Conciliation Process Research Articles

French translation of the Peyronie's disease questionnaire: A pilot study

BackgroundThe Peyronie's Disease Questionnaire (PDQ) was designed to quantitatively assess the symptoms and psychosexual consequences of Peyronie's disease but has only been validated in four languages. The aim of the study was to provide a French translation of the PDQ, to make it available to the French-speaking urology community. MethodsAfter a double translation of the PDQ from English into French, followed by a back translation by four expert translators, a conciliation process enabled the creation of the final French version. For each item, participants were asked to answer two sub-questions. The percentage of responses “I fully understood the question” to sub-question (a) constituted the validation criterion for the translation. ResultsThe final French version was submitted to a series of 30 men with Peyronie's disease whose average age was 59 (±12) years. For each question, the comprehension rate was over 95%, and for 12/15 items it was 100%. For the remaining 3 items, men declared that they did not feel disturbed or bothered by the questions and none of the questions were misunderstood. ConclusionThis pilot study shows that our translation of the PDQ is valid and comprehensible by all participants, regardless of the age or level of education. This French version should be validated further in other French-speaking populations before final validation. Level of evidence2.

AWARENESS ON OF THE BARANGAY JUSTICE SYSTEMAND ITS RELATIVITY CONFLICT MANAGEMENT SKILLS OF LUPONG TAGAPAMAYAPA IN STA. MARIA,DAVAO OCCIDENTAL, PHILIPPINES

This research focused on the awareness on barangay justice system and its relativity to conflict management skills of Lupong Tagapamayapa in Sta. Maria, Davao Occidental. Furthermore, it determined the strength of the correlation between the two, their level of awareness on barangay justice system and conflict management skills and which domains of awareness on barangay justice system have the most impact. A descriptive-correlational research design was utilized in the study. There were one hundred fifty-four (154) Lupong Tagapamayapa respondents included in the study and they answered an adaptive survey questionnaire. To measure the independent variable, “The Effectiveness of Conciliation Process: A Practical Way of Delivering Justice” from Agustin et al., (2018) was utilized, while the Conflict Management Skills questionnaire was from “Conflict Resolution Styles Among Filipino Seafarers: Inputs to a Conflict Management Program” by Garcia et al., (2018). The statistical tools used were frequency, percentage, mean, Spearman’s rho, and step-wise multiple regression analysis. The result of this study showed the levels of aware-ness on barangay justice system, with conciliation efforts to reconcile parties (4.63) got the highest responses and issuance of certificate to file action (4.27) received the lowest and an over all of 4.51. in terms of conflict management skills, compromising garnered the highest mean score of 4.64, while avoiding receive the lowest with 3.83 and an over all of 4.35.The significant relationship of awareness on barangay justice system and conflict management skills, the R2 reveals that 35.5 percent of the considered data fit the regression model; and between the two variables, the r-value was 0.650 which indicates that there is a high corre-lation. Of the four predictors, the proper application of the legal procedures (β = 0.577, SE = 0.63, p < 0.001) is found to be significant which is less than the threshold of 0.05 level of significance, which implies the null hypothesis is rejected. This means that proper applica-tion of the legal procedures significantly influence the conflict management skills of the Lupong Tagapamayapa.

Thailand's Contract Farming Act at a Crossroads: Impacts, Shortfalls, and the Need to Better Protect Smallholders

ABSTRACT Thailand is a global pioneer in contract farming (CF). Many smallholder farmers have gained better access to markets and capital while achieving higher and more stable incomes. Nevertheless, farmers have also faced exploitative conditions in their contractual relationships with agribusiness companies. In response, the Thai Parliament in 2017 passed the Contract Farming Promotion and Development Act. Based on fieldwork with key actors and contract farmers, this article examines how debates around CF have unfolded over time, the key issues discussed in the reform process before and after the CF Act was enacted, and its implications for smallholders. The law has had some success with increasing transparency, improving the conciliation process between farmers and companies, and deterring companies from unfair practices. However, in reality, it has done little to protect the livelihoods of Thai farmers due to a number of limitations, including weaknesses of the law itself, its limited implementation, and the country’s wider agrarian political economy. Specifically, the country’s oligarchic and oligopolistic political-economic structures have resulted in farmers having little bargaining or political power and limited access to markets.

