There has been a close relationship between conflict, peace, development and sport. The use of sports for international and intra-state conflict analysis and peacebuilding proposes has become an important study subject in the 21st century. Sport can be associated with intolerance, nationalistic sentiments, and, most of time, violence. It is also true that international sport events may cause conflicts, violence, aggression and controversies (Öğretir-Özçelik, 2017). According to sport and olympic ideology, the main function of international sport is to promote international peace and development. It can be also used for a tool for societal change and social transformation. Since the ancient time, sport activities has related to the simulation of struggle between two conflicting parties and the civilized war. This study aims to analyze the link between international and intra-state conflicts, peace and sports. The objective of this paper is to examine the role of sports both conceptually and practically in conflict analysis and peace building. The first part is to present a conceptual framework in the study of sports, conflict resolution, and peace building. Second, it highlights some case studies where sports have an important role in international conflict and a tool for peace and reconciliation. Third, it focuses on the international use of sport and physical activity to attain the culture of peace and development objectives such as the Millennium Development Goals (MDGs). Keywords: Sport, Conflict Resolution, Peace Studies.
{"title":"INTERNATIONAL AND INTRA-STATE CONFLICTS, PEACE AND SPORT TRIANGLE: CONFLICT ANALYSIS, PEACE STUDIES AND SPORT MANAGEMENT APPROACHES","authors":"S. Özçelik","doi":"10.24193/csq.43.2","DOIUrl":"https://doi.org/10.24193/csq.43.2","url":null,"abstract":"There has been a close relationship between conflict, peace, development and sport. The use of sports for international and intra-state conflict analysis and peacebuilding proposes has become an important study subject in the 21st century. Sport can be associated with intolerance, nationalistic sentiments, and, most of time, violence. It is also true that international sport events may cause conflicts, violence, aggression and controversies (Öğretir-Özçelik, 2017). According to sport and olympic ideology, the main function of international sport is to promote international peace and development. It can be also used for a tool for societal change and social transformation. Since the ancient time, sport activities has related to the simulation of struggle between two conflicting parties and the civilized war. This study aims to analyze the link between international and intra-state conflicts, peace and sports. The objective of this paper is to examine the role of sports both conceptually and practically in conflict analysis and peace building. The first part is to present a conceptual framework in the study of sports, conflict resolution, and peace building. Second, it highlights some case studies where sports have an important role in international conflict and a tool for peace and reconciliation. Third, it focuses on the international use of sport and physical activity to attain the culture of peace and development objectives such as the Millennium Development Goals (MDGs). Keywords: Sport, Conflict Resolution, Peace Studies.","PeriodicalId":55922,"journal":{"name":"Conflict Studies Quarterly","volume":" ","pages":""},"PeriodicalIF":0.3,"publicationDate":"2023-04-05","publicationTypes":"Journal Article","fieldsOfStudy":null,"isOpenAccess":false,"openAccessPdf":"","citationCount":null,"resultStr":null,"platform":"Semanticscholar","paperid":"48512976","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}
Hindu-Muslim conflict and riots in India are enduring intergroup conflicts in south Asia, destabilizing the region for a long time. Despite having federal democracy and secular nationalism in the political system of India, the state and its various technology of power take sides with religious groups abetting the persecution of minority Muslims as religious or ethnic groups. Among the various ethnic groups and communities living in India, Muslims are among the most deprived communities in contemporary times. In the issue of minority conflict, a permanent solution in the federal system of government has become a dream. This paper analyses India’s divergent political systems and state ideology and its failure and success in respective cases to counter communal and ethnic violence. We argue that, rather than focusing on the weakness of the existing political systems of India, the common failure to adequate power sharing can better explain these conflicts and successive persecution of minority Muslims. Keywords: Minority, Conflict, India, Political System, Muslim, Community.
