Conflict Resolution Quarterly最新文献

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From Pathology to Precision: Transforming Multi-Tiered Dispute Resolution Clauses in International Contracts 从病理到精确:国际合同多层次争议解决条款的转变
IF 1
Conflict Resolution Quarterly Pub Date : 2025-02-19 DOI: 10.1002/crq.21473
Tariq K. Alhasan
{"title":"From Pathology to Precision: Transforming Multi-Tiered Dispute Resolution Clauses in International Contracts","authors":"Tariq K. Alhasan","doi":"10.1002/crq.21473","DOIUrl":"https://doi.org/10.1002/crq.21473","url":null,"abstract":"<div>\u0000 \u0000 <p>This paper examines the complexities of drafting effective multi-tiered dispute resolution clauses (MTDRCs) in international contracts, emphasizing that a structured sequence of dispute resolution methods is a central mechanism for enhancing efficiency and predictability. Key elements like legal compliance, objective criteria, and consistency with contract terms are crucial in ensuring that each stage—from negotiation to arbitration—functions seamlessly. The analysis highlights the risks of poorly drafted, pathological clauses, which can undermine arbitration's effectiveness, leading to delays and increased costs. Through legal precedents and case studies, the paper distinguishes between admissibility and jurisdictional challenges, offering practical strategies for drafting robust MTDRCs. It explores the role of emerging technologies, such as blockchain, in enhancing transparency. This guidance is particularly valuable for legal practitioners seeking to improve dispute resolution outcomes in international commercial transactions. Ultimately, the study contributes to broader goals like SDG 16 and SDG 9, promoting effective and equitable dispute resolution.</p>\u0000 </div>","PeriodicalId":39736,"journal":{"name":"Conflict Resolution Quarterly","volume":"42 4","pages":"557-563"},"PeriodicalIF":1.0,"publicationDate":"2025-02-19","publicationTypes":"Journal Article","fieldsOfStudy":null,"isOpenAccess":false,"openAccessPdf":"","citationCount":null,"resultStr":null,"platform":"Semanticscholar","paperid":"144197099","PeriodicalName":null,"FirstCategoryId":null,"ListUrlMain":null,"RegionNum":0,"RegionCategory":"","ArticlePicture":[],"TitleCN":null,"AbstractTextCN":null,"PMCID":"","EPubDate":null,"PubModel":null,"JCR":null,"JCRName":null,"Score":null,"Total":0}
引用次数: 0
Exploring Ethnic Cosmopolitanism as a Catalyst for Sustainable Peacebuilding in Northern Ghana 探索民族世界主义作为加纳北部可持续建设和平的催化剂
IF 1
Conflict Resolution Quarterly Pub Date : 2025-02-05 DOI: 10.1002/crq.21471
Tobias Tseer, Elias Danyi Kuusaana, Suale Iddrisu
{"title":"Exploring Ethnic Cosmopolitanism as a Catalyst for Sustainable Peacebuilding in Northern Ghana","authors":"Tobias Tseer,&nbsp;Elias Danyi Kuusaana,&nbsp;Suale Iddrisu","doi":"10.1002/crq.21471","DOIUrl":"https://doi.org/10.1002/crq.21471","url":null,"abstract":"<div>\u0000 \u0000 <p>Many scholars often refer to the instrumentality of cosmopolitan values and ideals in fostering inclusivity across societies of the world. Yet relatively little academic attention has been given to exploring how cosmopolitan ideals could be leveraged as a tool for sustainable peacebuilding in multicultural and multi-ethnic communities. This study aimed to address this gap by connecting cosmopolitanism, ethnic pluralism, ethnic conflict and sustainable peace. The study explored the perceptions of ethnicity and their dynamics in conflict escalation and sophistication in Northern Ghana with focus on the Kusaasi-Mamprusi conflict in Bawku Traditional Area. The purpose is to propose a pathway towards the gradual removal of ethnic boundaries for the emergence of a cosmopolitan ethnic identity—a liberalized identity that integrates values, norms and traditions of all cultural groups in a community. The research adopted a qualitative