The implementation of consensual tenet in modern civil procedure: A European approach of court-related amicable dispute resolution procedures

Background: This article explores the global changes in the orientation of civil procedure from competitive and adversarial towards more cooperative and consensual models. It aims to identify the reflection of mentioned tendencies in the valid legal regulation and practice of modern civil procedure. The consensual tenet in the civil process is analysed from the perspective of civil procedure goals, settlement principle, and case management as an effective tool for implementing the latter in practice. The authors explore the court-related amicable dispute resolution procedures to see the similarities and differences. Methods: Research commenced with a review of the existing scientific literature, a brief historical analysis, and a document analysis concerning changes in civil procedure orientation towards less competitive and more cooperation-grounded resolution of civil disputes. This research was followed by the comparative study of court-related amicable dispute resolution procedures with examples in particular legal jurisdictions like Austria, Lithuania, and Ukraine. Results and Conclusions: Vital changes in the perception of civil procedure regarding the widely accepted need to foster settlements in civil disputes, and an analysis of the most commonly used procedures as court conciliation and court mediation, were presented in this paper. The authors distinguish and analyse three court-related amicable dispute resolution procedures – conciliation, mediation, and the amicable conciliation process, emphasising their peculiarities and features. This research assists dispute resolution practitioners and researchers interested in better understanding how different court-related amicable dispute resolution procedures can be implemented in legal regulation and practice.

Enhancing Community Conflict Resolution Skills: A Training Needs Assesment for Lupon Tagapamayapa

This research aimed to determine the training needs of the Lupon Tagapamayapa, operating under the Barangay Justice System, as perceived by constituents from selected barangays in the City of Ozamiz. Specifically, the study focused on the areas of conciliation efforts to reconcile parties, enforcement of rules, and proper application of legal procedures. A total of 35 constituents participated in the study, and data were gathered using an adapted survey questionnaire. The findings of the study revealed the training needs of the Lupon Tagapamayapa in handling community disputes. By fulfilling this objective, the study aimed to contribute to the development of training programs that would benefit the Lupon Tagapamayapa in four barangays of Ozamiz City through community extension programs. The results indicated that the Lupon Tagapamayapa in the four barangays of Ozamiz City scored very low in the areas of conciliation efforts to reconcile parties, enforcement of rules, and proper application of legal procedures. Furthermore, age, gender, and civil status were found to have a significant impact on the conciliation process to reconcile parties. Based on the findings, the researchers recommended specific areas of training that could be beneficial for the Lupon Tagapamayapa. These areas include conflict resolution, communication skills, legal knowledge, cultural sensitivity, and problem-solving skills. It is important for them to receive training in various techniques and strategies for resolving disputes and maintaining peaceful community relations. By addressing these training needs, the Lupon Tagapamayapa can enhance their effectiveness in carrying out their roles within the Barangay Justice System. It is hoped that this research will serve as a foundation for the development and implementation of targeted training programs, ultimately leading to improved conflict resolution and strengthened community relations in the barangays of Ozamiz City.