{"title":"INDIA: CONFLICT WITH MINORITIES IN THE CONVENTIONAL POLITICAL SYSTEM. THE STATUS OF MUSLIMS","authors":"Ahmad Sabbir, Abdulla Al MAHMUD, A. Bilgin","doi":"10.24193/csq.43.3","DOIUrl":"https://doi.org/10.24193/csq.43.3","url":null,"abstract":"Hindu-Muslim conflict and riots in India are enduring intergroup conflicts in south Asia, destabilizing the region for a long time. Despite having federal democracy and secular nationalism in the political system of India, the state and its various technology of power take sides with religious groups abetting the persecution of minority Muslims as religious or ethnic groups. Among the various ethnic groups and communities living in India, Muslims are among the most deprived communities in contemporary times. In the issue of minority conflict, a permanent solution in the federal system of government has become a dream. This paper analyses India’s divergent political systems and state ideology and its failure and success in respective cases to counter communal and ethnic violence. We argue that, rather than focusing on the weakness of the existing political systems of India, the common failure to adequate power sharing can better explain these conflicts and successive persecution of minority Muslims. Keywords: Minority, Conflict, India, Political System, Muslim, Community.","PeriodicalId":55922,"journal":{"name":"Conflict Studies Quarterly","volume":" ","pages":""},"PeriodicalIF":0.3,"publicationDate":"2023-04-05","publicationTypes":"Journal Article","fieldsOfStudy":null,"isOpenAccess":false,"openAccessPdf":"","citationCount":null,"resultStr":null,"platform":"Semanticscholar","paperid":"44514467","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}
There are several possible ways to respond to conflict situations as a managerial intervention to solve it. The current understanding of such conflict management strategies was framed without adequately considering indigenous practices. Therefore, the objective of this systematic review was to explore the contributors and determinants of the effectiveness of indigenous conflict management strategies. The findings indicated that factors such as shared dialogue, empowering indigenous structures, symbolic ritual procedures, flexibility, ease, friendliness, compassion, less costless, timeliness, transparency, inclusiveness, adequate interests representation, power sharing, and diversity recognition contributed positively to its effectiveness. Nonetheless, poor language choice and communication barriers, lack of legal empowerment, corrupt behavior of negotiators, and negative attitudes became hindrances to its value. This review identified that indigenous conflict management strategies have valuable managerial application potential in the field of conflict interventions. However, the review was limited to only positive and negative contributors to indigenous conflict management strategies. Keywords: Conflict, Conflict management, Effectiveness, Indigenous strategies, Systematic review
{"title":"INDIGENOUS CONFLICT MANAGEMENT: FACTORS CONTRIBUTING TO THE EFFECTIVENESS OF THE STRATEGIES. A SYSTEMATIC REVIEW","authors":"Shimelis Tamirat, Kenenisa Lemi","doi":"10.24193/csq.43.4","DOIUrl":"https://doi.org/10.24193/csq.43.4","url":null,"abstract":"There are several possible ways to respond to conflict situations as a managerial intervention to solve it. The current understanding of such conflict management strategies was framed without adequately considering indigenous practices. Therefore, the objective of this systematic review was to explore the contributors and determinants of the effectiveness of indigenous conflict management strategies. The findings indicated that factors such as shared dialogue, empowering indigenous structures, symbolic ritual procedures, flexibility, ease, friendliness, compassion, less costless, timeliness, transparency, inclusiveness, adequate interests representation, power sharing, and diversity recognition contributed positively to its effectiveness. Nonetheless, poor language choice and communication barriers, lack of legal empowerment, corrupt behavior of negotiators, and negative attitudes became hindrances to its value. This review identified that indigenous conflict management strategies have valuable managerial application potential in the field of conflict interventions. However, the review was limited to only positive and negative contributors to indigenous conflict management strategies. Keywords: Conflict, Conflict management, Effectiveness, Indigenous strategies, Systematic review","PeriodicalId":55922,"journal":{"name":"Conflict Studies Quarterly","volume":" ","pages":""},"PeriodicalIF":0.3,"publicationDate":"2023-04-05","publicationTypes":"Journal Article","fieldsOfStudy":null,"isOpenAccess":false,"openAccessPdf":"","citationCount":null,"resultStr":null,"platform":"Semanticscholar","paperid":"48601450","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 paper proceeds on the assumption that decoloniality matters in tackling the global climate crisis, conflict, and development at the community level across countries with high vulnerabilities. Africa remains one of the most vulnerable regions in the world. By examining what decolonisation means in climate adaptation and the experience of six communities in three states in the Niger Delta of Nigeria, this article contributes to the conceptualization of the decolonial discourse of climate adaptation, development and conflict understood as conditions favourable to the crisis. I analysed qualitative data obtained from the coastal communities through observation, focus group discussions, and interviews. The results showed a reinforcement of positions in a segment of the literature on decolonial climate adaptation