Uriel Abulof 《Politics & Policy》2013,41(5):690-722

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Saleem H. Ali 《Negotiation Journal》2014,30(2):169-189

As energy demand grows rapidly worldwide, power line infrastructure will continue to be a major development planning challenge. This study considers the environmental conflict that has arisen over a transnational transmission line project between Canada and the United States. A qualitative conflict assessment is presented to define the parameters for consensus that could prevent protracted litigation between stakeholders. Proactively designing a process to encourage consensus building during the early development phase remains the most critical determinant of compromise. In this article, we argue that in this case a consensus‐building effort could be feasible if certain design requirements were met, including gaining the participation of key stakeholders, paying attention to trust, and focusing on the issues specific to this transmission line rather than to a larger energy discussion. The research shows that despite potential pitfalls, reaching more widely accepted and ecologically sensitive solutions to environmental conflicts through participatory and collaborative approaches is possible and worth the effort.  相似文献   

    

《Digital Investigation》2015

Lawful Interception (LI) of data communications is an essential tool for Law Enforcement Agencies (LEA) in order to investigate criminal activities carried out or coordinated by means of Internet. However, the ability to secretly monitor the activities of citizens also has a great impact on civil rights. Therefore, democratic societies must prevent abuse and ensure that LI is only employed in specific cases with justifiable grounds or a probable cause. Nowadays, in many countries each interception must be authorized by a wiretap warrant, usually issued by a judge. However, this wiretap warrant is merely an administrative document that should be checked by the network or service operator before enabling the monitoring of its customers, whose communications are later handed over to a LEA in plaintext. This paper proposes the idea of employing a Digital Wiretap Warrant (DWW), which further protects the civil liberties, security and privacy of LI by ensuring that monitoring devices can only be enabled with a valid DWW, and by encrypting the captured data so only the authorized LEA is able to decrypt those communications. Moreover, in the proposed DWW framework all digital evidence is securely time-stamped and signed, thus guaranteeing that it has not been tampered with, and that a proper chain of custody has been met. In particular this paper proposes how to apply the DWW concept to the lawful interception framework defined by the ETSI LI Technical Committee, and evaluates how the additional security mechanisms could impact the performance and storage costs of a LI platform.  相似文献   

    

R.M. Field  A. Lynch 《社会福利与家庭法律杂志》2014,36(4):392-402

This paper discusses the Coordinated Family Dispute Resolution (family mediation) process piloted in Australia in 2010–2012. This process was evaluated by the Australian Institute of Family Studies as being ‘at the cutting edge of family law practice’ because it involves the conscious application of mediation where there has been a history of family violence, in a clinically collaborative multidisciplinary and multi-agency setting. The Australian government's failure to invest resources in the ongoing funding of this model jeopardises the safety and efficacy of family dispute resolution practice in family violence contexts, and compromises the hearing of the voices of family violence victims and their children.  相似文献   

    

Janne Flyghed 《Journal of Scandinavian Studies in Criminology & Crime Prevention》2013,14(1):81-99

Throughout history, those in power have monitored and exercised control over individuals and groups who have been perceived as representing some form of threat to their power. Irrespective of the system of government in place, political crime is a matter of central interest to a society's security police. Political crimes are often committed by extra-parliamentary groups or organizations. The focus of this paper is how the Swedish secret police (SÄPO) have acted against what they have perceived as the extreme left, mainly anarchists and autonomists, during and after the cold war. Did SÄPO's perception of this part of the extra-parliamentary opposition change when the cold war was over in the early 1990s? Were these groups and individuals perceived as the new enemy in the threat vacuum that temporarily arose in the aftermath of the cold war? Furthermore, had the new security concept that was introduced at that time any impact on SÄPO's activities?  相似文献   

    

Ran Kuttner 《Negotiation Journal》2012,28(3):315-335

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.  相似文献   

    

James A. Wall  Timothy C. Dunne 《Negotiation Journal》2012,28(2):217-244

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.  相似文献   

    