Women Leadership and Conflict Resolutions in Nigeria: A Case Study of Amaigbo Women Association, Imo State, Nigeria

Social experts have undoubtedly agreed that conflict is inherent in every human relationship due to clashes of interest. Many studies have also proven that women are the major players in conflict existing in social relationships. In view of this, peace and conflict resolution experts are of the view that women should be given fairground in the management of conflicts if there should be a floor for peaceful co-existence in our various communities. This paper examines the extent to which women leadership affects conflict resolutions amongst Amaigbo Women Associations in Imo State. In this respect, conflict resolution is measured with dimensions such as conciliation, mediation, and arbitration. Three hypotheses were formulated, and a structured questionnaire was distributed to seventy-two respondents in the thirty-six women associations studied. Two respondents, each consisting of the Chairperson and Secretary, were purposively chosen from the thirty-six women associations. Seventy-two copies of the questionnaire were produced and administered, but only sixty-two copies were retrieved and used together with the information obtained through an interview for analysis. The findings revealed that the role of women associations is very relevant to peacekeeping and conflict resolution in our society. The implication of the findings is that women associations were highly engaged in the use of mediation; they also used the conciliation process sometimes but moderately used arbitration in resolving conflicts amongst the people of Amaigbo and its environs in Imo State. Based on these, the study recommends, amongst others, that women associations should be given powers and authority to engage in peace-building and conflict resolution roles, especially in the areas of conciliation, mediation, and arbitration.

The Relationship of Quality Decision-Making and Effectiveness of Conciliation Process of a Barangay Based Justice System

This study was initiated to correlate decision making quality and effectiveness of conciliation process of Lupong Tagapamayapa. The study utilized a quantitative design that involved 371 residents from barangay La Filipina. Thompson’s survey was modified to suit the study setting. The study is also correlational since it sought to investigate the relationship of variables; Quality Decision-Making and Effectiveness of Conciliation Process. Results show that both decision making and conciliation process have high descriptive levels. For decision making, Structure and approach revealed a significant mean(x=4.23), while both evaluation and Transparency and communication got the similar mean scores (x=4.21). Responsibilities got the most significant mean score (x=4.25) under Conciliation Process. This is followed by Mandatory roles (x=4.23) and Function (x=4.22). The results also show a significant (p<0.05) Relationship between decision making and conciliation process. Recommendations were then made to address the result.

Mediators’ professional competence and personal qualities in conducting conciliation processes with varying degrees of success

Orientation: Mediation is becoming an increasingly popular conciliatory procedure, which makes it possible to increase the psychological protection of parties in disputes in educational, social environment and legal practice.Research purpose: To develop and empirically confirm the model of mediators’ professional competencies to determine the features of mediators’ professional competencies and personal characteristics in the conciliation procedure with varying degrees of success.Motivation for the study: Today, the profession of mediator is becoming increasingly popular; however, there is not enough information in scientific literature about the issues of specialists’ professional suitability to training and experience, desirable personality traits and competencies.Research approach/ design and method: A total of 103 mediators from the Russian Arkhangelsk region took part in the study. Research methods include psychological testing using Bardin and Presnov’s ‘11 personality factors’, Costa and McCray’s Five-Factor Personality Questionnaire adapted by Bodunov and Biryukov and questioning (the author’s self-assessment questionnaire of mediators’ professional competencies). Statistical processing was carried out using descriptive statistics, correlation (Pearson’s χ2), multivariate variance and stepwise multiple regression analysis using the SPSS 23 software package.Main findings: The mediators’ professional competence model includes communication, conflict management, problem analysis, planning and self-control. A self-assessment questionnaire for mediators’ professional competencies, which can be used by the 360-degree method, has been developed and tested. A conclusion was made that the success of a conciliation procedure is influenced by such personal qualities as self-control, communication, curiosity and morality. From the list of mediators’ professional qualities, compiled by the authors, the following ones directly influence the success of mediation: activity, specificity, openness, poise, organisation, responsibility and communication skills.Practical/managerial implications: It is necessary to provide additional support for novice mediators, because this will facilitate more active involvement in activities, conduct more conciliation process and subsequently lead to increased success.Contribution/value-add: The developed questionnaire for assessing professional competencies will help in the training and selection of mediators. It will allow us to highlight what key and specific competencies of the mediator hinder the achievement of a successful result in the rehabilitation procedure and require development.