in communities in some parts of the world. Migration, alternative sources of livelihood, embarkment of shorelines, skills development, vocations, and infrastructure development are among legitimate adaptive measures local communities are adopting. At the same time, maladaptive measures such as piracy, kidnapping, illegal oil refining, and gangsterism are common. These antisocial behaviours lead to conflict and contribute to making climate change a very complex problem. Decolonial climate adaptation requires collaborative interventions at the level of the community, sub-national, national, and multilateral fronts. The fact that climate change is a global problem with unequal impact means that the capacity to respond well to it at the community, sub-national, national, regional, continental, and international levels is crucial in addressing the crisis. The role of decoloniality in the handling of the effects of climate change in the community may take the form of integration of local and western knowledge. The decolonial framework would appear to be elastic with a potential conceptual role of critical assessment of existing frameworks, outcomes, impact, and power relations. One of the striking messages in this analysis is the likely role of local knowledge in reducing the risk of social tension and criminal conflict, and the need to strengthen it to increase the resilience and well-being of people. Keywords: Decolonisation, climate, adaptation, development, Africa, Nigeria, coastal communities
{"title":"NIGERIA: DECOLONIAL CLIMATE ADAPTATION AND CONFLICT. EVIDENCE FROM COASTAL COMMUNITIES OF THE NIGER DELTA","authors":"F. Allen","doi":"10.24193/csq.42.1","DOIUrl":"https://doi.org/10.24193/csq.42.1","url":null,"abstract":"The paper proceeds on the assumption that decoloniality matters in tackling the global climate crisis, conflict, and development at the community level across countries with high vulnerabilities. Africa remains one of the most vulnerable regions in the world. By examining what decolonisation means in climate adaptation and the experience of six communities in three states in the Niger Delta of Nigeria, this article contributes to the conceptualization of the decolonial discourse of climate adaptation, development and conflict understood as conditions favourable to the crisis. I analysed qualitative data obtained from the coastal communities through observation, focus group discussions, and interviews. The results showed a reinforcement of positions in a segment of the literature on decolonial climate adaptation in communities in some parts of the world. Migration, alternative sources of livelihood, embarkment of shorelines, skills development, vocations, and infrastructure development are among legitimate adaptive measures local communities are adopting. At the same time, maladaptive measures such as piracy, kidnapping, illegal oil refining, and gangsterism are common. These antisocial behaviours lead to conflict and contribute to making climate change a very complex problem. Decolonial climate adaptation requires collaborative interventions at the level of the community, sub-national, national, and multilateral fronts. The fact that climate change is a global problem with unequal impact means that the capacity to respond well to it at the community, sub-national, national, regional, continental, and international levels is crucial in addressing the crisis. The role of decoloniality in the handling of the effects of climate change in the community may take the form of integration of local and western knowledge. The decolonial framework would appear to be elastic with a potential conceptual role of critical assessment of existing frameworks, outcomes, impact, and power relations. One of the striking messages in this analysis is the likely role of local knowledge in reducing the risk of social tension and criminal conflict, and the need to strengthen it to increase the resilience and well-being of people. Keywords: Decolonisation, climate, adaptation, development, Africa, Nigeria, coastal communities","PeriodicalId":55922,"journal":{"name":"Conflict Studies Quarterly","volume":" ","pages":""},"PeriodicalIF":0.3,"publicationDate":"2023-01-05","publicationTypes":"Journal Article","fieldsOfStudy":null,"isOpenAccess":false,"openAccessPdf":"","citationCount":null,"resultStr":null,"platform":"Semanticscholar","paperid":"46381128","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}
Federally Administered Tribal Areas of Pakistan, a region lying on the boundary between Pakistan’s North-West Frontier Province and southern Afghanistan, controlled by the Federal Government of Pakistan, has been in the public eye following the event of the United States invasion of Afghanistan in 2001. The spate of the rise of militancy and insurgencies in FATA currently poses a serious threat to the political stability of Pakistan and Afghanistan respectively. Relying on the documentary methods of data collection and analysis, therefore, this study argues that the major factor underlying the prevailing militancy in FATA is the deep-seated political and socio-economic marginalization of the region. The study thus recommends, among other measures, that the Government of Pakistan needs to expedite actions to initiate and implement deliberate and well articulated holistic reforms to bring the region into the mainstream of Pakistan’s socio economic and political developmental agenda. The study concludes that the intentional and proper adoption and application of these measures would be a realistic way of ending the militancy and insurgency in FATA and achieving lasting peace in the region and Pakistan as a whole. Keywords: Governance/Politics, Economy, Marginalization, FATA, Militancy, Religion.