approach using interviews and focus group discussions to gather data from 50 purposively sampled participants belonging to the Kusaasi, Mamprusi, Mossi, Busanga, and Hausa ethnic societies. The study found that ethnic divisions worsened the conflict dynamics in Bawku. While participants recognized the need for a peaceful coexistence, dual claims to ancestral lands created an indigene-settler dichotomy making peacebuilding efforts much more difficult. The study argues that the development of a cosmopolitan ethnic society that integrates all the core values of the discerned ethnic societies in Bawku holds the potential to de-escalate conflicts and promote peaceful coexistence. Public sensitization, education, and awareness programmes are recommended to promote tolerance, respect, and appreciation for unity in diversity.</p>\u0000 </div>","PeriodicalId":39736,"journal":{"name":"Conflict Resolution Quarterly","volume":"42 4","pages":"543-555"},"PeriodicalIF":1.0,"publicationDate":"2025-02-05","publicationTypes":"Journal Article","fieldsOfStudy":null,"isOpenAccess":false,"openAccessPdf":"","citationCount":null,"resultStr":null,"platform":"Semanticscholar","paperid":"144197341","PeriodicalName":null,"FirstCategoryId":null,"ListUrlMain":null,"RegionNum":0,"RegionCategory":"","ArticlePicture":[],"TitleCN":null,"AbstractTextCN":null,"PMCID":"","EPubDate":null,"PubModel":null,"JCR":null,"JCRName":null,"Score":null,"Total":0}
引用次数: 0
Stabilizing Postwar Iraq: The Practical Antinomies of a Promising Concept 战后伊拉克的稳定:一个有希望的概念的实践矛盾
IF 1
Conflict Resolution Quarterly Pub Date : 2025-01-17 DOI: 10.1002/crq.21469
Roberto Belloni, Irene Costantini
{"title":"Stabilizing Postwar Iraq: The Practical Antinomies of a Promising Concept","authors":"Roberto Belloni,&nbsp;Irene Costantini","doi":"10.1002/crq.21469","DOIUrl":"https://doi.org/10.1002/crq.21469","url":null,"abstract":"<div>\u0000 \u0000 <p>Over the last decade, stabilization has gained ground as a pragmatic, short-term response to conflict and terrorism. While efforts to achieve a shared-upon doctrinal understanding of this international practice proved inconclusive, stabilization work in Iraq since 2014 offers valuable insights to evaluate the relevance of the concept and the challenges it faces in its implemention. This article assesses the antinomies of stabilization in the context of Iraq, where both the Global Coalition against Daesh and the United Nations Development Programme (UNDP) have undertaken a wide range of military and civilian-led stabilization activities following the defeat of the Islamic State (IS). Although these activities have contributed to the restoration of a basic sense of “normalcy,” including the return home of almost five million internationally displaced persons (IDPs), structural constraints, such as increasing authoritarianism, continue to hinder Iraq's path toward self-sustaining peace and development.</p>\u0000 </div>","PeriodicalId":39736,"journal":{"name":"Conflict Resolution Quarterly","volume":"42 4","pages":"535-541"},"PeriodicalIF":1.0,"publicationDate":"2025-01-17","publicationTypes":"Journal Article","fieldsOfStudy":null,"isOpenAccess":false,"openAccessPdf":"","citationCount":null,"resultStr":null,"platform":"Semanticscholar","paperid":"144197578","PeriodicalName":null,"FirstCategoryId":null,"ListUrlMain":null,"RegionNum":0,"RegionCategory":"","ArticlePicture":[],"TitleCN":null,"AbstractTextCN":null,"PMCID":"","EPubDate":null,"PubModel":null,"JCR":null,"JCRName":null,"Score":null,"Total":0}
引用次数: 0
Integrating AI Into Arbitration: Balancing Efficiency With Fairness and Legal Compliance 将人工智能融入仲裁:平衡效率与公平与合规
IF 1
Conflict Resolution Quarterly Pub Date : 2025-01-09 DOI: 10.1002/crq.21470
Tariq K. Alhasan
