解决民间纠纷的立场定位与路径选择——从两则案例说起

民间纠纷的解决影响到我国法治的建设与和谐社会的构建。解决民间纠纷应当根据现代法治的精神和理念,兼顾社会的复杂性和“地方知识”的特殊性,通过国家法和民间法的理性沟通实现二者在解决民间纠纷中的妥协、让步、合作与支持,建立起多元化的纠纷解决机制。     

Failed agreements and their impact on subsequent mediation onset and success in intrastate conflicts

ABSTRACT

What impact do failed mediated agreements have on subsequent mediation onset and success? The question of mediation onset and success is undoubtedly important, given that mediation is one of the international community’s preferred conflict management tools, but its voluntary nature leaves room for the conflict parties to (dis)agree to talks and possible settlements. Existing research suggests that previous mediation outcomes can affect subsequent mediation efforts positively or negatively – depending on the outcome in focus. This article argues that failed agreements – an outcome of mediation that has not been accounted for in existing literature – underscore the persistence of the commitment problem, and therefore the hazards of sharing private information. Consequently, the conflict parties question the utility of mediation, and the likelihood of subsequent mediation onset decreases. If subsequent talks take place despite the failed agreement, the conflict parties refrain from sharing private information, and reaching an agreement becomes thus less likely. Drawing on the Uppsala Conflict Data Program’s (UCDP) Managing Intrastate Conflict in Africa data set and the UCDP Peace Agreement data set, the results strongly underline the negative impact failed agreements have on subsequent mediation onset, and thereby show that agreement longevity is crucial not only for peace duration but also for leaving the door open to subsequent talks.     

Impacts of the internet on traditional jurisdictional principles in international civil and commercial cases

Started as an undefined US military project to the current global network, the Internet has been developing and improved at an amazing speed, which also brought out enormous challenges to the traditional way of life worldwide. By analyzing the features of the Internet, this paper reveals the impacts of the Internet on jurisdictional principles applied in traditional international civil and commercial cases and aims to apply traditional rules under the new environment of the Internet. In addition, by referring to the international uniform legislation and from the US judicial theories and practices, this paper also brings out reflections and suggestions regarding this issue.     

Conflicts of Interest and Governance Mechanisms in Italian Local Public Utilities

Stemming from different theoretical perspectives the article examines the conflicts of interest arising among the actors (citizens, local governments, private shareholders, service providers) that at various levels are involved in local public utilities governance systems. The main results of a multiple case study analysis on 10 Italian listed local public utilities are summarized. Different and coexisting situations of conflicts of interest among multiple principals and agents are identified. In this context, governance mechanisms (e.g., the board of directors) have different roles and functions and may prevent and mitigate such conflicts. However, our findings suggest that the ownership structure influences board composition and functioning and that higher numbers of independent directors do not necessarily mean “actual” board independence. The article contributes to the debate on conflicts of interest and governance mechanisms in local public utilities.     

African Union and Intra-State Conflict Resolution: A Return to the Libyan Crisis (2011)

This paper looked at the performance of the African Union (AU), in the resolution of intrastate conflicts in Africa. The study necessitated a revisit to the Libyan crisis. It is acknowledged in the study that conflicts pervade human relations. In the case of Africa, the study further shows that Africa has never experienced a lasting peace. The theoretical framework of games theory has been adopted in the study, to describe the character of African conflicts and to proffer solutions for the minimization of the level and number of such intrastate conflicts. The Libyan conflict typified the character of intrastate conflicts in Africa and was used for illustration in the study. The study concluded that the AU has made significant contributions toward the resolution of intrastate conflicts in Africa but there are still shortcomings of the AU and impediments to the efforts of the African Union, toward the resolution of such crises.     

Religious zionism and the state: Political accommodation and religious radicalism in Israel

In its earlier years Israel was spared the impact of religious radicalism. In the last two decades, however, religious doctrines have begun to claim a role in foreign policy, culminating in the 4 November 1995 assassination of Prime Minister Yitzhak Rabin. The primary aim of this study is to explore the systemic political processes and contextual factors that in the past have subdued national religious radicalism in Israel. The general argument of this essay is that the tradition of political accommodation with the religious parties fostered their participation in government coalitions, and by doing so, mobilized a large portion of the religious sector to support the state. Equally important in suppressing religious radicalism in Israel were the two main doctrines of religious Zionism, the instrumental and the redemptionist, which applauded cooperation with secular Zionism and the state, hence enabling political accommodation and avoiding a comprehensive violent confrontation. The absence of a religious party in the Rabin government brought the country's political discourse to an unprecedented level of intensity, strengthening a new blend of religious nationalism that posed a potential for deligitimization of the state.     

Using the personal influence model to guide theory building for participatory communication in Africa

Abstract

This article argues that the personal influence model (PIM) be used strategically to resolve conflicts and social crises in Africa. It presents PIM as a complementary, analytic discourse to participatory communication, a development paradigm commonly used globally in a variety of social programs. That discourse, as a framework for theory building, is grounded in Africa's emerging and enduring realities: (a) the growing interest of the international community to assist Africa to meet the U.N. Millennium Development Goals, whose focus is to reduce extreme poverty by 2015; (b) the ephemeral nature of Africa's political and social stability that necessitates reducing fear, improving community security, nurturing public trust, and building inter-group relationships, all as preconditions for attaining social development, and for using a community-agency- contracts-partnerships approach to deliver development services; and (c) the palpable congruence of PIM with Africa's extensive social networks, which are typically used as communication tools for social development. Those realities guide four propositions that serve as a heuristic template for testing and refining the participatory approach, thereby guiding theory building in participatory communication in African communities. That template identifies an expansive three-concept research agenda – culture, community governance and rule of law, and economic freedom – that raises questions, defines concepts, measures key variables, and assesses outcomes.     

National Security and Minerals

The term “national security” evolved from a nation possessing military might to predominantly having a secure national economy. Beteen those two aspects lie other factors that contribute to a nation＇s security. Minerals have been part of national se, curity strategy since the need for security was felt by nations. Especially military, economic, and environmental security has been factors that have driven mineral demand. On the other hand, mining and minerals have often been the cause of national security alerts. This paper would represent economic security as being reliant on minerals and will highlight economic security as the key driver that activates other security issues today. It will go on to discuss how minerals have also been affected by national security problems, such as the recent financial crisis. Furthermore, minerals have also been the cause for national security problems.     

英美银行保密义务规则的冲突与制衡

以英美国家的判例法为基础,分析银行对客户的保密义务规则的冲突与制衡,最后针对这些利益冲突提出制度设计方案。