{"title":"PAKISTAN: AXING THE ROOTS. POLITICAL AND ECONOMIC MARGINALIZATION AND RISE OF MILITANCY IN PAKISTAN’S FEDERALLY ADMINISTERED TRIBAL AREAS","authors":"Solomon I. Ifejika","doi":"10.24193/csq.42.3","DOIUrl":"https://doi.org/10.24193/csq.42.3","url":null,"abstract":"Federally Administered Tribal Areas of Pakistan, a region lying on the boundary between Pakistan’s North-West Frontier Province and southern Afghanistan, controlled by the Federal Government of Pakistan, has been in the public eye following the event of the United States invasion of Afghanistan in 2001. The spate of the rise of militancy and insurgencies in FATA currently poses a serious threat to the political stability of Pakistan and Afghanistan respectively. Relying on the documentary methods of data collection and analysis, therefore, this study argues that the major factor underlying the prevailing militancy in FATA is the deep-seated political and socio-economic marginalization of the region. The study thus recommends, among other measures, that the Government of Pakistan needs to expedite actions to initiate and implement deliberate and well articulated holistic reforms to bring the region into the mainstream of Pakistan’s socio economic and political developmental agenda. The study concludes that the intentional and proper adoption and application of these measures would be a realistic way of ending the militancy and insurgency in FATA and achieving lasting peace in the region and Pakistan as a whole. Keywords: Governance/Politics, Economy, Marginalization, FATA, Militancy, Religion.","PeriodicalId":55922,"journal":{"name":"Conflict Studies Quarterly","volume":" ","pages":""},"PeriodicalIF":0.3,"publicationDate":"2023-01-05","publicationTypes":"Journal Article","fieldsOfStudy":null,"isOpenAccess":false,"openAccessPdf":"","citationCount":null,"resultStr":null,"platform":"Semanticscholar","paperid":"42861511","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 article has a twin mission: examining the impact of party merger on the federal arrangement and its association with the current conflicts in Ethiopia. The 1995 federal constitution of Ethiopia devolves powers to regional states. Since then, each regional state was fused with its distinct ruling party that created a coalition at the federal level. This state-party fused federal arrangement faced serious challenges with the rise of intra coalition disagreements since 2016 following the protest movements in the country, which further plunged Ethiopia into a devastating civil war since November 2020. This article asks what caused the conflicts. While recognizing the multidimensional roots of the conflicts, this article uses a political party-driven theory of federalism in order to identify the political processes that led to the conflicts. It argues that in a multiethnic federation such as Ethiopia where there is state-party fusion, a ruling party’s metamorphosis from a coalition to a union may not only centralize power but could also result in both de facto merger of that fragile federation and conflicts. Delinking the state from the party through inclusive national negotiations and democratic elections within a federal arrangement might help transition Ethiopia to a stable country. Keywords: Civil war, conflicts, political parties, Ethiopian federalism, Prosperity Party, power centralization, Abiy Ahmed.