{"title":"Integrating AI Into Arbitration: Balancing Efficiency With Fairness and Legal Compliance","authors":"Tariq K. Alhasan","doi":"10.1002/crq.21470","DOIUrl":"https://doi.org/10.1002/crq.21470","url":null,"abstract":"<div>\u0000 \u0000 <p>The integration of artificial intelligence (AI) into arbitration marks a significant transformation in alternative dispute resolution, aiming to enhance efficiency, objectivity, and accessibility. Advanced AI systems now extend beyond administrative tasks to analyze complex legal data, predict case outcomes, and even generate arbitral awards. This evolution addresses the growing volume and complexity of international disputes, particularly in commercial and investment arbitration. However, the adoption of AI introduces profound legal and ethical challenges. Key concerns include the absence of human judgment, potential biases embedded in AI algorithms, and the opacity of their decision-making processes, accountability issues, and data privacy risks. Critically, current legal frameworks such as the New York Convention were not designed to accommodate AI-generated awards, raising questions about their legitimacy, procedural fairness, and enforceability. This article explores these intersections, focusing on how AI impacts arbitration's efficiency and objectivity, the legal and ethical challenges arising from AI integration, and the extent to which existing legal frameworks accommodate AI-generated awards. Employing a multidisciplinary approach that includes legal scholarship, case studies, and technological research, the analysis examines the practical implications of AI in arbitration and the specific enforcement challenges of AI-generated awards. The article concludes with recommendations for regulatory reforms and the adoption of hybrid AI-human models to balance technological benefits with the necessity for human oversight and ethical accountability.</p>\u0000 </div>","PeriodicalId":39736,"journal":{"name":"Conflict Resolution Quarterly","volume":"42 4","pages":"523-534"},"PeriodicalIF":1.0,"publicationDate":"2025-01-09","publicationTypes":"Journal Article","fieldsOfStudy":null,"isOpenAccess":false,"openAccessPdf":"","citationCount":null,"resultStr":null,"platform":"Semanticscholar","paperid":"144197347","PeriodicalName":null,"FirstCategoryId":null,"ListUrlMain":null,"RegionNum":0,"RegionCategory":"","ArticlePicture":[],"TitleCN":null,"AbstractTextCN":null,"PMCID":"","EPubDate":null,"PubModel":null,"JCR":null,"JCRName":null,"Score":null,"Total":0}
引用次数: 0
Exploring Economic Conflict Through the Gravitational Field Model of Trade: Markets, Wars, and Instability 通过贸易引力场模型探索经济冲突:市场、战争和不稳定
IF 1
Conflict Resolution Quarterly Pub Date : 2025-01-08 DOI: 10.1002/crq.21455
Luigi Capoani, Alexandru Tudorache, Alessandro Barlese
{"title":"Exploring Economic Conflict Through the Gravitational Field Model of Trade: Markets, Wars, and Instability","authors":"Luigi Capoani,&nbsp;Alexandru Tudorache,&nbsp;Alessandro Barlese","doi":"10.1002/crq.21455","DOIUrl":"https://doi.org/10.1002/crq.21455","url":null,"abstract":"<p>Building on Walter Isard's location and gravity theories in economics, we extend his trade model to better understand its core principles, including commercial attraction, center of gravity in markets, and favorable location for exporting firms. This extended model highlights the importance of trade agreements, free trade zones, and markets for national development. Additionally, we incorporate concepts of peace and conflicts in economics, applying these to trade and integrating them with the idea of gravitational fields in economics. Regarding this, we develop an analysis based on NUTS2. Our refined theory of conflict for markets suggests that competing states can develop either military or political strategies to counteract the positive effects of their adversaries' markets and international trade.