis, Teaching Contested Narratives reveals the works of identity, historical narratives and memory as these are enacted in classroom dialogues, canonical texts and school ceremonies. Presenting ethnographic data from local contexts in Cyprus and Israel, and demonstrating the relevance to educational settings in countries which suffer from conflicts all over the world, the authors explore the challenges of teaching narratives about the past in such societies, discuss how historical trauma and suffering are dealt with in the context of teaching, and highlight the potential of pedagogical interventions for reconciliation. The book shows how the notions of identity, memory and reconciliation can perpetuate or challenge attachments to essentialized ideas about peace and conflict.
This open access book provides an analytical and critical outlook, by leading scholars, of the impact of various trends in the quality of collaboration and resulting safety outcomes that arise from ...the evolution of traditional integrated production within a single firm into a complex web of partnerships and supply chains. In the face of increasing fragmentation within industrial production and the associated rise in the complexity of inter-organizational communication and transaction,this book analyses causal factors such as cost pressures, globalization of demand, increasingly flexible resource allocation and work organization, changes in legal liability and the possibilities afforded by information technology. Various case studies focus on the effects of crossing boundaries between organizations, between different trades and professions and between countries, assessing the effect of variations in regulatory structures and national cultures. Furthermore, they illustrate the wide range of organizational forms to be found in high-hazard industries today and the impact, potential or real, of the variety of forms of partnership on safety and well-being at work. The contributors assess the effect of out-sourcing and of various forms of partnership and governance on safety at work and how they can be made to support the prevention of major accident hazards.
This open access book aims to provide an initial but comprehensive roadmap for the Chinese civil litigation system. It starts with some basic concepts of the Chinese judicial system (e.g., court ...system, case numbering, hierarchical trial system, etc.) and runs through the entire process and most aspects of civil litigation cases (e.g., jurisdiction, service of process, rules of evidence, enforcement, representative actions, etc.). The first target audience for this book is lawyers outside of mainland China. For professors and law students, this book also serves as a window into the Chinese judicial system in a short period of time. It is my hope that this book serves as a backdrop for additional observations of Chinese judicial practice, such as a review of recent cases. This is an open access book.
This open access volume of the AIDA Europe Research Series on Insurance Law and Regulation offers the first comprehensive legal and regulatory analysis of the Insurance Distribution Directive (IDD). ...The IDD came into force on 1 October 2018 and regulates the distribution of insurance products in the EU. The book examines the main changes accompanying the IDD and analyses its impact on insurance distributors, i.e., insurance intermediaries and insurance undertakings, as well as the market. Drawing on interrelations between the rules of the Directive and other fields that are relevant to the distribution of insurance products, it explores various topics related to the interpretation of the IDD – e.g. the harmonization achieved under it; its role as a benchmark for national legislators; and its interplay with other regulations and sciences – while also providing an empirical analysis of the standardised pre-contractual information document. Accordingly, the book offers a wealth of valuable insights for academics, regulators, practitioners and students who are interested in issues concerning insurance distribution.
E-commerce offers immense challenges to traditional dispute resolution methods, as it entails parties often located in different parts of the world making contracts with each other at the click of a ...mouse. The use of traditional litigation for disputes arising in this forum is often inconvenient, impractical, time-consuming and expensive due to the low value of the transactions and the physical distance between the parties. Thus modern legal systems face a crucial choice: either to adopt traditional dispute resolution methods that have served the legal systems well for hundreds of years or to find new methods which are better suited to a world not anchored in territorial borders. Online Dispute Resolution (ODR), originally an off-shoot of Alternative Dispute Resolution (ADR), takes advantage of the speed and convenience of the Internet, becoming the best, and often the only option for enhancing consumer redress and strengthening their trust in e-commerce. This book provides an in-depth account of the potential of ODR for European consumers, offering a comprehensive and up to date analysis of the development of ODR. It considers the current expansion of ODR and evaluates the challenges posed in its growth. The book proposes the creation of legal standards to close the gap between the potential of ODR services and their actual use, arguing that ODR, if it is to realise its full potential in the resolution of e-commerce disputes and in the enforcement of consumer rights, must be grounded firmly on a European regulatory model. Introduction 1. Consumer Protection and Access to Justice in the E-Commerce Era: A European Perspective 2. Online Dispute Resolution as a Consumer Redress Strategy 3. Consumer Adjudicative Processes Supported by ICT: Court Processes and Arbitration 4. Online Mediation for Consumers: The Way Forward 5. The Need for a Legal Framework to Develop Consumer ODR in the EU
This Open Access book carefully examines the legal and historical bases of the territory of Japan as a modern State from the Meiji period to 2002. A new preface summarizes key developments in the ...situation up through 2022. Japan’s current territory is stipulated by the Potsdam Declaration (1945) and the Treaty of Peace with Japan (1951); it includes the Northern Territories, the Senkaku Islands, and Takeshima. Japan has demanded the return of the Northern Territories, comprising the islands of Etorofu, Kunashiri, Shikotan and Habomai, which are occupied by Russia. China has claimed sovereignty over the Senkaku Islands, which are validly controlled by Japan; Japan has claimed sovereignty over Takeshima, which is occupied by the Republic of Korea. This book analyzes the current status of these territorial topics, drawing on historical documents and international legal precedent, and it suggests peaceful methods to address them. In discussing territorial land, sea, and air space, this work touches upon postwar concepts defining modern international law and relevant rules on these subjects—exclusive economic zones (EEZs), continental shelves, and air defense identification zones (ADIZs)—found in international treaties, such as the United Nations Convention on the Law of the Sea (UNCLOS), and related domestic laws.
