劳动争议调解制度的重构

和谐劳动关系是和谐社会的重要组成部分,劳动争议调解制度是和谐劳动关系的重要组成部分,也是社会主义和谐社会的必然要求。基于时代的发展和当前我国劳动争议处理制度的现状,重构劳动争议调解制度已成为必然。     

“Gendering” European security: policy changes,reform coalitions and opposition in the OSCE

The Organisation for Security and Co-operation in Europe (OSCE) has rarely been considered in scholarship on gender and security, even though it was one of the regional security organisations whose gender policy predated the United Nations Security Council’s call for more international attention to issues related to women, peace and security in October 2000. Based on an analysis of official OSCE documents and on semi-structured interviews, we trace the integration of gender issues in the OSCE and explore the rationale behind and the challenges associated with it. We identify two phases of gender policy change in the OSCE and show how the integration of UNSCR 1325 brought about an expansion of OSCE gender policy from an exclusive focus on “soft” security issues towards increased inclusion of gender in the area of “hard” security. Drawing on historical and feminist institutionalism, we argue that reform coalitions were crucial for the policy changes in the OSCE but that they encountered institutional and ideational barriers, which hampered implementation of the gender policy. In light of rising opposition, our analysis warns of a backlash that might jeopardise current achievements.     

Hurdles to peace: a level-of-analysis approach to resolving Sudan’s civil wars

Why do some peace agreements end armed conflicts whereas others do not? Previous studies have primarily focused on the relation between warring parties and the provisions included in peace agreements. Prominent mediators, however, have emphasised the importance of stakeholders at various levels for the outcome of peace agreements. To match the experience of these negotiators we apply a level-of-analysis approach to examine the contextual circumstances under which peace agreements are concluded. While prominent within the causes of war literature, level-of-analysis approaches are surprisingly scant in research about conflict resolution. This article compares two Sudanese Peace Agreements: the Comprehensive Peace Agreement (2005) that ended the North–South war and led to the independence of South Sudan, and the Darfur Peace Agreement (2006) which failed to end fighting in Darfur. We find that factors at the local, national and international level explain the different outcomes of the two agreements. Hence, the two case studies illustrate the merit of employing a level-of-analysis approach to study the outcome of peace agreements. The main contribution of this article is that it presents a new theoretical framework to understand why some peace agreements terminate armed conflict whereas others do not.     

A Bridge over Troubled Water: Managing Parties’ Mental Illness in Mediation

One in five individuals in society has or will have a mental illness at some point in his or her lifetime. Conflict resolution theory, however, largely assumes that all individuals operate within the range of behaviors considered mentally healthy. Evidence suggests that professionals who deal with conflict, however, may have to deal with individuals who have mental health problems more frequently than would be the statistical norm. Clearly then, new theories of practice and norms of mediator behavior are needed to respond to the distinctive challenges presented by engaging with those who face mental health difficulty. This paper surveys the research on how people with mental health challenges approach and respond to conflict and provides practical advice to conflict resolution professionals on how to recognize and tailor their approach to meet the needs of these individuals.     

No more bullets for ETA: the loss of internal support as a key factor in the end of the Basque group’s campaign

The Basque separatist organisation ETA laid down its arms in 2011 after 40 years of an armed campaign for independence. It was not a consequence of political negotiations. The Basque group did not achieve its goals. Yet, it unilaterally decided to end its armed activity forever. This article analyses why and how ETA ended its armed campaign. It clarifies the events from the collapse of the last peace process in June 2007 to the announcement of the definitive end of ETA’s campaign in October 2011. It identifies the causal factors that led the Basque group towards its end. This article contends that the end of ETA’s campaign is a case of transformation triggered by its constituency’s withdrawal of support for the armed struggle. The leadership and social base of the political movement to which ETA belongs concluded that political violence was not effective anymore and, furthermore, was damaging for the Basque pro-independence movement. After an internal struggle, in which the faction advocating for exclusively political means prevailed, ETA was driven towards a unilateral abandonment of armed struggle.     