Implementation of conciliation proceedings in Vietnam

The adoption in Vietnam in 2020 of the "Law on mediation and negotiations in court" was a significant event, indicating the preservation and development of the legal and cultural traditions of the country, as well as the reasonable use of the experience of other states in the field of reconciliation of disputing parties. The named Law has a wide range of application. The purpose of the study is that the author gives an overview of the conciliation procedure in the Vietnamese courts, and carefully analyses individual issues, especially the problems arising from the lack of a unified approach to the procedure for recognizing the results of the conciliation procedure by court. The methodological basis of the study is the methods of consistency, analysis, and synthesis. The authors conclude that the introduction of mediation in court has brought many positive results: disputes and lawsuits have been successfully resolved and negotiated. The article provides a general overview of the mediation procedure in the Vietnamese court, and carefully analyses individual problems arising from the lack of a unified approach to the procedure for recognizing the results of the conciliation process by court.

Medication Errors Detected in Primary Health Care after Hospital Discharge

Background: Medication conciliation allows finding discrepancies and medication errors in healthcare transitions, but there are few studies performed after hospital discharge, in the context of primary health care. Therefore, the main aim of this research was to evaluate the process of medication conciliation in primary health care, after hospital discharge. We further sought to analyze some demographic aspects of the patients that could be associated with potential discrepancies. Methods: A cross-sectional study was performed using the database which contained the records generated by the medication reconciliations performed by the physicians of the Andalusian Public Health Service, in Spain. Results: A total of 6115 medication conciliations were analyzed, and discrepancies were found in 73.7% of them. A total of 50.6% were medication errors, the most frequent being medication omission. Medication errors were more prevalent in women of 65 years and older. Conclusions: After hospital discharge, most patients show medication discrepancies in their records, particularly older women. To prevent this, primary health care plays an essential role in the conciliation process, therefore more research is needed in this context.

A Little Give and Take: What Garneau’s Paintings Give When They Take, and Other Stories From Future Past

This article examines the possibilities related to conciliation that are closed, and those that might be opened, through Métis contemporary visual artist David Garneau’s paintings, Aboriginal Curatorial Collective Meeting and Aboriginal Advisory Circle Meeting. I argue that Garneau’s explicit and manifest exclusion of settlers and the colonial gaze on his paintings is also, at the same time and in actuality, a form of invitation into something else. To do this, I first briefly explore how thinkers have problematized settlers’ recognition of Indigenous knowledge, ways of knowing, and art. I then pose the question of what ought to be the normative limits around settlers’ access to Indigenous knowledge and spaces, using Garneau’s own written work about his paintings. I then bring several scholars into conversation around why certain spaces should remain exclusive, some or all of the time, to Indigenous peoples. Finally, I conclude by explaining how the existence of these spaces—and the communication of their existence—is a necessary and otherwise impossible step in the conciliation process. Indeed, I propose in this paper that to experience and confront our own limits to comprehension, as settlers, is a gift; that by creating and sharing his paintings with settlers, Garneau simultaneously reveals settlers’ exclusion from Indigenous spaces to ourselves and invites us into new imaginary spaces of conciliation—ones that are actually possible, because not predicated on an ongoing colonial system of power distribution, but instead on uncertainty, a condition of continued and active relatedness.

Decision-Making Quality towards Effectiveness of Conciliation Process of Lupong Tagapamayapa

This study assessed the decision making quality towards the effectiveness of conciliation process of lupong tagapamayapa. The main purpose and objective of this study is to determine which domain of decision making quality significantly influences the effectiveness of conciliation process of lupong tagapamayapa. This study used the descriptive correlational method of research. This study was conducted in Barangay Tibal-og, Santo Tomas, Davao del Norte, Philippines and it has 100 respondents through quota sampling, who are the constituents of the barangay who availed the services of the lupong tagapamayapa. The researchers adopted two questionnaires from online sources, which were validated through pilot testing. The results have shown that the level of the decision making quality of lupong tagapamayapa is very high, additionally the results also revealed that the level of the effectiveness of conciliation process of lupong tagapamayapa is very high. The study also resulted that decision making quality and effectiveness of conciliation process of lupong tagapamayapa has a positive high significant correlation and lastly, it was found out that evaluation is the domain of the decision making quality that significantly influences effectiveness of conciliation process of Lupong Tagapamayapa. The result of the study will be used to make interventions and programs to maintain and continue the efficiency and effectiveness of lupong tagapamayapa.

