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Dispute Processing and Conflict Resolution: Theory, Practice and Policy (Collected Essays in Law)
by Carrie Menkel-MeadowThis insightful volume is essential for a clearer understanding of dispute resolution. After examining the historical and intellectual foundations of dispute processing, Carrie Menkel-Meadow turns her attention to the future of conflict resolution.
Dispute Processing and Conflict Resolution: Theory, Practice and Policy (Collected Essays in Law)
by Carrie Menkel-MeadowThis insightful volume is essential for a clearer understanding of dispute resolution. After examining the historical and intellectual foundations of dispute processing, Carrie Menkel-Meadow turns her attention to the future of conflict resolution.
Dispute Resolution and Social Governance in Digital China
by Jieren HuBased on in-depth field research conducted in China between 2019 and 2023, this book raises a concept of “rightful control” and demonstrates a new means of dispute resolution used by the Chinese Communist Party (CCP) through digital technology and its impact on state-society relations.The author argues that when rightful control relies more on means beyond law and policy, it not only fails to construct an image of a responsible state but also leads to the counterproductive result of creating new conflicts that may bring social instability and threaten regime legitimacy. The study explains why digital technology could only perform a limited role in strengthening social control, which adds a new dimension to state-society relations in China from the perspective of digital governance.The book will attract researchers and students studying law, political science, and sociology, and government personnel who focus on digital governance.
Dispute Resolution and Social Governance in Digital China
by Jieren HuBased on in-depth field research conducted in China between 2019 and 2023, this book raises a concept of “rightful control” and demonstrates a new means of dispute resolution used by the Chinese Communist Party (CCP) through digital technology and its impact on state-society relations.The author argues that when rightful control relies more on means beyond law and policy, it not only fails to construct an image of a responsible state but also leads to the counterproductive result of creating new conflicts that may bring social instability and threaten regime legitimacy. The study explains why digital technology could only perform a limited role in strengthening social control, which adds a new dimension to state-society relations in China from the perspective of digital governance.The book will attract researchers and students studying law, political science, and sociology, and government personnel who focus on digital governance.
Dispute Resolution Mechanism for the Belt and Road Initiative
by Guiguo Wang Yuk-Lun Lee Mei-Fun LeungThis book examines resolution of the disputes between both sides of Belt and Road economic cooperation. To address the problems surrounding legal guarantee and dispute resolution, the International Academy of the Belt and Road has gathered almost 50 experts from over 30 Belt and Road countries and regions to utilize current advances in the dispute resolution mechanism, taking into account the legal systems, legal environment and historical and cultural characteristics of Belt and Road countries and regions. The dispute resolution mechanism presented advocates giving priority to mediation when a dispute arises—arbitration is necessary only when mediation is ineffective. In addition, arbitration should be highly transparent, show respect to both contracting parties, and be equipped with an appeal system. This hands-on book offers detailed explanations of mediation rules, arbitration rules and appeal procedures. On the one hand, this mechanism embodies the integration of the cultures, traditions, legal systems, legal values and legal thoughts of Belt and Road countries and regions. On the other hand, it highlights the importance of mediation, which not only is the idea of oriental culture carrying forward traditional Chinese culture, but also follows the trend of dispute resolution. As a result, the dispute resolution mechanism established in this book is beneficial to the development of the Belt and Road Initiative.
Disputed Archival Heritage
by James LowryDisputed Archival Heritage brings important new perspectives into the discourse on displaced archives. In contrast to shared or joint heritage framings, the book considers the implications of force, violence and loss in the displacement of archival heritage. With chapters from established and emerging scholars in archival studies, Disputed Archival Heritage extends and enriches the conversation that started with the earlier volume, Displaced Archives. Advancing novel theories and methods for understanding disputes and claims over archives, the volume includes chapters that focus on Indigenous records in settler colonial states; literary and community archives; sub-national and private sector displacements; successes in repatriating formerly displaced archives; comparisons with cultural objects seized by colonial powers and the relationship between repatriation and reparations. Analysing key concepts such as joint heritage and provenance, the contributors unsettle Western understandings of records, place and ownership. Disputed Archival Heritage speaks to the growing interest in shared archival heritage, repatriation of cultural artefacts and cultural diasporas. As such, it will be a useful resource for academics, students and practitioners working in the field of archives, records and information management, as well as cultural property and heritage management, peace and conflict studies and international law.