Food sovereignty and new peasantries: on re-peasantization and counter-hegemonic contestations in the Basque territory

This paper contributes to debates about the potential of re-peasantization and its contribution to food sovereignty with a case study from the global North, where such questions are relatively under-studied. I examine how Euskal Herriko Nekazarien Elkartasuna (EHNE)-Bizkaia, a Vía Campesina member organization from the Basque Country (Spain), advances food sovereignty through re-peasantization. I also analyze the motivations of new peasants engaged in agroecology, their understandings of food sovereignty, and the challenges that they face. Using a Gramscian political ecology framework, I argue that whereas re-peasantization contributes to a shift from corporatist to counter-hegemonic struggles, the political-economic and biophysical contexts structure agroecological production in ways that limit the extent to which new peasantries can become ‘agents of their own history’. I conclude that closer attention to peasants’ messy practices of making a living is needed to address questions of political agency.     

两岸投资争端解决机制的制度创新及其完善

投资争端解决机制是《海峡两岸投资保障和促进协议》（简称《两岸投资协议》）中体现两岸特色的重要制度创新之一。相较于传统双边投资协议中的投资争端解决机制而言,两岸投资争端解决机制除了引入两岸私人投资争端解决方式,还规定了投资者与投资所在地一方投资争端的协调、协处和调解等多元化机制,实现了单方规定的协议化和国际实践的两岸化,从而有效降低了两岸投资争端的“泛政治化”风险。未来,应进一步完善两岸投资补偿争端的调解程序,确保调解协议的法律约束力和执行力。     

British Communists and the 1932 turn to the trade unions

Abstract

The Comintern’s Third Period, 1928–1934, based on Stalin’s ‘second revolution’ in Russia, capitalist crisis and the claim that social democracy and fascism were twins, generated sectarian, ultra-left politics which proved inimical to Communist activity in trade unions. This article sheds new light on that issue by exploring three connected episodes: the British party’s (CPGB) renewed turn to the unions, heralded in the January resolution of 1932; the roles the Comintern and CPGB leader Harry Pollitt played in this initiative; and the subsequent attempt by Pollitt to revise the politics of union work. This triptych reviews both primary sources and recent historiography. It argues that some accounts have overestimated the novelty of the January resolution, blurred its meaning and exaggerated Pollitt’s part in it. The resolution did not attempt to change the line but its application. Its impact was limited. Bids to go beyond it were muddled and unsuccessful. The 1933 move towards the united front, and subsequently the popular front, was of greater significance in creating an effective Communist presence in trade unions than the events of 1931–1932.     

Wisconsin Institutionalism: John R. Commons and His Students

This paper seeks to provide a close examination of the nature and history of the institutional economics that developed at the University of Wisconsin. There has been a significant amount of work done on the thinking of John R. Commons, but much less on the history of Wisconsin institutionalism more generally. The paper proceeds through an examination of the development of the Department of Economics at Wisconsin from the time of the hiring of Richard T. Ely in 1892; the faculty hired to the Department from the early 1900s through to Commons's retirement in 1933; the program of instruction offered, particularly in the late 1920s when the full complement of institutionalist faculty were present; and the areas of study and later careers of Commons's graduate students. It is argued that although Ely played a role in the development of Wisconsin institutionalism, it was Commons who became the center of graduate student work, and that the Department only took on its decidedly institutionalist character after the hiring of Commons and a number of his students as faculty. The program of study in the late 1920s was very heavily institutionalist in character with Commons providing a core course on value and valuation, and a notable emphasis in the fields of public utilities, labor economics, and statistics. Very little instruction was provided in neoclassical theory. Many of Commons's students went on to notable careers in the academic world or public service or both. Wisconsin students were heavily involved in labor legislation issues, and in the development and administration of social security. But a number of Commons's students went into academic careers, and many produced large numbers of PhD students themselves. The decline of Wisconsin-style institutionalism after World War II was not, as has been suggested, a result of Commons's students moving largely into non-academic careers, but of many other factors, including the rise of Keynesian economics, and the migration of what had been much of Wisconsin institutionalism into new schools of industrial relations.