Confidentiality has long been part of the mythology of Alternative dispute resolution (ADR). It one of the apparent virtues of ADR is that its processes have been viewed as confidential. This aspect of the mythology has come under more scrutiny in recent years, particularly in the Arbitration Context . Arbitration has become a permanent fixture of the landscape of civil justice. Arbitration is promoted as a “private” or “confidential” process, raising some moral and perhaps ethical obligations on the part of the profession to be candid with consumers as to the meaning and limitations of arbitration confidentiality. Such candor is important because courts have begun to receive challenges to arbitration confidentiality, and more can be expected in the future as both voluntary and mandatory arbitration continue to expand and become more institutionalized.
{"title":"Confidentiality in Arbitration","authors":"Varsha Rajora","doi":"10.2139/ssrn.1572221","DOIUrl":"https://doi.org/10.2139/ssrn.1572221","url":null,"abstract":"Confidentiality has long been part of the mythology of Alternative dispute resolution (ADR). It one of the apparent virtues of ADR is that its processes have been viewed as confidential. This aspect of the mythology has come under more scrutiny in recent years, particularly in the Arbitration Context . Arbitration has become a permanent fixture of the landscape of civil justice. Arbitration is promoted as a “private” or “confidential” process, raising some moral and perhaps ethical obligations on the part of the profession to be candid with consumers as to the meaning and limitations of arbitration confidentiality. Such candor is important because courts have begun to receive challenges to arbitration confidentiality, and more can be expected in the future as both voluntary and mandatory arbitration continue to expand and become more institutionalized.","PeriodicalId":127641,"journal":{"name":"ERN: Conflict; Conflict Resolution; Alliances (Topic)","volume":"25 1","pages":"0"},"PeriodicalIF":0.0,"publicationDate":"2010-03-16","publicationTypes":"Journal Article","fieldsOfStudy":null,"isOpenAccess":false,"openAccessPdf":"","citationCount":null,"resultStr":null,"platform":"Semanticscholar","paperid":"115880401","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}
Pub Date : 2010-02-15DOI: 10.1111/J.1468-0386.2009.00504.X
L. Bellucci
This article deals with the cultural welfare concerning cinema, a medium capable of both painting and shaping society. It aims to investigate the impact of the European integration on national film promotional law, by studying the European Commission decision-making practice in the field of State aid to cinematographic works. The analysis shows that this practice can be understood in two main phases that are delineated by the adoption of specific criteria. These criteria are explored by highlighting the most elucidating cases. Furthermore, this analysis discloses two relevant conflicts: within the Commission itself and between the Commission and the Member States. Particular emphasis is placed on the latter, which is explored with regard to: the European national film agencies' polarisation of the conflict, the main form of dispute settlement adopted by the Commission, and the legal obligations imposed by Member States upon TV broadcasters to invest in audiovisual1 production. The analysis ends with an evaluation of the above-mentioned impact and a few remarks on some unresolved issues related to the conflict between the Commission and the Member States.
{"title":"National Support for Film Production in the EU: An Analysis of the Commission Decision-Making Practice","authors":"L. Bellucci","doi":"10.1111/J.1468-0386.2009.00504.X","DOIUrl":"https://doi.org/10.1111/J.1468-0386.2009.00504.X","url":null,"abstract":"This article deals with the cultural welfare concerning cinema, a medium capable of both painting and shaping society. It aims to investigate the impact of the European integration on national film promotional law, by studying the European Commission decision-making practice in the field of State aid to cinematographic works. The analysis shows that this practice can be understood in two main phases that are delineated by the adoption of specific criteria. These criteria are explored by highlighting the most elucidating cases. Furthermore, this analysis discloses two relevant conflicts: within the Commission itself and between the Commission and the Member States. Particular emphasis is placed on the latter, which is explored with regard to: the European national film agencies' polarisation of the conflict, the main form of dispute settlement adopted by the Commission, and the legal obligations imposed by Member States upon TV broadcasters to invest in audiovisual1 production. The analysis ends with an evaluation of the above-mentioned impact and a few remarks on some unresolved issues related to the conflict between the Commission and the Member States.","PeriodicalId":127641,"journal":{"name":"ERN: Conflict; Conflict Resolution; Alliances (Topic)","volume":"53 1","pages":"0"},"PeriodicalIF":0.0,"publicationDate":"2010-02-15","publicationTypes":"Journal Article","fieldsOfStudy":null,"isOpenAccess":false,"openAccessPdf":"","citationCount":null,"resultStr":null,"platform":"Semanticscholar","paperid":"117805903","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}
Most aid spending by governments seeking to rebuild social and political order is based on an opportunity-cost theory of distracting potential recruits. The logic is that gainfully employed young men are less likely to participate in political violence, implying a positive correlation between unemployment and violence in locations with active insurgencies. We test that prediction in Afghanistan, Iraq and the Philippines, using survey data on unemployment and two newly-available measures of insurgency: (1) attacks against government and allied forces; and (2) violence that kills civilians. Contrary to the opportunity-cost theory, the data emphatically reject a positive correlation between unemployment and attacks against government and allied forces (p