</p>","PeriodicalId":39736,"journal":{"name":"Conflict Resolution Quarterly","volume":"42 4","pages":"507-521"},"PeriodicalIF":1.0,"publicationDate":"2025-01-08","publicationTypes":"Journal Article","fieldsOfStudy":null,"isOpenAccess":false,"openAccessPdf":"https://onlinelibrary.wiley.com/doi/epdf/10.1002/crq.21455","citationCount":null,"resultStr":null,"platform":"Semanticscholar","paperid":"144197416","PeriodicalName":null,"FirstCategoryId":null,"ListUrlMain":null,"RegionNum":0,"RegionCategory":"","ArticlePicture":[],"TitleCN":null,"AbstractTextCN":null,"PMCID":"OA","EPubDate":null,"PubModel":null,"JCR":null,"JCRName":null,"Score":null,"Total":0}
引用次数: 0
What Is Transformative Dialogue and How Does It Bring About Transformation? A Commentary to Florian Bekkers' Article “Is Transformative Dialogue a Possible and Justifiable Intervention for Resolving Intractable Conflicts?” 什么是变革对话,它如何带来变革?Florian Bekkers文章《变革对话是解决棘手冲突的一种可能和合理的干预吗?》
IF 1
Conflict Resolution Quarterly Pub Date : 2025-01-06 DOI: 10.1002/crq.21465
Erik Cleven
{"title":"What Is Transformative Dialogue and How Does It Bring About Transformation? A Commentary to Florian Bekkers' Article “Is Transformative Dialogue a Possible and Justifiable Intervention for Resolving Intractable Conflicts?”","authors":"Erik Cleven","doi":"10.1002/crq.21465","DOIUrl":"https://doi.org/10.1002/crq.21465","url":null,"abstract":"<div>\u0000 \u0000 <p>In his article “Is Transformative Dialogue a possible and justifiable intervention for resolving intractable conflicts?” Florian Bekkers discusses three processes that have all been referred to as Transformative Dialogue. In this commentary the author claims that these processes are in fact fundamentally different and that one of the ways they differ is in how they use theory and what guides the action of interveners in each approach. Most conflict theories are meant to explain conflict behavior rather than guide the decisions of interveners, which are instead based on implicit and unspoken assumptions. Clarifying the assumptions of interveners would do much to both highlight salient differences between approaches and to address critical questions of ethics which Bekkers raises in his article. Transformative Dialogue building on the premises of Transformative Mediation is nondirective and the transformation achieved is based on the fact that participants make key decisions about dialogue and how to relate to others themselves.</p>\u0000 </div>","PeriodicalId":39736,"journal":{"name":"Conflict Resolution Quarterly","volume":"42 4","pages":"503-505"},"PeriodicalIF":1.0,"publicationDate":"2025-01-06","publicationTypes":"Journal Article","fieldsOfStudy":null,"isOpenAccess":false,"openAccessPdf":"","citationCount":null,"resultStr":null,"platform":"Semanticscholar","paperid":"144197199","PeriodicalName":null,"FirstCategoryId":null,"ListUrlMain":null,"RegionNum":0,"RegionCategory":"","ArticlePicture":[],"TitleCN":null,"AbstractTextCN":null,"PMCID":"","EPubDate":null,"PubModel":null,"JCR":null,"JCRName":null,"Score":null,"Total":0}
引用次数: 0
The Shift to Virtual: A Mediator/Program Administrator's Perspective 向虚拟的转变:一个调解员/程序管理员的观点
IF 1
Conflict Resolution Quarterly Pub Date : 2025-01-02 DOI: 10.1002/crq.21467
Margaret Crowley
{"title":"The Shift to Virtual: A Mediator/Program Administrator's Perspective","authors":"Margaret Crowley","doi":"10.1002/crq.21467","DOIUrl":"https://doi.org/10.1002/crq.21467","url":null,"abstract":"<div>\u0000 \u0000 <p>The COVID-19 global pandemic thrust conflict resolution into the virtual world. This article is a reflection on the shift from in person to virtual mediation, lessons learned, and predictions for the future of the field.</p>\u0000 </div>","PeriodicalId":39736,"journal":{"name":"Conflict Resolution Quarterly","volume":"42 4","pages":"495-498"},"PeriodicalIF":1.0,"publicationDate":"2025-01-02","publicationTypes":"Journal Article","fieldsOfStudy":null,"isOpenAccess":false,"openAccessPdf":"","citationCount":null,"resultStr":null,"platform":"Semanticscholar","paperid":"144197261","PeriodicalName":null,"FirstCategoryId":null,"ListUrlMain":null,"RegionNum":0,"RegionCategory":"","ArticlePicture":[],"TitleCN":null,"AbstractTextCN":null,"PMCID":"","EPubDate":null,"PubModel":null,"JCR":null,"JCRName":null,"Score":null,"Total":0}