Distribution of Poh Roh Asset Due to Divorce in Gayo Lues Community Aceh

This research was conducted in Kute Lintang Village, Blangkejeren Sub-district of Gayo Lues Regency, which discussed the poh roh assets, according to the Gayo Lues customary law, a discussion about the distribution of poh roh assets in the Gayo Lues community. This research applied descriptive method with a normative juridical approach to obtain secondary data, sociological juridical approach, and field research. The distribution system of poh roh assets due to divorce can be done in 2 (two) ways, namely by consensus and carried out through jeuma opat. The conciliation process carried out by divorced husband and wife ussually carried out by way of deliberations involving family relatives from both huband and wife. Whereas dispute resolution through jeuma opat emphasizes family aspects through deliberations to reach consensus, so none from the husband or wife feels defeated or won and jeuma opat knows about the origin of the assets obtained during their marriages, which are inherited assets, where inheritance is obtained from heirs of husband and wife and where are the poh roh assets, then simplify jeuma opat in terms of dividing the poh roh assets if there is a divorce because it already knows the origin of the divorced husband and wife's assets. Legal Consequences if the poh roh assets not shared After the divorce in Gayo Lues is the status of the poh roh assets will be not clear, it means that the husband and wife can no longer separate which is inherited from poh roh assets, even between the inheritance and the poh roh assets has been mixed, so it is very it is difficult to determine the status of property in a marriage.

The relationship between public international law and petroleum law: Study of the case between Timor-Leste and Australia

This article aims to analyze the Law of the Sea and Petroleum to understand the reasons that generated, for more than a decade, the conflict between Timor-Leste and Australia regarding the definition of definitive maritime borders. Timor-Leste has already been exploited and invaded by several nations. Because of the abundance of oil and natural gas, it suffered to gain independence in 2002, as well as struggled to enjoy its maritime territory until 2018, from this new context of the maritime border treaty signed between Timor-Leste and the Australia. The median equidistance line was the parameter used to define the definitive Timorese borders, granting the right to enjoy their maritime territory. The definitive pact on borders has contributed greatly to the development of Timor-Leste, due to the exploitation of sea riches, in addition to recognizing the country’s need for oil companies to assist in the evolution of Timor-Leste in a specific and punctual way. This now needs to be ratified by the national parliaments of both countries. The ratification process is due to be completed in 2019. Timor-Leste is currently seeking to negotiate its maritime borders with Indonesia, but these have been suspended during the mandatory conciliation process with Australia. Now that this process is over, the two countries can resume their discussions aga

Amicable Investor-State Dispute Settlement at ICSID: Modernizing Conciliation and Introducing Mediation

The International Centre for Settlement of Investment Disputes (ICSID) has embarked on a comprehensive reform of its existing dispute settlement mechanism and also added a set of mediation rules to its service offerings. This article reviews the proposed amendments to the ICSID conciliation mechanism and ICSID’s proposed investment mediation framework. In relation to the proposed amendments to the ICSID conciliation mechanism, the article analyzes key differences and similarities between ICSID Convention arbitration and ICSID Convention conciliation, before providing an overview of the amendments proposed to the conciliation framework and offering some conclusions. Subsequently, the article reviews the background against which the ICSID Mediation Rules have been developed and sets out the key differences and similarities between ICSID’s existing conciliation process and the newly proposed mediation mechanism. The article then provides a comprehensive overview of the Mediation Rules before offering conclusions and a positive outlook for amicable investor-State Dispute Settlement.