Disputed Archival Heritage
by James LowryDisputed Archival Heritage brings important new perspectives into the discourse on displaced archives. In contrast to shared or joint heritage framings, the book considers the implications of force, violence and loss in the displacement of archival heritage. With chapters from established and emerging scholars in archival studies, Disputed Archival Heritage extends and enriches the conversation that started with the earlier volume, Displaced Archives. Advancing novel theories and methods for understanding disputes and claims over archives, the volume includes chapters that focus on Indigenous records in settler colonial states; literary and community archives; sub-national and private sector displacements; successes in repatriating formerly displaced archives; comparisons with cultural objects seized by colonial powers and the relationship between repatriation and reparations. Analysing key concepts such as joint heritage and provenance, the contributors unsettle Western understandings of records, place and ownership. Disputed Archival Heritage speaks to the growing interest in shared archival heritage, repatriation of cultural artefacts and cultural diasporas. As such, it will be a useful resource for academics, students and practitioners working in the field of archives, records and information management, as well as cultural property and heritage management, peace and conflict studies and international law.
Disputed Territories and International Criminal Law: Israeli Settlements and the International Criminal Court
by Simon McKenzieIt has been over 50 years since the beginning of the Israeli occupation of the Palestinian Territories. It is estimated that there are over 600,000 Israeli settlers living in the West Bank and East Jerusalem, and they are supported, protected, and maintained by the Israeli state. This book discusses whether international criminal law could apply to those responsible for allowing and promoting this growth, and examines what this application would reveal about the operation of international criminal law. It provides a comprehensive analysis of how the Rome Statute of the International Criminal Court could apply to the settlements in the West Bank through a close examination of the potential operation of two relevant Statute crimes: first, the war crime of transfer of population; and second, the war crime of unlawful appropriation of property. It also addresses the threshold question of whether the law of occupation applies to the West Bank, and how the principles of individual criminal responsibility might operate in this context. It explores the relevance and coherence of the legal arguments relied on by Israel in defence of the legality of the settlements and considers how these arguments might apply in the context of the Rome Statute. The work also has wider aims, raising questions about the Rome Statute’s capacity to meet its aim of establishing a coherent and legally effective system of international criminal justice.
Disputed Territories and International Criminal Law: Israeli Settlements and the International Criminal Court
by Simon McKenzieIt has been over 50 years since the beginning of the Israeli occupation of the Palestinian Territories. It is estimated that there are over 600,000 Israeli settlers living in the West Bank and East Jerusalem, and they are supported, protected, and maintained by the Israeli state. This book discusses whether international criminal law could apply to those responsible for allowing and promoting this growth, and examines what this application would reveal about the operation of international criminal law. It provides a comprehensive analysis of how the Rome Statute of the International Criminal Court could apply to the settlements in the West Bank through a close examination of the potential operation of two relevant Statute crimes: first, the war crime of transfer of population; and second, the war crime of unlawful appropriation of property. It also addresses the threshold question of whether the law of occupation applies to the West Bank, and how the principles of individual criminal responsibility might operate in this context. It explores the relevance and coherence of the legal arguments relied on by Israel in defence of the legality of the settlements and considers how these arguments might apply in the context of the Rome Statute. The work also has wider aims, raising questions about the Rome Statute’s capacity to meet its aim of establishing a coherent and legally effective system of international criminal justice.