引用次数: 0
“Yes, This Is Still Circle”: Circle-Keeping Online During COVID—An Interview with Kay Pranis and Becky McCammon “是的,这仍然是一个圈子”:在covid - 19期间保持在线——对凯·普拉尼斯和贝基·麦卡蒙的采访
IF 1
Conflict Resolution Quarterly Pub Date : 2025-01-02 DOI: 10.1002/crq.21468
Jill Strauss
{"title":"“Yes, This Is Still Circle”: Circle-Keeping Online During COVID—An Interview with Kay Pranis and Becky McCammon","authors":"Jill Strauss","doi":"10.1002/crq.21468","DOIUrl":"https://doi.org/10.1002/crq.21468","url":null,"abstract":"<div>\u0000 \u0000 <p>This Practice Note is an interview with leading Circle-keepers Kay Pranis and Becky McCammon about their experiences facilitating Talking Circles virtually during COVID. They describe their respective leaps into the unknown of online Circle to meet peoples' need for community at a time when we could not gather together in person and how they each managed during that time of uncertainty. The conversation was edited for length and clarity in which they discussed the needs of restorative justice practitioners and others for relational support and how they worked to meet the need. What they both learned is that while there were some challenges, there were also many unanticipated opportunities and benefits discovered in the process of adapting to virtual Circles. This retrospective interview documents how practitioners adapted quickly during a pandemic in response to the need to be in the community when we could not meet in person.</p>\u0000 </div>","PeriodicalId":39736,"journal":{"name":"Conflict Resolution Quarterly","volume":"42 4","pages":"499-502"},"PeriodicalIF":1.0,"publicationDate":"2025-01-02","publicationTypes":"Journal Article","fieldsOfStudy":null,"isOpenAccess":false,"openAccessPdf":"","citationCount":null,"resultStr":null,"platform":"Semanticscholar","paperid":"144197262","PeriodicalName":null,"FirstCategoryId":null,"ListUrlMain":null,"RegionNum":0,"RegionCategory":"","ArticlePicture":[],"TitleCN":null,"AbstractTextCN":null,"PMCID":"","EPubDate":null,"PubModel":null,"JCR":null,"JCRName":null,"Score":null,"Total":0}
引用次数: 0
Practice Note: “I'm Sorry”, Said ChatGPT: Without a Self and Without Remorse—Useful for Conflict Resolution Nonetheless? A Case Study on Apologies in Mediation 练习笔记:“我很抱歉”,说ChatGPT:没有自我,没有悔恨——对解决冲突有用吗?调解中的道歉个案研究
IF 1
Conflict Resolution Quarterly Pub Date : 2024-12-31 DOI: 10.1002/crq.21460
Kirsten Schroeter
{"title":"Practice Note: “I'm Sorry”, Said ChatGPT: Without a Self and Without Remorse—Useful for Conflict Resolution Nonetheless? A Case Study on Apologies in Mediation","authors":"Kirsten Schroeter","doi":"10.1002/crq.21460","DOIUrl":"https://doi.org/10.1002/crq.21460","url":null,"abstract":"<p>In this case study of a conversation with ChatGPT on the dynamics of apologies in mediation in general – and also about the dynamic of apologies within our conversation – I present my preliminary reflections on the potential and the limitations of using AI as a practitioner and teacher of conflict resolution: Does talking to a chatbot satisfy the expectation of a cognitively interesting (even inspiring) and factually appropriate exchange on a professional level? Does the communication as a process fulfill basic requirements to a useful professional exchange? From the analysis of this case and based on excerpts of the exchange, it seems reasonable to expect the possibility of a fairly meaningful and interesting exchange on relevant professional topics in conflict resolution – as long as one is willing and able to apply what I would term the “Triple P in dealing with ChatGPT”: Precision, proficiency, and perseverance.