{"title":"Do Working Men Rebel? Insurgency and Unemployment in Iraq and the Philippines","authors":"E. Berman, Joseph H. Felter, Jacob N. Shapiro","doi":"10.3386/W15547","DOIUrl":"https://doi.org/10.3386/W15547","url":null,"abstract":"Most aid spending by governments seeking to rebuild social and political order is based on an opportunity-cost theory of distracting potential recruits. The logic is that gainfully employed young men are less likely to participate in political violence, implying a positive correlation between unemployment and violence in locations with active insurgencies. We test that prediction in Afghanistan, Iraq and the Philippines, using survey data on unemployment and two newly-available measures of insurgency: (1) attacks against government and allied forces; and (2) violence that kills civilians. Contrary to the opportunity-cost theory, the data emphatically reject a positive correlation between unemployment and attacks against government and allied forces (p","PeriodicalId":127641,"journal":{"name":"ERN: Conflict; Conflict Resolution; Alliances (Topic)","volume":"186 1","pages":"0"},"PeriodicalIF":0.0,"publicationDate":"2009-11-01","publicationTypes":"Journal Article","fieldsOfStudy":null,"isOpenAccess":false,"openAccessPdf":"","citationCount":null,"resultStr":null,"platform":"Semanticscholar","paperid":"132550998","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}
Pub Date : 2007-12-01DOI: 10.1108/19852510780001577
Radiah Othman, Jamaliah Said
Public sector site is always known for its continuous games of power and control. Public managers often use control to enhance their power and to legitimise their actions. Empirical evidence showed that during the process of implementing accounting information system (AIS), the management adopted various strategies in securing accountants’ participation such as offering accountants to be part in the implementation process as change agents and change champions. Participation is seen as a mechanism to mitigate resistance and to cement commitment of the accountants to the new AIS which would ultimately produce “consent”. Theoretically, this paper is informed by Tannenbaum & Kahn (1957) contribution to organizational control structure, especially their idea that the total amount of control within an organization can be increased by emphasising decision-making among different organizational members. Nonetheless, this paper argues that multilevel conflicts need to be resolved before participation can be secured and ultimately management control can be enhanced in organizations. The significance of participation in resolving conflicts in the public sector has been under researched and this deficiency remains the focus of this paper. Case studies were conducted in four Malaysian public sector organizations where the interplay of participation, control and conflict were observed and suggestions are proposed for future research.
{"title":"Enhancing Control through Participation: Issues of Conflict in Public Sector Organizations","authors":"Radiah Othman, Jamaliah Said","doi":"10.1108/19852510780001577","DOIUrl":"https://doi.org/10.1108/19852510780001577","url":null,"abstract":"Public sector site is always known for its continuous games of power and control. Public managers often use control to enhance their power and to legitimise their actions. Empirical evidence showed that during the process of implementing accounting information system (AIS), the management adopted various strategies in securing accountants’ participation such as offering accountants to be part in the implementation process as change agents and change champions. Participation is seen as a mechanism to mitigate resistance and to cement commitment of the accountants to the new AIS which would ultimately produce “consent”. Theoretically, this paper is informed by Tannenbaum & Kahn (1957) contribution to organizational control structure, especially their idea that the total amount of control within an organization can be increased by emphasising decision-making among different organizational members. Nonetheless, this paper argues that multilevel conflicts need to be resolved before participation can be secured and ultimately management control can be enhanced in organizations. The significance of participation in resolving conflicts in the public sector has been under researched and this deficiency remains the focus of this paper. Case studies were conducted in four Malaysian public sector organizations where the interplay of participation, control and conflict were observed and suggestions are proposed for future research.","PeriodicalId":127641,"journal":{"name":"ERN: Conflict; Conflict Resolution; Alliances (Topic)","volume":"15 1","pages":"0"},"PeriodicalIF":0.0,"publicationDate":"2007-12-01","publicationTypes":"Journal Article","fieldsOfStudy":null,"isOpenAccess":false,"openAccessPdf":"","citationCount":null,"resultStr":null,"platform":"Semanticscholar","paperid":"134510688","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}
The need to assure greater human security in a world exposed to the dangers of terrorism and civil wars; the necessity of pooling economic endeavour and consolidating markets and generating economic growth in poverty stricken communities; and the imperatives of preserving dwindling resources in a menaced global environment; all these seem to preoccupy many across the globe. For these reasons, among others, the logic of unions of one kind or another, be they sub-regional, regional or continental, dominate contemporary policy debates at national, regional and global levels. Consequently the very suggestion that the dream of a United States of Africa should be afforded further serious consideration is, despite the numerous practical obstacles to its realisation, in itself considered to be a laudable idea.Indeed, this idea of African unity has evolved substantially: from the challenges of newly independent states to the imperatives of continent-wide unity, the transformation in global and continental realities has not necessarily been matched by concomitant institutional infrastructure on the continent. The transition from the much criticised Organisation of African Unity (OAU) to the African Union (AU) and its associated programmes such as the New Partnership for Africa’s Development (NEPAD) and African Peer Review Mechanism (APRM) was widely celebrated. Nevertheless, the desire for a more appropriate entity that can best confront the challenges of the modern world, arising from perceived inadequacies of the current initiatives, has remained alive. The present debate about the possibility of a United States of Africa is premised on these realities.The purpose of this paper is twofold: first, to offer some insights into the challenges inherent in the practical implementation of this idea with respect to two institutions integral to the notion of a United States of Africa, namely the African Parliament and African Court of Justice, and second, to offer some suggestions, informed by comparative experiences of the EU and US, on what reforms may need to be undertaken with respect to these institutions and what other supporting institutional framework would render the dream a reality.