EMMA R. NORMAN 《Politics & Policy》2012,40(3):403-423

Harry Potter's boggarts arouse our deepest fears and shape‐shift according to those fears. Consequently, nobody knows what this magical monster really looks like—adding to our insecurities. The striking parallels with international issues involve fear and (in)security as the central forces driving state behavior, and how to confront shape‐shifting nonstate sources of violence. Yet examining the connections between identity and violence in the boggart metaphor problematizes several assumptions underpinning constructivism and realism. Using Schmitt's “friend–enemy” distinction, I argue that it is not a Hobbesian freedom from fear of violent death that motivates the search for security, but the fear of not belonging to a clearly defined group. For it is not the dread that an international boggart will kill us that makes it so paralyzing, but it's the lack of a clear identity that renders “other” and “self” indistinguishable. In a world where globalization has blurred state‐oriented differentiation of (national) self and (foreign) other, Schmitt's theory of identity proves particularly valuable. Related Articles in this Politics & Policy Symposium Mena Alemán. 2012. “Editor's Introduction to the Symposium: Politics, Policy, and Harry Potter.”Politics & Policy 40 (3). http://onlinelibrary.wiley.com/doi/10.1111/j.1747‐1346.2012.00355.x/abstract Norman and Delfin. 2012. “Wizards under Uncertainty: Cognitive Biases, Threat Assessment, and Misjudgments in Policy Making.”Politics & Policy 40 (3). http://onlinelibrary.wiley.com/doi/10.1111/j.1747‐1346.2012.00356.x/abstract Grijalva. 2012. “Deconstructing the Grand Narrative in Harry Potter: Inclusion/Exclusion and Discriminatory Policies in Fiction and Practice.”Politics & Policy 40 (3). http://onlinelibrary.wiley.com/doi/10.1111/j.1747‐1346.2012.00358.x/abstract Related Media Film Clips: “The Boggart.” 2001. http://archive.org/details/TheBoggart George W. Bush. 2002. “State of the Union Address.” http://www.americanrhetoric.com/speeches/stateoftheunion2002.htm Course Syllabus: Harry Potter and International Politics: Identity, Violence, and Social Control. http://ipsonet.org/data/files/psoproceedings16.pdf(7‐18) Los boggarts en Harry Potter despiertan nuestros más profundos miedos y cambian de forma de acuerdo a ellos. Por lo tanto, nadie sabe realmente cuál es el aspecto de estos monstros mágicos—lo cual aumenta nuestras inseguridades. Las notables semejanzas con asuntos internacionales actuales se relacionan al uso del miedo y la (in)seguridad como la principal fuerza motivando el comportamiento del estado, y así como la forma en la que se confronta la naturaleza elusiva de fuentes de violencia provenientes de actores no estatales. Sin embargo, al examinar las conexiones entre la identidad colectiva y la violencia en la metáfora de los boggarts conlleva a cuestionarse un número de supuestos fundamentales para el constructivismo y el realismo. Usando la “distinción amigo‐enemigo” de Schmitt, establezco que nuestra búsqueda por seguridad no es motivada por una libertad hobbesiana derivada del temor a una muerte violenta; sino por una necesidad de pertenecer (o miedo a no pertenecer) a un grupo claramente definido. Ya que un boggart internacional no es paralizante por el miedo a ser ultimado por este, sino la falta de una identidad clara que vuelve a “otros” y “uno mismo” indistinguible. En un mundo donde la globalización ha difuminado los medios tradicionales usados por el estado para diferenciar el yo (nacional) de los otros (extranjeros), la teoría de la identidad de Schmitt demuestra ser particularmente útil.  相似文献   

    

Daniel B. Pickar  Jeffrey J. Kahn 《Family Court Review》2011,49(1):59-71

The divorce mediation field has recently seen the development of several “hybrid” alternative dispute resolution approaches to child custody disputes. The “settlement‐focused parenting plan consultation” (SFPPC) is a form of evaluative mediation, conducted by a “parenting plan consultant” (PPC), who possesses the combined expertise of a mediator and child custody evaluator. This hybrid model is a more expedient and considerably less expensive approach than a child custody evaluation, but preserves the hallmark mediation principle of self‐determination. The article describes the theory underlying the SFPPC, delineates the role requirements, procedures, and techniques of the parenting plan consultant, and addresses legal and ethical issues.  相似文献   

    

Pauline H. Tesler 《Family Court Review》2011,49(2):239-248

Integrated interdisciplinary team practice evolves over time as collaborative lawyers encounter the limitations of their own skill‐set in helping clients to reach consensual resolution outside the courts. Team collaboration represents the evolutionary growth edge of the collaborative practice movement. Working in teams with financial neutrals and mental health professionals who act as coaches and child specialists, collaborative lawyers become engaged in an emergent learning system called into being to assist each couple through their divorce. All professionals working on a collaborative team case participate in the process from the beginning and share responsibility for helping the clients achieve the values‐based goals identified by them early in the process. This shared professional engagement in the divorce conflict resolution process gives rise to a need for agreed roadmaps and protocols, sophisticated planning and debriefing sessions, case conferencing, and careful attention to the quality of communications at the negotiating table. None of this can happen at a “best practices” level without mutual trust between and among the professionals and a culture of transparency and accountability. These characteristics emerge over time as a natural outgrowth of working in teams.  相似文献