Model Resolusi Konflik Pemekaran Nagari

DPMN is the third party that helps to resolve the conflict between KAN Nagari Limo Koto and theso call Nagari preparatory government of Padang Laweh Selatan. In resolving the conflict, as a third partyDPMN is able to resolve the conflict between the two parties. The objectives of this research are to describe theresolution of the conflict by both parties and by local governments and to describe the factors that enableDPMN to successfully resolve the conflicts. To achieve the research objectives, this study uses theStructuration Theory proposed by Anthony Giddens and qualitative research method. It was found that theconflict started in 2014 when Nagari Preparation Padang Laweh Selatan was in the process of expansion. Atfirst the conflict was resolved by both parties by way of deliberations twice at the Koto VII sub-district office,but this was unsucessful. Then, after KAN Nagari Limo Koto sent a letter rejecting the expansion of the NagariPreparation Padang Laweh Selatan to the Regent of Sijunjung, DPMN became the third party in resolving theconflict through conciliation. The conciliation process is carried out by: 1) forming a division team to resolvethe conflict; 2) bringing together the two parties to the conflict; 3) collect data related to disputed ulayat lands;4) trace the history of ulayat lands; 5) make the elite from KAN Nagari Limo Koto as partners in resolvingconflicts; 6) make an agreement between the two parties through the Regional Regulation Ranperda; 7)disseminate the draft regional regulation to both parties. The factors that made it easier for DPMN to resolvethe Conflict, namely: 1) making the regulations used in the process of dividing the preparatory village of SouthPadang Laweh as a reference; 2) actors DPMN and Elit Nagari Limo Koto understand that expansion aims toimprove community welfare; 3) the conflict is not complicated.

Yatırım Uyuşmazlıklarının ICSID Arabuluculuk Kurallarına İstinaden Çözümü

<span style="color: rgb(0, 0, 0);">The purpose of the Center established by the ICSID Convention, is to facilitate the settlement of investment disputes through conciliation and arbitration mechanisms under Article 1 of the Convention. Related with the mentioned purpose, in this article, the resolution of investment disputes has been analyzed in the light of “ICSID Conciliation Rules” of the Convention on the Settlement of Investment Disputes between States and Nationals of Other States (ICSID). Including the conciliation procedure prescribed in ICSID Conciliation Rules, the corner stone of this article constituted under the conciliation process as an amicable settlement method. Conciliation, where an investment dispute is involved, is often an alternative solution to the arbitral proceedings. As of many aspects, conciliation can be as effective as an arbitration in order to achieve a consensus via eliminating the disadvantageous features of arbitral proceedings thanks to its more flexible structure. Whether the binding feature of the “conciliator report” at the end of the process is one of the most important factors in the choice of this method. Conciliation should not be seen as an advisory process merely. Within the framework of this article, the characteristics of conciliation process has been examined considering the opposite opinions that advocate the a nonfunctionality and nonbinding effect of conciliation.</span>

