Mediation Research: A Current Review

In this article, we review the mediation literature from the past decade, utilizing a cybernetic mediation paradigm to organize the material. In this paradigm, we note that the type of conflict, country, culture, and mediation institutions affect the mediation process. Within this process, the mediator and disputants interact with each other, attempting to reach their own goals. This interaction produces outcomes for the disputants, the mediators, and other parties. The literature — organized using this paradigm — indicates that mediation is frequently practiced in many venues; the literature also provides an exhaustive list of mediation goals, describes many mediation strategies, and reports manifold mediation outcomes. Unfortunately, the number of studies examining the relative effectiveness of specific strategies (e.g., pressing, relational, and analytic) seems insufficient. Few studies have used control groups or reported observations of mediator and disputants' behavior in actual mediations.     

Cultivating Dialogue: From Fragmentation to Relationality in Conflict Interaction

This article builds on the tendency in recent decades in the field of alternative dispute resolution (ADR) to analyze conflict and its transformation from a relational perspective. It surveys developments in twentieth‐century philosophy that support the ongoing quest to explore the self in ADR from a relational perspective. It then shows how the concept of dialogue provides a framework for understanding conflict transformation from a relational perspective, by exploring the relational foundations of dialogue. It also draws a connection between the growing use of mindfulness practices in conflict settings and the practice of dialogue, suggesting that Buddhist philosophy and practices can help cultivate relational awareness and dialogue. The article therefore suggests that incorporating dialogue and exploring its relational characteristics can assist ADR scholars and practitioners to develop further practices that can promote collaboration by shifting disputants from adversarial and fragmented orientations to more relational mindsets.     

改进现行劳动争议处理制度的思考与对策

针对社会转型期劳动争议的特点,改革现行“先裁后审”的单轨处理劳动争议体制,建立“或裁或审”的劳动争议双轨处理体制;审理劳动争议案件实施必要的举证责任倒置,以利于维护劳动者合法权益,促进用人单位严格依法履行劳动合同,预防和减少劳动争议案件的发生;借鉴香港的做法,建立快速处理个人劳动争议的劳动法庭等改进和完善处理制度的对策建议,以促进构建社会主义和谐社会。     

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.     

A Review of “Setting the Standard: Certification,Governance, and the Forest Stewardship Council”

Abstract

As the United Nations Convention on the Law of the Sea (UNCLOS) establishes itself as one of the premier regimes in international law, member states are increasingly availing themselves of the significant dispute settlement provisions found in Part XV. The International Tribunal for the Law of the Sea (ITLOS) is beginning to take its place in the pantheon of major international tribunals. Although its jurisprudence thus far has largely consisted of applications for prompt release of vessels, these cases have arisen from disagreements over fishery practices and the enforcement of fishery laws by coastal states. The ITLOS is developing into a transparent, consistent and speedy forum to adjudicate marine disputes arising from UNCLOS. While the overall scope and reach of Part XV may be uncertain at the present time, especially vis‐à‐vis other dispute settlement institutions, the early activity under Part XV is promising. Those concerned with marine wildlife issues should be encouraged by the potential of Part XV, the ITLOS in particular, to serve as an effective regime in the realm of marine wildlife dispute settlement.     

3,4-亚甲二氧基甲卡西酮的鉴定

目的 建立基于傅里叶变换红外光谱(FTIR)、气相色谱-质谱(GC-MS)结合高分辨质谱技术联合鉴定未知样品的方法.方法 未知样品采用红外专用取样器直接检测;甲醇溶解后采用GC-MS和组合型高分辨质谱检测,以MDMA为内标物.结果 未知样品获得的红外光谱特征吸收峰为1679(C=O键),1603,1502,1453,1423,1259,1121,1090,1035,930,887,838,768,742和717cm-1,质谱特征碎片峰(m/z)为58.1,91.0,120.9,149.0和207.0,测得的精确质量数[M+H]+为208.0966.经信息分析未知样品鉴定为3,4-亚甲二氧基甲卡西酮,该物质属于新型化学合成卡西酮类精神活性物质,已经列入部分欧盟国家的管制药物目录.结论 本方法可用于3,4-亚甲二氧基甲卡西酮的鉴定.     

