亚历克斯·贝茨史密斯:《提高国际律师在法治和过渡时期司法项目中的有效性》

Louise Mallinder
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引用次数: 0

摘要

几十年来,提高个人效率一直是商界的热门话题。然而,在过渡时期司法和法治中,有效性只是最近才成为一个感兴趣的话题,因为研究人员调查了国际法律干预成功和失败的原因。本文从行为者本身- -国际律师- -的角度考察了法治和过渡时期司法干预措施的有效性问题,特别是当他们与国家同行合作以实现其目标时。该报告分析了国际律师在个人层面上跨文化效率的障碍。然后,本文的主要部分侧重于具体的知识,技能和价值观,通过这些知识,国际律师可能能够优化自己的跨文化效率。我们特别强调,在到另一个国家开始工作之前,有必要进行全面的事实介绍,需要有效的跨文化沟通和组织技能,以及采取灵活态度和了解个人和专业局限性的重要性。我们还将讨论聘请国际律师的机构如何采取具体的实际步骤,通过帮助其员工和顾问提高跨文化效率,提高干预措施的成功率。本文的方法是定性的,50多名具有国际干预工作经验的律师被调查了他们对工作场所有效性的个人反思。该文件的作者还借鉴了他在国际刑法、过渡时期司法和法治发展领域工作了十多年的自己的经验以及与国际和国内同事的讨论。这份报告是作为律师、冲突和过渡项目的一部分委托编写的,该项目是由经济和社会研究委员会资助的一项为期三年的倡议,由贝尔法斯特女王大学法学院和过渡时期司法研究所合作开展。
本文章由计算机程序翻译,如有差异,请以英文原文为准。
Alex Batesmith, Improving the Effectiveness of International Lawyers in Rule of Law and Transitional Justice Projects
Improving personal effectiveness has been a popular subject for many decades in the business world. However, in transitional justice and rule of law, effectiveness has only relatively recently been a topic of interest, as researchers investigate reasons why international legal interventions succeed and why they fail. This paper examines the issue of effectiveness of rule of law and transitional justice interventions from the perspective of the actors themselves – the international lawyers – especially as they work with their national counterparts to achieve their objectives. The report analyses the barriers to intercultural effectiveness at the individual level for international lawyers. The main part of this paper then focuses on the specific knowledge, skills and values through which an international lawyer may be able to optimise their own intercultural effectiveness. In particular, we highlight the desirability of a full factual briefing before starting work in a different country, the need for effective intercultural communication and organisational skills and the importance of adopting a flexible attitude and an understanding of one’s personal and professional limitations. We will also discuss how institutions hiring international lawyers can take also concrete practical steps to improve the success of interventions, by helping their staff and consultants to become more interculturally effective.The methodology for this paper is qualitative and more than fifty lawyers with experience working in international interventions were surveyed for their personal reflections on effectiveness in their workplace. The author of the paper has also drawn on his own experiences and discussions with both international and national colleagues, having spent more than ten years working in the field of international criminal law, transitional justice and rule of law development.This report was commissioned as part of the Lawyers, Conflict & Transition project – a three-year initiative funded by the Economic & Social Research Council that is run in partnership between the School of Law, Queen’s University Belfast and the Transitional Justice Institute.
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