Disputing citizenship
by John Clarke Kathleen CollAvailable Open Access under CC-BY-NC licence. Citizenship is always in dispute – in practice as well as in theory – but conventional perspectives do not address why the concept of citizenship is so contentious. This unique book presents a new perspective on citizenship by treating it as a continuing focus of dispute.The authors dispute the way citizenship is normally conceived and analysed within the social sciences, developing a view of citizenship as always emerging from struggle. This view is advanced through an exploration of the entanglements of politics, culture and power that are both embodied and contested in forms and practices of citizenship. This compelling view of citizenship emerges from the international and interdisciplinary collaboration of the four authors, drawing on the diverse disputes over citizenship in their countries of origin (Brazil, France, the UK and the US). The book is essential reading for anyone interested in the field of citizenship, no matter what their geographical, political or academic location.
Disputing citizenship
by John Clarke Kathleen CollAvailable Open Access under CC-BY-NC licence. Citizenship is always in dispute – in practice as well as in theory – but conventional perspectives do not address why the concept of citizenship is so contentious. This unique book presents a new perspective on citizenship by treating it as a continuing focus of dispute.The authors dispute the way citizenship is normally conceived and analysed within the social sciences, developing a view of citizenship as always emerging from struggle. This view is advanced through an exploration of the entanglements of politics, culture and power that are both embodied and contested in forms and practices of citizenship. This compelling view of citizenship emerges from the international and interdisciplinary collaboration of the four authors, drawing on the diverse disputes over citizenship in their countries of origin (Brazil, France, the UK and the US). The book is essential reading for anyone interested in the field of citizenship, no matter what their geographical, political or academic location.
A Disquisition on Government (The Macat Library)
by Etienne Stockland Jason XidiasNineteenth-century American politician John C. Calhoun occupies a paradoxical place in the history of political thought – and of critical thinking. On one hand, he is remembered as a committed advocate of slavery, consistently espousing views that are now considered indefensible and abhorrent. On the other, the political theories that Calhoun used to defend the social injustice of slavery have become the basis of the very systems by which modern democracies defend minority rights. Despite being crafted in defence of a system as unjust as slavery, the arguments that Calhoun expressed about minority rights in democracies in A Disquisition On Government remain an excellent example of how problem solving skills and reasoning can come together. The problem, for Calhoun, was both specific and general. As matters stood in the late 1840s, the majority of American states were anti-slavery, with only the minority, Southern states remaining pro-slavery. This boiled down to a crucial issue with democracy: the US government should not, Calhoun argued, only respect the wishes of the majority. Instead, democratic government must aim to harmonize diverse groups and their interests – governing, in so far as possible, for everyone. His analysis of how the Southern states could protect what he saw as their right to keep slaves led Calhoun to formulate solutions to the problem of ‘the tyranny of the majority’ that have since helped defend far worthier minority views.
A Disquisition on Government (The Macat Library)
by Etienne Stockland Jason XidiasNineteenth-century American politician John C. Calhoun occupies a paradoxical place in the history of political thought – and of critical thinking. On one hand, he is remembered as a committed advocate of slavery, consistently espousing views that are now considered indefensible and abhorrent. On the other, the political theories that Calhoun used to defend the social injustice of slavery have become the basis of the very systems by which modern democracies defend minority rights. Despite being crafted in defence of a system as unjust as slavery, the arguments that Calhoun expressed about minority rights in democracies in A Disquisition On Government remain an excellent example of how problem solving skills and reasoning can come together. The problem, for Calhoun, was both specific and general. As matters stood in the late 1840s, the majority of American states were anti-slavery, with only the minority, Southern states remaining pro-slavery. This boiled down to a crucial issue with democracy: the US government should not, Calhoun argued, only respect the wishes of the majority. Instead, democratic government must aim to harmonize diverse groups and their interests – governing, in so far as possible, for everyone. His analysis of how the Southern states could protect what he saw as their right to keep slaves led Calhoun to formulate solutions to the problem of ‘the tyranny of the majority’ that have since helped defend far worthier minority views.
