A special Women's Day edition of the podcast with the leading ladies of our Centre of Expertise on Global Governance. Your hosts Mendeltje and Ruud have a talk with Alanna O'Malley, Barbara Warwas en Sylvia Bergh on the international position of women and their research on the UN, alternative ways of conflict resolution and applied research worldwide. A conversation about experiences, education and change.
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Divorce is a common and complex phenomenon with high social impact, especially when it involves pervasive conflict. This chapter discusses an analytic content-based framework for gaining an in-depth understanding of divorce. It considers seven inter- related dimensions: time, conflict, relationships, violence, systems, cooperation and communication. Each dimension can be further related to the exacerbating factors of addiction and psychiatric illness. This analytical method points the way to de- escalating domestic conflict and sometimes intimate violence after divorce by listen- ing to and properly interpreting the voices of children and parents. Partner violence and controlling behaviour before, during and after divorce can arise from the struggle of one partner to attack and diminish the other, or by both partners contending for power as the family breaks up. The resulting conflict can disrupt the parental partner- ship in ways that traumatize them and interfere with their children’s right to grow up in safe surroundings, nurtured and guided by both parents. Social professionals who respond effectively are able to look beyond stereotypes to sense the unique and subtle patterns underlying the intense and persistent discord characteristic of high-conflict divorce. Only when the particular aspects of those patterns are understood and prop- erly addressed can (co-) parenting be restored to assure the children of post-divorce safety and well-being.
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Alternative dispute resolution (ADR) is constantly gaining ground, both at domestic and international level. New forms of dispute settlement with a mix of public and private components are emerging in fields where this was not the case until recent times, as some contributions to this Zoom-out have attempted to demonstrate. In the field of investment law we have witnessed a somehow opposite trend. Traditionally, disputes in this field have been settled by means of arbitral tribunals established mostly on the basis of bilateral or multilateral investment agreements (IAs) under a variety of arbitration facilities, which are collectively referred to as investor-to-State dispute settlement (ISDS). Traditional ISDS presents many characteristics of ADR, starting from the strong role that private parties play in it (for example when it comes to the appointment of arbitrators). The practice has shown that the system has clear advantages but also undeniable disadvantages. The prevailing opinion in recent years has been that the latter considerably outweigh the former, resulting in what has been termed the backlash against investment arbitration in a volume appeared a few years ago. In this contribution, how-ever, I will not dwell on the details of the crisis that has affected investment arbitration, nor will I engage in a discussion of whether that backlash is entirely justified. My focus will be much more modest. One of the most tangible consequences of this growing dissatisfaction towards investment arbitration is the launch on the part of the EU of a court-like system to settle investment disputes –the now famous investment court system (ICS) –as a replacement to old-fashioned ISDS. The ICS now features in all EU IAs, and has become the standard position of the EU when it comes to dispute settlement in this field. Recently, the ICS has also received the green light of the European Court of Justice (ECJ),raising doubts as to whether traditional ISDS has conclusively been sent to oblivion, at least in the EU. From a political and policy perspective, it is undoubtful that there is a strong stance on the part of the EU and of its Member States against traditional ISDS. This article, however, will focus exclusively on the legal dimension, by examining whether the ECJ’s decision should be read as meaning that investment arbitration is incompatible with the EU legal system. While itis clear that Opinion 1/17 means that the ICS is compatible with EU law, it remains to be seen whether the Court’s finding allows an a contrario reading. Namely, whether it entails the incompatibility with EU law of traditional ISDS. The analysis will start with a brief summary of the events and developments that preceded the creation of the ICS and eventually led to the current situation (Section 2), followed by an examination of the relevant parts of Opinion 1/17 (Section 3). This part will be followed by an appraisal of the possible legal implications of the decision (Section 4). Some conclusions will be offered in the closing section (Section 5) in the attempt to look beyond the boundaries of EU law. Part of topic "The blurring distinction between public and private in international dispute resolution"
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Adopted on the fifteenth anniversary of resolution 1325, Security Council resolution 2242 has recognized for the first time the substantial link between climate change and the “Women, Peace and Security” (WPS) framework. Despite this landmark resolution, the intersections of environmental factors, conflict and violence against women remain largely absent from the Security Council's WPS agenda. Competition over natural resources is generally understood as a driver of conflict. The risk of insecurity and conflict are further increased by environmental degradation and climate change. It is therefore clear that the environment and natural resources must be integrated into the WPS agenda. This should necessarily include a discussion of indigenous rights to land and the gender-related dimensions of environmental factors. Indigenous women are disproportionately affected by environmental degradation, caused by resource extraction and increasingly compounded by climatic changes. This in turn exacerbates other vulnerabilities, including sexual and gender-based violence and other forms of marginalization. This article argues, by reference to the situation in West Papua, that unfettered resource extraction not only amplifies vulnerabilities and exacerbates preexisting inequalities stemming from colonial times, it also gives rise to gendered consequences flowing from the damage wreaked on the natural environment and thus poses a danger to international peace and security. As such, the Security Council's failure to recognize the continuous struggle of women in indigenous and rural communities against extractive economies and climate change impact as a security risk forms a serious lacuna within its WPS agenda. Originally published by Oxford University Press in Global Studies Quarterly, Volume 1, Issue 3, September 2021, ksab018, https://doi.org/10.1093/isagsq/ksab018
