NGOs and Ethnic Conflict: Lessons from the Work of the Project on Ethnic Relations in the Balkans

This article examines the impact of nongovernmental organization-sponsored contact and communication on fostering peaceful solutions to ethnic conflict via case studies of the activities of the Project on Ethnic Relations (PER) in Romania, Macedonia, Montenegro, Kosovo, and Serbia. It explores five operational principles that guide PER activity: creating credible, neutral forums for dialogue; maintaining momentum; working within political realities; encouraging indigenous solutions from within existing processes; and acting with the backing of powerful states. These principles explain PER's success as a "weak mediator" of ethnic conflicts. According to this analysis, PER also exhibits organizational characteristics that contribute to success, including nonpartisanship, area expertise and extensive networks of local contacts, and an ability to secure the trust of local actors.
A significant indicator of the success of PER activities is the establishment by conflicting parties of institutionalized mechanisms for addressing their differences. Contrary to the view that electoral competition contributes to conflict, this study finds that the possibility of achieving an electoral advantage by participating cooperatively in conflict resolution activities creates incentives for local actors to recognize opportunities offered by PER activities and leads local actors to heed PER's advice. Finally, the article offers a cautionary observation. While PER's perceived influence with major international actors may contribute to its local successes, once a state actor with the power to impose a solution has committed itself to ending a conflict, its preferences outweigh any local interests in determining the outcome and renders the efforts of a "weak mediator" such as PER irrelevant.     

英国的调解制度--近期发展

本文分析了英国近来的一些案例,介绍了英国在采取非诉方法解决争议方面的最新发展,强调了法院在一些案件中的态度.     

Countering Punitiveness: Understanding Stability in Canada's Imprisonment Rate

Canada's imprisonment rate has not changed appreciably since 1960. This stability contrasts with the increased imprisonment rates experienced by Canada's most obvious comparators—the United States and England and Wales. We examine this divergence and propose several interrelated explanations for Canada's anomalous pattern. While Canada is shown not to be immune to pressure for harsher practices and policies, it has been able to counter or balance these trends with other more moderating forces. In particular, we suggest that Canadians have largely been able to escape several of the wider forces or "risk factors" at the root of higher incarceration in other countries. Further, we suggest that certain protective factors of a historical, cultural, and structural nature can also be identified that have limited the extent to which Canada has adopted the same punitive policies documented in the United States and England and Wales.     

The judicial role in life-sustaining medical treatment decisions.

Although there has been speculation regarding the pervasiveness and nature of judicial decisions regarding life-sustaining medical treatment (LSMT), no attempt has been made to empirically assess their prevalence or the issues they address. An exploratory study utilizing a mail survey of a nationwide random sample (N = 905) of state trial court judges was conducted to provide initial information regarding this decision-making process. Twenty-two percent of the responding judges had heard at least one LSMT case, and judicial review did not appear endemic to particular states. The number of judges hearing LSMT cases dropped from 1975 to 1981 but has increased since then. Three major issues predominate: patient competency, appointment of a surrogate decisionmaker, and resolution of the ultimate issue of forgoing LSMT. Relatively few cases either contested a prior directive's validity or involved imposing sanctions for instituting or forgoing LSMT. Although subject to different interpretations, the results suggest the courts are having a significant impact on certain aspects of the LSMT decision-making process. However, the infrequency with which any one judge is called upon to make an LSMT decision causes concern about the judiciary's ability to respond in a timely and appropriate manner. With their potential for a profound effect on the actions of health care providers, greater attention to this decision-making process is warranted.     

A note on the status of discretion in police research

“Discretion” holds an unrivaled position at the core of the notional inventory employed in the study of criminal justice generally and policing particularly. Efforts to systematically define the term have been irregular and its status in the empirical literature is an ambiguous one. While spoken of as a quantitative aspect of the policing which influences behavior, measurement is rarely addressed. After sketching problems in present formulations, discretion is recast in terms of perceived job autonomy and an outline of two general constructs is contributed in hopes of renewing consideration of the potential relevance of the concept for police theory and research.