我国特色的劳动争议仲裁终局化之理念和制度架构——《劳动争议调解仲裁法》第47条释正

《劳动争议调解仲裁法》第47条规定了一种有条件、有限制的终局裁决制度,它不仅引起了必要的条文上的规范分析,也带来了学术上的仲裁终局化畅想.从第47条出发来认识我国劳动争议仲裁的终局化,要认识该条文在实施中的制度性和技术性问题,要兼顾劳动仲裁制度的一般法理,更要把握住我国劳动争议仲裁终局化中给予劳动者倾斜性保护以及提升劳动争议解决效率的务实理念.在学理上,强拉硬拽的或裁或审、一裁终局观念只会弱化仲裁的作用,不符合我们强调调解、仲裁的国情.继续强调第47条背后仲裁和审判的平衡观念,有利于明晰独具我国特色的劳动争议仲裁终局化之理念和制度架构.     

Multiplex high resolution melt (HRM) messenger RNA profiling assays for body fluid identification

Traditional body fluid identification methods use a variety of technologically diverse techniques that do not permit the identification of all body fluids. Definitive identification of the biological material present can be crucial to a fuller understanding of the circumstances pertaining to a crime. Thus definitive molecular based strategies for the conclusive identification of forensically relevant biological fluids need to be developed. Messenger (mRNA) profiling is an example of such a molecular based approach.Current mRNA body fluid identification assays typically involve either capillary electrophoresis (CE) or quantitative RT-PCR (qRT-PCR) platforms, each with its own limitations. Both platforms require the use of expensive fluorescently labeled primers or probes. CE-based assays require separate amplification and detection steps thus increasing the time required for analysis. For qRT-PCR assays, only 3 or 4 markers can be included in a single reaction since each requires a different fluorescent dye. To simplify mRNA profiling assays and to reduce the time and cost of analysis, we have developed multiplex high resolution melt (HRM) assays that provide an identification of all forensically relevant biological fluids and tissues.     

Current Security Situation in the Near East Palestinian State： Yes or No？

The article analyses the political situation in the Near East in trial to find the formula of peace. It would guarantee a peaceful coexistence for Palestinians and Israelites. The conflict of Israel and Palestine lasts for already over 100 years and becomes a global conflict among Islam believers and Jewish-Christians. Trying to have peace Israel left the occupied Sinai Peninsula of Egypt and made considerable concessions for Palestinians as well： It agreed on Palestine self-governing rights or autonomy in 1994. The problem is that Arabs cannot accept the fact of Israel state in their psychology. Nobody can guarantee their national security when Jews retracted to the borders which existed till 1967, the Sixth Day War. What does the total retraction from Gaza Strip from where the rockets are constantly sent to the territory of Israel on the heads of civil people？ Would the most real and secure way of all the solutions be a Federation of Palestinian Territories or Confederation with the Kingdom of Jordan （or with the state of Egypt）？ The peace problem of Near East is global and even connected with the intentions of Iran to make an atomic bomb. International community should be more sensitive not only to the tired nation of Palestine but also the Kurds who try to establish their state in Kurdistan. People of Azerbaijan should be helped in uniting into one state in the frames of Azerbaijan. The author tried to prove the article by the facts and the regulations of international law as much as possible.     

The regional outcome of the Comprehensive Peace Agreement five years down the road: Are external forces playing a progressive role?

ABSTRACT

The Sudan's Comprehensive Peace Agreement (CPA) of January 2005 is the outcome of regional and international mediation led by the Inter-Governmental Authority on Development (IGAD)1 and the IGAD Partners’ Forum broadened to include the United States of America, Norway, the Netherlands, Canada, Italy and the United Nations. Five years into its implementation the peace agreement appears to have transformed the war between North and South Sudan into a series of engagements of conflicting nature. Numerous contradictory actions by both the Sudanese People's Liberation Movement (SPLM) and the National Congress Party (NCP) (the main political forces behind the CPA) have been noted during the ongoing implementation process (Grawert forthcoming 2010; Grawert and El-Battahani 2005; Wassara 2008). Although internal Sudanese forces are the key actors in implementing the CPA, external forces are critical in providing the support and pressure needed for a complete realisation of the peace deal. The New Regionalism Approach (NRA), as advanced by Grant and Soderbäum (2003), is instrumental in understanding this dynamic. This article is based on the result of a study that seeks to examine why positive engagements of external forces are needed for a timely implementation of the Comprehensive Peace Agreement.