{"title":"United States of Africa: Positioning the Pan-African Parliament and Court in the Political Union Debate","authors":"G. Musila","doi":"10.2139/ssrn.2593597","DOIUrl":"https://doi.org/10.2139/ssrn.2593597","url":null,"abstract":"The need to assure greater human security in a world exposed to the dangers of terrorism and civil wars; the necessity of pooling economic endeavour and consolidating markets and generating economic growth in poverty stricken communities; and the imperatives of preserving dwindling resources in a menaced global environment; all these seem to preoccupy many across the globe. For these reasons, among others, the logic of unions of one kind or another, be they sub-regional, regional or continental, dominate contemporary policy debates at national, regional and global levels. Consequently the very suggestion that the dream of a United States of Africa should be afforded further serious consideration is, despite the numerous practical obstacles to its realisation, in itself considered to be a laudable idea.Indeed, this idea of African unity has evolved substantially: from the challenges of newly independent states to the imperatives of continent-wide unity, the transformation in global and continental realities has not necessarily been matched by concomitant institutional infrastructure on the continent. The transition from the much criticised Organisation of African Unity (OAU) to the African Union (AU) and its associated programmes such as the New Partnership for Africa’s Development (NEPAD) and African Peer Review Mechanism (APRM) was widely celebrated. Nevertheless, the desire for a more appropriate entity that can best confront the challenges of the modern world, arising from perceived inadequacies of the current initiatives, has remained alive. The present debate about the possibility of a United States of Africa is premised on these realities.The purpose of this paper is twofold: first, to offer some insights into the challenges inherent in the practical implementation of this idea with respect to two institutions integral to the notion of a United States of Africa, namely the African Parliament and African Court of Justice, and second, to offer some suggestions, informed by comparative experiences of the EU and US, on what reforms may need to be undertaken with respect to these institutions and what other supporting institutional framework would render the dream a reality.","PeriodicalId":127641,"journal":{"name":"ERN: Conflict; Conflict Resolution; Alliances (Topic)","volume":"17 1","pages":"0"},"PeriodicalIF":0.0,"publicationDate":"2007-06-01","publicationTypes":"Journal Article","fieldsOfStudy":null,"isOpenAccess":false,"openAccessPdf":"","citationCount":null,"resultStr":null,"platform":"Semanticscholar","paperid":"129818037","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}
Commissioned by ODI and CPRC, this overview and annotated bibliography review the multi-disciplinary literature on the impact of conflict on the intergenerational transmission (IGT) of chronic poverty. It addresses the following issues: the mechanisms by which conflict causes poverty; the duration of the resulting poverty; the likelihood that poverty will be transmitted intergenerationally; the types of conflicts that generate poverty; and the households and individuals most affected by conflict-related poverty. The mechanisms through which conflict drives households and individuals within those households into poverty are mapped onto the livelihoods framework. In this report we focus on the impact of conflict on civilians; we do not address the recruitment, disarmament, demobilization and reintegration of combatants. We conclude that it is likely that conflict is a contributory factor in the intergenerational transmission of chronic poverty, primarily because it can irreversibly disrupt the provision of basic goods and services like food, healthcare and education at vulnerable moments (‘tipping points’) in the life-course of individuals. The overview concludes with a brief analysis of the problem of endogeneity in the study of conflict and chronic poverty and highlights methodological challenges.