Disraeli: The Novel Politician (Jewish Lives)
by Prof. David CesaraniLauded as a “great Jew,” excoriated by antisemites, and one of Britain’s most renowned prime ministers, Benjamin Disraeli has been widely celebrated for his role in Jewish history. But is the perception of him as a Jewish hero accurate? In what ways did he contribute to Jewish causes? In this groundbreaking, lucid investigation of Disraeli’s life and accomplishments, David Cesarani draws a new portrait of one of Europe’s leading nineteenth-century statesmen, a complicated, driven, opportunistic man. While acknowledging that Disraeli never denied his Jewish lineage, boasted of Jewish achievements, and argued for Jewish civil rights while serving as MP, Cesarani challenges the assumption that Disraeli truly cared about Jewish issues. Instead, his driving personal ambition required him to confront his Jewishness at the same time as he acted opportunistically. By creating a myth of aristocratic Jewish origins for himself, and by arguing that Jews were a superior race, Disraeli boosted his own career but also contributed to the consolidation of some of the most fundamental stereotypes of modern antisemitism.
Disraeli: or, The Two Lives
by Edward Young Douglas HurdBenjamin Disraeli was the most gifted parliamentarian of the nineteenth century and a superb orator, writer and wit - but how much do we really know about the man behind the words?'As Douglas Hurd and Edward Young point out in their splendidly written, finely judged and thoroughly persuasive book, a vast chasm yawned between the real Disraeli and his posthumous reinvention' Dominic Sandbrook, SUNDAY TIMES'Not only, they tell us in this vigorously debunking romp through his political life, did he never use the phrases "One Nation" or "Tory Democracy", he was actively hostile to the concepts that they are now understood to represent' Sam Leith, THE SPECTATOR'The book is more a study in character . . . than a staid political narrative. As a result, Disraeli: Or the Two Lives is full of unexpected jolts and paradoxes . . . It proves an unflagging pleasure to read' Richard Davenport-Hines, GUARDIAN'So intoxicating that you will find yourself snorting it up in one go, as I did, with great pleasure' Boris Johnson, MAIL ON SUNDAY
Disrupted Landscapes: State, Peasants and the Politics of Land in Postsocialist Romania (Environment in History: International Perspectives #8)
by Stefan DorondelThe fall of the Soviet Union was a transformative event for the national political economies of Eastern Europe, leading not only to new regimes of ownership and development but to dramatic changes in the natural world itself. This painstakingly researched volume focuses on the emblematic case of postsocialist Romania, in which the transition from collectivization to privatization profoundly reshaped the nation’s forests, farmlands, and rivers. From bureaucrats abetting illegal deforestation to peasants opposing government agricultural policies, it reveals the social and political mechanisms by which neoliberalism was introduced into the Romanian landscape.
Disrupting D.C.: The Rise of Uber and the Fall of the City
by Katie J. Wells Kafui Attoh Declan CullenA panoramic account of the urban politics and deep social divisions that gave rise to UberThe first city to fight back against Uber, Washington, D.C., was also the first city where such resistance was defeated. It was here that the company created a playbook for how to deal with intransigent regulators and to win in the realm of local politics. The city already serves as the nation’s capital. Now, D.C. is also the blueprint for how Uber conquered cities around the world—and explains why so many embraced the company with open arms.Drawing on interviews with gig workers, policymakers, Uber lobbyists, and community organizers, Disrupting D.C. demonstrates that many share the blame for lowering the nation’s hopes and dreams for what its cities could be. In a sea of broken transit, underemployment, and racial polarization, Uber offered a lifeline. But at what cost?This is not the story of one company and one city. Instead, Disrupting D.C. offers a 360-degree view of an urban America in crisis. Uber arrived promising a new future for workers, residents, policymakers, and others. Ultimately, Uber’s success and growth was never a sign of urban strength or innovation but a sign of urban weakness and low expectations about what city politics can achieve. Understanding why Uber rose reveals just how far the rest of us have fallen.