{"title":"ETHIOPIA: FEDERALISM, PARTY MERGER AND CONFLICTS","authors":"M. Gemechu","doi":"10.24193/csq.42.2","DOIUrl":"https://doi.org/10.24193/csq.42.2","url":null,"abstract":"This article has a twin mission: examining the impact of party merger on the federal arrangement and its association with the current conflicts in Ethiopia. The 1995 federal constitution of Ethiopia devolves powers to regional states. Since then, each regional state was fused with its distinct ruling party that created a coalition at the federal level. This state-party fused federal arrangement faced serious challenges with the rise of intra coalition disagreements since 2016 following the protest movements in the country, which further plunged Ethiopia into a devastating civil war since November 2020. This article asks what caused the conflicts. While recognizing the multidimensional roots of the conflicts, this article uses a political party-driven theory of federalism in order to identify the political processes that led to the conflicts. It argues that in a multiethnic federation such as Ethiopia where there is state-party fusion, a ruling party’s metamorphosis from a coalition to a union may not only centralize power but could also result in both de facto merger of that fragile federation and conflicts. Delinking the state from the party through inclusive national negotiations and democratic elections within a federal arrangement might help transition Ethiopia to a stable country. Keywords: Civil war, conflicts, political parties, Ethiopian federalism, Prosperity Party, power centralization, Abiy Ahmed.","PeriodicalId":55922,"journal":{"name":"Conflict Studies Quarterly","volume":" ","pages":""},"PeriodicalIF":0.3,"publicationDate":"2023-01-05","publicationTypes":"Journal Article","fieldsOfStudy":null,"isOpenAccess":false,"openAccessPdf":"","citationCount":null,"resultStr":null,"platform":"Semanticscholar","paperid":"48655071","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 article focuses on the Caprivi conflict that took place in Namibia in 1999. This conflict was a short and low-intensity conflict. Besides, it meets the criteria to be described as a forgotten conflict. This study aims to explain and describe this conflict, to clarify the reasons why the conflict can be described as a forgotten conflict. A public opinion poll was conducted to confirm the hypothesis that this is a forgotten conflict. The results of this public opinion poll together with further media analysis confirm this hypothesis. The second part of the work focuses on the reasons why the conflict was forgotten. Several theories are applied to the case to provide a comprehensive explanation. In practice, it turns out that there are several reasons. Keywords: Caprivi Strip, conflict, forgotten, Namibia, public opinion, violence.
{"title":"NAMIBIA: FORGOTTEN CONFLICT IN THE CAPRIVI STRIP","authors":"Lucie Konečná","doi":"10.24193/csq.42.4","DOIUrl":"https://doi.org/10.24193/csq.42.4","url":null,"abstract":"The article focuses on the Caprivi conflict that took place in Namibia in 1999. This conflict was a short and low-intensity conflict. Besides, it meets the criteria to be described as a forgotten conflict. This study aims to explain and describe this conflict, to clarify the reasons why the conflict can be described as a forgotten conflict. A public opinion poll was conducted to confirm the hypothesis that this is a forgotten conflict. The results of this public opinion poll together with further media analysis confirm this hypothesis. The second part of the work focuses on the reasons why the conflict was forgotten. Several theories are applied to the case to provide a comprehensive explanation. In practice, it turns out that there are several reasons. Keywords: Caprivi Strip, conflict, forgotten, Namibia, public opinion, violence.","PeriodicalId":55922,"journal":{"name":"Conflict Studies Quarterly","volume":" ","pages":""},"PeriodicalIF":0.3,"publicationDate":"2023-01-05","publicationTypes":"Journal Article","fieldsOfStudy":null,"isOpenAccess":false,"openAccessPdf":"","citationCount":null,"resultStr":null,"platform":"Semanticscholar","paperid":"45595470","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}
Starting the inception of the 2010s, Ethiopia’s relations with Egypt have been experiencing one of the deepest crises in the relationship of the two countries’ history. Ethiopia, one of the upper riparian states of the Nile River not only theoretically challenged the exclusive veto power of Egypt over the Nile River but also practically start constructing one of Africa’s largest hydropower dams on the Blue Nile since 2011. The challenging behavior of Ethiopia over the Nile River worried the long-standing regional hegemon, Egypt. Against this background, this paper aims to forward a new insight into how and why Ethiopia challenged the long-standing superior-subordinate Egypt-led order over the Nile River. Moreover, in its discussion, the paper tries to address key drives, challenges, and prospects of Ethiopia-Egypt water diplomacy. The paper also illustrates how and why the Ethio-Egypt water diplomacy strain becomes a cross-cut on the two nation’s foreign policy matters. The paper has also attempted to understand how the superior-subordinate power duality approach works over the Nile River against the new balancer. Keywords: Ethiopia, Egypt, Relation, Nile River, Challenges, Prospects