This open access book opens up the black box of mediation in collective conflicts through the analyses and comparisons of various systems. Mediation and related third party interventions such as ...conciliation and facilitation are discussed as effective prevention and regulation tools for different types of collective labor conflicts. These interventions fit in a new developed five-phase model of collective conflicts in organizations, going from capacity building in latent conflicts, through conciliation, mediation and arbitration in escalating phases, to rebuilding of trust after hot conflicts. The authors promote understanding and discussion with regards to labor mediation systems, presenting comparative research on the perspectives of mediators and users of mediation. This book describes and analyses laws, regulations and practices of mediation in seventeen countries, with a relative strong emphasis on Europe. Part 1 presents theoretical frameworks on conciliation and mediation in collective labor conflicts. Part 2 presents regulations and practices in 12 European countries: Belgium, Denmark, Estonia, France, Italy, Poland, Portugal, Spain, The Netherlands, and the United Kingdom. Part 3 discusses mediation in these collective conflicts in Australia, China, India, South Africa and the USA. Part 4 offers conclusions and ways forward. This book offers analyses, good practices and developments for third party intervention in collective labor conflicts in global and local changing environments. This book is a must-read for policy makers, , social partners at different levels, as well as scholars and practitioners in industrial relations, human resources management and conflict management, particularly conciliators and mediators.
Beyond
the Courtroom provides a compilation of articles and chapters
by a dispute resolution scholar who has made
remarkable contributions over his thirty-year career. Professor Abramson has
focused ...his research and practice on parties trying to resolve their own
disputes. This book includes publications that have contributed to launching
the then new field of mediation representation with special attention on how
attorneys, as gate keepers to mediation, can effectively represent clients. The
book also includes his original publications that have contributed to the emerging
field of intercultural and international mediation and the already robust and
mature field of negotiations.
The adoption of electronic commercial transactions has facilitated cross-border trade and business, but the complexity of determining the place of business and other connecting factors in cyberspace ...has challenged existing private international law. This comparison of the rules of internet jurisdiction and choice of law as well as online dispute resolution (ODR) covers both B2B and B2C contracts in the EU, USA and China. It highlights the achievement of the Rome I Regulation in the EU, evaluates the merits of the Hague Convention on Choice of Court Agreement at the international level and gives an insight into the current developments in CIDIP. The in-depth research allows for solutions to be proposed relating to the problems of the legal uncertainty of internet conflict of law and the validity and enforceability of ODR agreements and decisions.
What affects a country’s decision of whether to formally engage in a trade dispute directly related to its exporting interests? This article empirically examines determinants of affected country ...participation decisions in formal trade litigation arising under the World Trade Organization (wto) between 1995 and 2000. It investigates determinants of nonparticipation and examines whether the incentives generated by the system’s rules and procedures discourage active engagement in dispute settlement by developing country members in particular. Though the size of exports at stake is found to be an important economic determinant affecting the decision to participate in challenges to a wto-inconsistent policy, the evidence also shows that measures of a country’s retaliatory and legal capacity as well as its international political economy relationships matter. These results are consistent with the hypothesis of an implicit “institutional bias” generated by the system’s rules and incentives that particularly affects developing economy participation in dispute settlement.
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