Disrupting Deportability: Transnational Workers Organize
by Leah F. VoskoIn an original and striking study of migration management in operation, Disrupting Deportability highlights obstacles confronting temporary migrant workers in Canada seeking to exercise their labor rights. Leah F. Vosko explores the effects of deportability on Mexican nationals participating in Canada's Seasonal Agricultural Worker Program (SAWP).Vosko follows the decade-long legal and political struggle of a group of Mexican SAWP migrants in British Columbia to establish and maintain meaningful collective representation. Her case study reveals how modalities of deportability—such as termination without cause, blacklisting, and attrition—destabilize legally authorized temporary migrant agricultural workers. Through this detailed exposé, Disrupting Deportability concludes that despite the formal commitments to human, social, and civil rights to which migration management ostensibly aspires, the design and administration of this "model" temporary migrant work program produces conditions of deportability, making the threat possibility of removal ever-present.
Disrupting Pathways to Genocide: The Process of Ideological Radicalization (Rethinking Political Violence)
by E. MurrayHow does ideology in some states radicalise to such an extent as to become genocidal? Can the causes of radicalisation be seen as internal or external? Examining the ideological evolution in the Armenian genocide, the Holocaust and during the break up of Yugoslavia, Elisabeth Hope Murray seeks to answer these questions in this comparative work.
Disruption: The Global Economic Shocks of the 1970s and the End of the Cold War
by Michael De GrootIn Disruption, Michael De Groot argues that the global economic upheaval of the 1970s was decisive in ending the Cold War. Both the West and the Soviet bloc struggled with the slowdown of economic growth; chaos in the international monetary system; inflation; shocks in the commodities markets; and the emergence of offshore financial markets. The superpowers had previously disseminated resources to their allies to enhance their own national security, but the disappearance of postwar conditions during the 1970s forced Washington and Moscow to choose between promoting their own economic interests and supporting their partners in Europe and Asia. De Groot shows that new unexpected macroeconomic imbalances in global capitalism sustained the West during the following decade. Rather than a creditor nation and net exporter, as it had been during the postwar period, the United States became a net importer of capital and goods during the 1980s that helped fund public spending, stimulated economic activity, and lubricated the private sector. The United States could now live beyond its means and continue waging the Cold War, and its allies benefited from access to the booming US market and the strengthened US military umbrella. As Disruption demonstrates, a new symbiotic economic architecture powered the West, but the Eastern European regimes increasingly became a burden to the Soviet Union. They were drowning in debt, and the Kremlin no longer had the resources to rescue them.
Disruption: Why Things Change
by David PotterHow do things change? The question is critical to the historical study of any era but it is also a profoundly important issue today as western democracies find the fundamental tenets of their implicit social contract facing extreme challenges from forces espousing ideas that once flourished only on the outskirts of society. This books argues that radical change always begins with ideas that took shape on the fringes. Throughout time the "mainstream" has been inherently conservative, allowing for incremental change but essentially dedicated to preserving its own power structures as the dominant ideology justifies existing relationships. In this tour of radical change across Western history, David Potter will show how ideologies that develop in opposition or reaction to those supporting the status quo are employed to effect profound changes in political structures that will in turn alter the way that social relations are constructed. Not all radical groups are the same, and all the groups that the book will explore take advantage of challenges that have already shaken the social order. They take advantage of mistakes that have challenged belief in the competence of existing institutions to be effective. It is the particular combination of an alternative ideological system and a period of community distress that are necessary conditions for radical changes in direction. The historical disruptions chronicled in this book-the rise of Christianity, rise of Islam, Protestant reformations, Age of Revolution (American and French), and Bolshevism and Nazism--will help readers understand when the preconditions exist for radical changes in the social and political order. As Disruption demonstrates, not all radical change follows paths that its original proponents might have predicted. An epilogue helps situate contemporary disruptions, from the rise of Trump and Brexit to the social and political consequences of technological change, in the wider historical forces surveyed by the book.