{"title":"ETHIOPIA: THE CHANGING ASPECTS OF THE ETHIO-EGIPT WATER DIPLOMACY – KEY DRIVES, CHALLENGES AND PROSPECTS","authors":"Nigusu Adem Yimer","doi":"10.24193/csq.41.5","DOIUrl":"https://doi.org/10.24193/csq.41.5","url":null,"abstract":"Starting the inception of the 2010s, Ethiopia’s relations with Egypt have been experiencing one of the deepest crises in the relationship of the two countries’ history. Ethiopia, one of the upper riparian states of the Nile River not only theoretically challenged the exclusive veto power of Egypt over the Nile River but also practically start constructing one of Africa’s largest hydropower dams on the Blue Nile since 2011. The challenging behavior of Ethiopia over the Nile River worried the long-standing regional hegemon, Egypt. Against this background, this paper aims to forward a new insight into how and why Ethiopia challenged the long-standing superior-subordinate Egypt-led order over the Nile River. Moreover, in its discussion, the paper tries to address key drives, challenges, and prospects of Ethiopia-Egypt water diplomacy. The paper also illustrates how and why the Ethio-Egypt water diplomacy strain becomes a cross-cut on the two nation’s foreign policy matters. The paper has also attempted to understand how the superior-subordinate power duality approach works over the Nile River against the new balancer. Keywords: Ethiopia, Egypt, Relation, Nile River, Challenges, Prospects","PeriodicalId":55922,"journal":{"name":"Conflict Studies Quarterly","volume":" ","pages":""},"PeriodicalIF":0.3,"publicationDate":"2022-10-05","publicationTypes":"Journal Article","fieldsOfStudy":null,"isOpenAccess":false,"openAccessPdf":"","citationCount":null,"resultStr":null,"platform":"Semanticscholar","paperid":"42604841","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}
On July 12, 2016 an international tribunal (registered with The Hague Permanent Court of Arbitration) ruled against China`s territorial claims in the South China Sea, arguing that the Chinese historic rights within the Nine Dash-Line map have no valid effect under the United Nations Convention on the Law of the Sea (UNCLOS). The tribunal’s decision came at a time when tensions in the South China Sea had reached a very high level amid increasing maritime incidents caused by China and the Chinese government’s construction of artificial islands in the open sea. What was supposed to be a major victory against China for the US-backed states (Vietnam, Philippines), turned out to be only a symbolic success for the Philippines. China not only rejected the sentence, but continued to conduct provocative naval exercises, harass other foreign ships and build artificial islands for military purposes. Using historical research and comparative analysis, this paper illustrates how China’s rejection of the ruling was facilitated by a number of legal, economic and political factors that have diminished international reactions and pressures on the Chinese government: the non-ratification of UNCLOS by the US, the lack of coercive mechanisms to enforce international rulings, the economic interdependence between China and other regional states and the precedents set by other major powers. Keywords: South China Sea, Permanent Court of Arbitration, UNCLOS, maritime claims, historic rights.
{"title":"CHINA: THE STORY OF A MISSED OPPORTUNITY. HOW CHINA MANAGED TO DISREGARD THE SOUTH CHINA SEA RULING","authors":"Tudor Cherhaț","doi":"10.24193/csq.41.3","DOIUrl":"https://doi.org/10.24193/csq.41.3","url":null,"abstract":"On July 12, 2016 an international tribunal (registered with The Hague Permanent Court of Arbitration) ruled against China`s territorial claims in the South China Sea, arguing that the Chinese historic rights within the Nine Dash-Line map have no valid effect under the United Nations Convention on the Law of the Sea (UNCLOS). The tribunal’s decision came at a time when tensions in the South China Sea had reached a very high level amid increasing maritime incidents caused by China and the Chinese government’s construction of artificial islands in the open sea. What was supposed to be a major victory against China for the US-backed states (Vietnam, Philippines), turned out to be only a symbolic success for the Philippines. China not only rejected the sentence, but continued to conduct provocative naval exercises, harass other foreign ships and build artificial islands for military purposes. Using historical research and comparative analysis, this paper illustrates how China’s rejection of the ruling was facilitated by a number of legal, economic and political factors that have diminished international