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Samenvatting boek: Dit boek staat stil bij de spanning tussen verharding, vechten en straffen aan de ene kant, en de noodzaak tot bemiddeling, conflictbeslechting en heling aan de andere kant. Hoe uit zich dat in de mediationpraktijk? Biedt dit soms ook nieuwe mogelijkheden voor mediation? Hoe zou transformatieve mediation hierbij een rol kunnen spelen? Hoe kunnen de slachtoffers worden bijgestaan? Naast deze problematiek worden in het boek ook andere actuele thema’s op het terrein van mediation uitgediept, zoals geschiloplossing in familiebedrijven, het nieuwe ontslagrecht en exit-mediation, nalatenschapsmediation, mediation in de zorg, en het belang van mediation bij de rechtenstudie. Hoofdstuk opgave De mediator in conflict: bivakkeren in ingewikkeldheden 1. Inleiding 2. Spanningen in conflicten 3. De lastige driehoeksverhouding 4. De mediator in het middelpunt van het conflict 5. Tot slot Referenties
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Junior design professionals experience conflicts in collaboration with others, with value differences being one of the issues influencing such conflicts. In a retrospective interview study with 22 design professionals, we collected 32 cases of perceived conflicts. We used a grounded theory approach to analyse these cases, resulting in five conflict categories that group 24 distinct value differences arising in 10 critical moments, an event that causes the value-based conflict. Thus, value differences are underlying the perceived conflicts of junior design professionals on many different occasions during collaboration with others. Conclusions are drawn on setting up guidelines for addressing values in co-design practices and supporting junior designers in their professional development.
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Organisations of land managers in landscape management face the challenge of combining the need to foster bonding social capital within their member groups with the need to develop bridging social capital with other stakeholders and linking social capital with public authorities. This paper compares the concepts of self-governing groups, boundary organisations and quangos, to analyse how agri-environmental collectives in the Netherlands navigate their identity in interactions with public authorities and manage potential trade-offs between different forms of social capital. It shows the paradoxical situation that these self-governing collectives have to adopt characteristics of public agencies, in order to meet the demands of the Dutch government and EU legislation, required to gain the trust of the authorities for more room for self-governance. The resulting ‘professionalization’ and enlargement of agri-environmental collectives is likely to reduce bonding social capital, which in turn is an important asset for effective landscape management. In order to prevent this counterproductive incentive of expecting self-governing groups to behave like public agencies, we recommend to nourish and protect the in-between identity of agri-environmental collectives, to acknowledge their variety, and to allow them to be self-governing groups as well as boundary organisations.
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The article describes what a restorative city is by looking at research, experiences in different countries and by describing the developments in Restorative City Wrocław. A restorative city is a city that recognises its urban environment as a network of relations in which – in the case of conflict – citizens, institutions and organisations choose a restorative approach to finding a solution in the first place. This necessitates proactive responses to conflict resolution, which go beyond criminal justice and crime prevention strategies that are still predominantly of a reactive nature. The concept of the restorative justice city builds a ‘criminology of trust’, for which crime is not a risk to be managed and controlled but a harm to be addressed by penal policies based on respect, solidarity, inclusion and active participation The restorative city concept, as also seen in Wrocław, is gaining momentum and while it is becoming an appealing policy transfer in an increasingly globalized world.
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Mediators generally find mediation of hierarchical workplace conflicts difficult, as it often involves structural power imbalances. This dissertation seeks to increase knowledge of how hierarchical conflict affects how parties and mediators perceive mediation across dyads and across time. Three questions are central to this: (a) How effective in the long-term is the mediation of hierarchical workplace conflicts? (b) How does perceived situational power in supervisor-subordinate dyads relate to mediation effectiveness? (c) Do supervisors and subordinates differ in their emotional experiences during mediation, and are mediators able to perceive these emotions accurately? To answer these questions, we rely on the literature on power, emotions, mediation, and conflict management. We introduce our research via a heuristic model (chapter one). We then present our quantitative empirical research in three chapters based on survey data we collected from supervisors, subordinates, and
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A flash fiction horror story, written by Prof. Mata Haggis-Burridge, produced in audio format by the NoSleep Podcast. Only available to subscribers to the NoSleep Podcast. NoSleep is one of the largest horror fiction podcasts online. 'Flash fiction' is a form of writing that tries to tell the story in as few words as possible, requiring very brief development of scene, conflict, and resolution all within a few hundred words or less.
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