Disruption: Why Things Change
by David PotterHow do things change? The question is critical to the historical study of any era but it is also a profoundly important issue today as western democracies find the fundamental tenets of their implicit social contract facing extreme challenges from forces espousing ideas that once flourished only on the outskirts of society. This books argues that radical change always begins with ideas that took shape on the fringes. Throughout time the "mainstream" has been inherently conservative, allowing for incremental change but essentially dedicated to preserving its own power structures as the dominant ideology justifies existing relationships. In this tour of radical change across Western history, David Potter will show how ideologies that develop in opposition or reaction to those supporting the status quo are employed to effect profound changes in political structures that will in turn alter the way that social relations are constructed. Not all radical groups are the same, and all the groups that the book will explore take advantage of challenges that have already shaken the social order. They take advantage of mistakes that have challenged belief in the competence of existing institutions to be effective. It is the particular combination of an alternative ideological system and a period of community distress that are necessary conditions for radical changes in direction. The historical disruptions chronicled in this book-the rise of Christianity, rise of Islam, Protestant reformations, Age of Revolution (American and French), and Bolshevism and Nazism--will help readers understand when the preconditions exist for radical changes in the social and political order. As Disruption demonstrates, not all radical change follows paths that its original proponents might have predicted. An epilogue helps situate contemporary disruptions, from the rise of Trump and Brexit to the social and political consequences of technological change, in the wider historical forces surveyed by the book.
Disruption?: The Senate During the Trump Era
by Sean M. TheriaultWhat happens when a tradition-bound institution encounters an iconoclastic president intent on changing how the government operates? In Disruption?, Sean M. Theriault has gathered nineteen leading authors from a range of subfields to provide a compelling understanding for if, how, and to what extent Trump disrupted the Senate. As the authors argue, Trump became trapped in the norms and rules of the Senate on some dimensions, while he became the story to which all senators needed to respond on others. This book shows how multiple facets of the Senate changed during Trump's presidency, including the legislative process, party leadership, roll-call voting, and communications. Comprehensive in its coverage of the period and embedding it in a deep historical context, this book highlights how these changes reflected back on to not only the Trump administration, but also the very legitimacy of the Senate itself.
Disruption?: The Senate During the Trump Era
What happens when a tradition-bound institution encounters an iconoclastic president intent on changing how the government operates? In Disruption?, Sean M. Theriault has gathered nineteen leading authors from a range of subfields to provide a compelling understanding for if, how, and to what extent Trump disrupted the Senate. As the authors argue, Trump became trapped in the norms and rules of the Senate on some dimensions, while he became the story to which all senators needed to respond on others. This book shows how multiple facets of the Senate changed during Trump's presidency, including the legislative process, party leadership, roll-call voting, and communications. Comprehensive in its coverage of the period and embedding it in a deep historical context, this book highlights how these changes reflected back on to not only the Trump administration, but also the very legitimacy of the Senate itself.
Disruption, Ideation and Innovation for Defence and Security (Advanced Sciences and Technologies for Security Applications)
by Gitanjali Adlakha-Hutcheon Anthony MasysThis book explores types of disruptions in defence and security, ways to assess disruptions triggered by technological advancements or the lack of legal frameworks; the consequent delays or disruptions to making decisions, creative idea generation and finally the innovative pathways to counter such disruptions. What do disruption, ideation and innovation have in common? How do disruptions, ideas and innovation coexist within defence and security? They all influence and impact decision-making. Disruptions drive decision-making. Ideation raises solutions to resolve the disruptions and innovation brings ideas into life. While disruptions may be common place in the business world, where disruptive technologies displace pre-existing ones; they are less prevalent in defence, even less so within the realm of security. For the last 10 years, there has been talk of disruptive technologies and even adoption of terms such as emerging and disruptive technologies by the largest military alliance—NATO, yet the means to assess these remain elusive. It offers researchers opportunities to assess different types of disruptions, ideate and innovate on scientific grounds to counter disruptions, thereby bolstering the defence and security community’s ability to make decisions better.