reactions and pressures on the Chinese government: the non-ratification of UNCLOS by the US, the lack of coercive mechanisms to enforce international rulings, the economic interdependence between China and other regional states and the precedents set by other major powers. Keywords: South China Sea, Permanent Court of Arbitration, UNCLOS, maritime claims, historic rights.","PeriodicalId":55922,"journal":{"name":"Conflict Studies Quarterly","volume":" ","pages":""},"PeriodicalIF":0.3,"publicationDate":"2022-10-05","publicationTypes":"Journal Article","fieldsOfStudy":null,"isOpenAccess":false,"openAccessPdf":"","citationCount":null,"resultStr":null,"platform":"Semanticscholar","paperid":"41552893","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}
Third-party funding (TPF) is a species of the common law doctrine of maintenance and champerty. With the burgeoning of global trade, the need for funding arbitral proceeding of high magnitude have witnessed an upward trend. TPF is a method wherein the impecunious party to the dispute enters into a contract with a third-party, who is not a party to the arbitration agreement, to finance the arbitration proceeding and run the risk of either paying or receiving the proceeds, costs, or award awarded against or in favor of such party. TPF, on one hand, provides a gateway to justice to the impecunious party and on the other hand, causes an impediment to the recognition and enforcement mechanism of arbitral awards. TPF flourishes as an alternative to support arbitral proceedings by acting as an investment for the financers but what impact it has on the market, in the long run, is still unclear. TPF assists the struggling party to appoint highly qualified specialists and a learned arbitrator through financial assistance but restricts the party autonomy and raises justifiable doubts as to the independence and impartiality of the arbitrator due to the leverage the financer holds in such an arrangement. Last but not least, TPF may also, at times, result in the disclosure of attorney-client communication to the financer. The present article is an analytical study of TPF as a mechanism in international commercial arbitration and what challenges it poses to its practice. Moreover, the article places reliance on the work of various scholars, and adopting the inductive approach of reasoning, reflects upon the plausible remedies for challenges that TPF poses to international commercial arbitration. Keywords: Third-Party Funding; Commercial Arbitration; International; Challenges; Regulation.
{"title":"THIRD-PARTY FOUNDING IN INTERNATIONAL COMMERCIAL ARBITRATION: IT IS ABOUT TIME FOR REGULATIONS","authors":"Shantanu Pachahara, Vikas H. Gandhi","doi":"10.24193/csq.41.4","DOIUrl":"https://doi.org/10.24193/csq.41.4","url":null,"abstract":"Third-party funding (TPF) is a species of the common law doctrine of maintenance and champerty. With the burgeoning of global trade, the need for funding arbitral proceeding of high magnitude have witnessed an upward trend. TPF is a method wherein the impecunious party to the dispute enters into a contract with a third-party, who is not a party to the arbitration agreement, to finance the arbitration proceeding and run the risk of either paying or receiving the proceeds, costs, or award awarded against or in favor of such party. TPF, on one hand, provides a gateway to justice to the impecunious party and on the other hand, causes an impediment to the recognition and enforcement mechanism of arbitral awards. TPF flourishes as an alternative to support arbitral proceedings by acting as an investment for the financers but what impact it has on the market, in the long run, is still unclear. TPF assists the struggling party to appoint highly qualified specialists and a learned arbitrator through financial assistance but restricts the party autonomy and raises justifiable doubts as to the independence and impartiality of the arbitrator due to the leverage the financer holds in such an arrangement. Last but not least, TPF may also, at times, result in the disclosure of attorney-client communication to the financer. The present article is an analytical study of TPF as a mechanism in international commercial arbitration and what challenges it poses to its practice. Moreover, the article places reliance on the work of various scholars, and adopting the inductive approach of reasoning, reflects upon the plausible remedies for challenges that TPF poses to international commercial arbitration. Keywords: Third-Party Funding; Commercial Arbitration; International; Challenges; Regulation.","PeriodicalId":55922,"journal":{"name":"Conflict Studies Quarterly","volume":" ","pages":""},"PeriodicalIF":0.3,"publicationDate":"2022-10-05","publicationTypes":"Journal Article","fieldsOfStudy":null,"isOpenAccess":false,"openAccessPdf":"","citationCount":null,"resultStr":null,"platform":"Semanticscholar","paperid":"44906925","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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