</p>","PeriodicalId":39736,"journal":{"name":"Conflict Resolution Quarterly","volume":"42 4","pages":"489-494"},"PeriodicalIF":1.0,"publicationDate":"2024-12-31","publicationTypes":"Journal Article","fieldsOfStudy":null,"isOpenAccess":false,"openAccessPdf":"https://onlinelibrary.wiley.com/doi/epdf/10.1002/crq.21460","citationCount":null,"resultStr":null,"platform":"Semanticscholar","paperid":"144197532","PeriodicalName":null,"FirstCategoryId":null,"ListUrlMain":null,"RegionNum":0,"RegionCategory":"","ArticlePicture":[],"TitleCN":null,"AbstractTextCN":null,"PMCID":"OA","EPubDate":null,"PubModel":null,"JCR":null,"JCRName":null,"Score":null,"Total":0}
引用次数: 0
Crisis Management and Resilience Building Through the Women in Red Protest: The Handmaid's Tale Performances in Response to Israel's Judicial Overhaul 红色抗议中的女性危机管理与韧性建设:《使女的故事》对以色列司法改革的回应
IF 1
Conflict Resolution Quarterly Pub Date : 2024-12-27 DOI: 10.1002/crq.21466
Rachelly Ashwall-Yakar, Oriana Abboud Armaly, Smadar Bracha, Hadar Hashash
{"title":"Crisis Management and Resilience Building Through the Women in Red Protest: The Handmaid's Tale Performances in Response to Israel's Judicial Overhaul","authors":"Rachelly Ashwall-Yakar,&nbsp;Oriana Abboud Armaly,&nbsp;Smadar Bracha,&nbsp;Hadar Hashash","doi":"10.1002/crq.21466","DOIUrl":"https://doi.org/10.1002/crq.21466","url":null,"abstract":"<p>This paper examines the resilience building and public crisis management led by the “Building an Alternative” feminine NGO in Israel during the 2023 mass demonstrations against the judicial overhaul. The proposed judicial overhaul was perceived as a threat to both democratic foundations and women's rights in Israel. Raising awareness of women's rights through the “Women in Red” (WIR) protest using the “Handmaid's Tale” Parades was instrumental in restraining the planned reform's potential negative outcomes. The study discusses the importance of identifying a potential threat and using a crisis management approach through public performances to address it. We investigated the nature of the protest activity to assess its effectiveness, from the public perspective, in building resilience and raising awareness of women's rights issues. These issues were examined by an online questionnaire (<i>N</i> = 185) addressing attitudes regarding the protest. The results of the study show an increased awareness and engagement with women's rights issues, which was attributed to WIR protest efforts. The use of prominent visuals in the WIR protest led by the organization directly contributed to its ability to build resilience for women's rights and to enhance understanding of the potential threats of judicial overhaul among the Israeli public. This study emphasizes propaganda's role in women's protests as a significant tool for building resilience. It also stretches the boundaries of crisis management models by revealing an integration of pre-crisis and response phases in the “Women in Red” protest.</p>","PeriodicalId":39736,"journal":{"name":"Conflict Resolution Quarterly","volume":"42 4","pages":"475-487"},"PeriodicalIF":1.0,"publicationDate":"2024-12-27","publicationTypes":"Journal Article","fieldsOfStudy":null,"isOpenAccess":false,"openAccessPdf":"https://onlinelibrary.wiley.com/doi/epdf/10.1002/crq.21466","citationCount":null,"resultStr":null,"platform":"Semanticscholar","paperid":"144197038","PeriodicalName":null,"FirstCategoryId":null,"ListUrlMain":null,"RegionNum":0,"RegionCategory":"","ArticlePicture":[],"TitleCN":null,"AbstractTextCN":null,"PMCID":"OA","EPubDate":null,"PubModel":null,"JCR":null,"JCRName":null,"Score":null,"Total":0}
引用次数: 0
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