{"title":"The Impact of Conflict on the Intergenerational Transmission of Chronic Poverty: An Overview and Annotated Bibliography.","authors":"M. B. Orero, C. Heime, S. Cutler, S. Mohaupt","doi":"10.2139/ssrn.1753025","DOIUrl":"https://doi.org/10.2139/ssrn.1753025","url":null,"abstract":"Commissioned by ODI and CPRC, this overview and annotated bibliography review the multi-disciplinary literature on the impact of conflict on the intergenerational transmission (IGT) of chronic poverty. It addresses the following issues: the mechanisms by which conflict causes poverty; the duration of the resulting poverty; the likelihood that poverty will be transmitted intergenerationally; the types of conflicts that generate poverty; and the households and individuals most affected by conflict-related poverty. The mechanisms through which conflict drives households and individuals within those households into poverty are mapped onto the livelihoods framework. In this report we focus on the impact of conflict on civilians; we do not address the recruitment, disarmament, demobilization and reintegration of combatants. We conclude that it is likely that conflict is a contributory factor in the intergenerational transmission of chronic poverty, primarily because it can irreversibly disrupt the provision of basic goods and services like food, healthcare and education at vulnerable moments (‘tipping points’) in the life-course of individuals. The overview concludes with a brief analysis of the problem of endogeneity in the study of conflict and chronic poverty and highlights methodological challenges.","PeriodicalId":127641,"journal":{"name":"ERN: Conflict; Conflict Resolution; Alliances (Topic)","volume":"94 1","pages":"0"},"PeriodicalIF":0.0,"publicationDate":"2007-03-01","publicationTypes":"Journal Article","fieldsOfStudy":null,"isOpenAccess":false,"openAccessPdf":"","citationCount":null,"resultStr":null,"platform":"Semanticscholar","paperid":"115633158","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}
This paper reports the results of a systematic experimental comparison of the effect of alternative arbitration systems on dispute rates. The key to our experimental design is the use of a common underlying distribution of arbitrator "fair" awards in the different arbitration systems. This allows us to compare dispute rates across different arbitration procedures where we hold fixed the amount of objective underlying uncertainty about the arbitration awards. There are three main findings. First, dispute rates are inversely related to the monetary costs of disputes. Dispute rates were much lower in cases where arbitration was not available so that the entire pie was lost in the event of a dispute. This confirms the empirical importance of the so-called "chilling effect" on bargaining that has been conjectured is produced by the adoption of arbitration systems. Second, the dispute rate in a final-offer arbitration system is at least as high as the dispute rate in a comparable conventional arbitration system. Contrary to the usual argument, we find no evidence that final-offer arbitration eliminates the chilling effect. Third, dispute rates are inversely related to the uncertainty costs of disputes. Dispute rates were lower in conventional arbitration treatments where the variance of the arbitration award was higher and imposed greater costs on risk-averse negotiators. Our results can also be interpreted as providing tentative evidence that the negotiators were risk-averse on average. Finally, we find general agreement between the dispute rates in our experiment and dispute rates found in the field in comparable settings.
{"title":"An Experimental Comparison of Dispute Rates in Alternative Arbitration Systems","authors":"O. Ashenfelter, J. Currie, H. Farber, M. Spiegel","doi":"10.3386/W3417","DOIUrl":"https://doi.org/10.3386/W3417","url":null,"abstract":"This paper reports the results of a systematic experimental comparison of the effect of alternative arbitration systems on dispute rates. The key to our experimental design is the use of a common underlying distribution of arbitrator \"fair\" awards in the different arbitration systems. This allows us to compare dispute rates across different arbitration procedures where we hold fixed the amount of objective underlying uncertainty about the arbitration awards. There are three main findings. First, dispute rates are inversely related to the monetary costs of disputes. Dispute rates were much lower in cases where arbitration was not available so that the entire pie was lost in the event of a dispute. This confirms the empirical importance of the so-called \"chilling effect\" on bargaining that has been conjectured is produced by the adoption of arbitration systems. Second, the dispute rate in a final-offer arbitration system is at least as high as the dispute rate in a comparable conventional arbitration system. Contrary to the usual argument, we find no evidence that final-offer arbitration eliminates the chilling effect. Third, dispute rates are inversely related to the uncertainty costs of disputes. Dispute rates were lower in conventional arbitration treatments where the variance of the arbitration award was higher and imposed greater costs on risk-averse negotiators. Our results can also be interpreted as providing tentative evidence that the negotiators were risk-averse on average. Finally, we find general agreement between the dispute rates in our experiment and dispute rates found in the field in comparable settings.","PeriodicalId":127641,"journal":{"name":"ERN: Conflict; Conflict Resolution; Alliances (Topic)","volume":"10 1","pages":"0"},"PeriodicalIF":0.0,"publicationDate":"1990-08-01","publicationTypes":"Journal Article","fieldsOfStudy":null,"isOpenAccess":false,"openAccessPdf":"","citationCount":null,"resultStr":null,"platform":"Semanticscholar","paperid":"123788039","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}
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