Timor-Leste

Timor-Leste Michael Leach (bio) From 25 January, when the president announced an early election for 12 May, it was clear that 2018 would prove an eventful political year in Timor-Leste. The May election followed a nine-month fretilin-led minority government, which proved unable to steer its program and budget through Parliament because the opposition parties formed a majority bloc a month after the government was installed (fretilin is the acronym for one of Timor-Leste’s major political parties, the Revolutionary Front for an Independent East Timor). The election brought the Xanana Gusmão–led Alliance for Change and Progress (amp) coalition back into office. Having returned to power, the new government soon found itself mired in a standoff over ministerial appointments with the president, fretilin’s Francisco Guterres, in the first genuine experience of cohabitation under Timor-Leste’s semi-presidential system. The year also saw a historic agreement between Timor-Leste and Australia that fixed maritime boundaries at the median line in the Timor Sea (Leach 2018), ending a long-running dispute between the two nations. The year was capped off by the government outlining its bold vision for resource sovereignty, and its plan to purchase a majority share in the Greater Sunrise joint venture, to advance its ambitious goal of downstream processing oil and gas on the East Timorese south coast. The July 2017 election saw the opposition fretilin party emerge narrowly ahead of the National Congress for Timorese Reconstruction (cnrt) in terms of seats but unable to establish the alliances necessary to form a majority. With no alternative majority coalition then being proposed, in September President Guterres appointed the first minority government in Timor-Leste’s short constitutional history: a thirty-seat minority coalition with the Democratic Party. But events moved rapidly, and a political standoff emerged in October when three opposition parties—the cnrt, the Popular Liberation Party (plp), and Enrich the National Unity of the Sons of Timor (khunto), together controlling thirty-five of Parliament’s sixty-five seats—rejected the government’s program. Having failed to pass a budget rectification measure needed to fund new programs, the state reverted to a duo-decimal system based on a monthly allocation of one-twelfth of the previous year’s budget. The extended use of this reserve budget system lasted until a new budget was passed in September 2018, and it depressed the national economy, which remains heavily reliant [End Page 563] on government-led expenditures. Rather than installing the opposition amp coalition as the government, President Guterres instead announced a new election, with the fretilin– Democratic Party executive acting as a caretaker government in the meantime. Meanwhile, in the realm of international relations, maritime boundary negotiations with Australia continued under the aegis of a United Nations Convention on the Law of the Sea (unclos) compulsory conciliation process, which was triggered by Timor-Leste. Following twelve months of negotiations that saw “confidence-building measures” enacted—including the termination of the Certain Maritime Arrangements in the Timor Sea treaty, which purported to delay maritime boundary determination for fifty years, and Timor-Leste’s cessation of a separate espionage case against Australia—Timor-Leste and Australia jointly declared that they had reached an agreement on “central aspects” of a maritime-boundary determination in late 2017 (Permanent Court of Arbitration 2017). Once ratified by both parties, the agreement, which was finally revealed on 6 March 2018 (Permanent Court of Arbitration 2018), will create permanent maritime boundaries and revised resource-sharing arrangements in the yet-to-be-developed Greater Sunrise oil and gas field. Timor-Leste secured a median-line boundary in the Timor Gap, creating a permanent maritime boundary for the first time. The median-line boundary will place 100 percent of the existing Joint Petroleum Development Area in Timor-Leste’s waters, where current treaties divided the revenue 90 to 10 in its favor. As these fields are nearing the end of their life, far more financially significant is the renegotiated revenue split over the as-yet-untapped Greater Sunrise field, worth in excess of us$40 billion, which straddles the eastern lateral (or side) boundary of the Joint Petroleum Development Area. The renegotiated agreement...

La conciliación virtual extrajudicial en Derecho; reflexiones frente a la éticaa

&#x0D; La conciliación es una figura socio-jurídica a la vanguardia, en muchos escenarios de la actualidad se escucha hablar de ello. Objetivo. Hacer una reflexión del componente ético en la conciliación extrajudicial virtual reconociéndolo como un mecanismo gratuito, rápido, eficaz para la solución de conflictos jurídicos. Materiales y métodos. La investigación aplicó el método deductivo-analítico, se investigó acerca de la aplicación de la figura de la conciliación virtual en los centros de conciliación y arbitraje tomando como muestra la ciudad de Medellín. Resultados. Los resultados parciales que se han encontrado en la investigación se centran en la adaptación de la virtualidad en las audiencias de conciliación. Conclusiones. La ética en la conciliación virtual es un resultado de los avances sociales, que permite el uso de las tecnologías como medio para llegar a más personas, hacer más efectivos y económicos los procesos conciliatorios, que tiene como fin ético solucionar conflictos por medio de la cultura del diálogo. &#x0D; &#x0D;

Timor-Leste

Timor-Leste Michael Leach (bio) The year 2017 in Timor-Leste was dominated by a round of national elections and a major breakthrough in the country's long-running dispute [End Page 539] with Australia over maritime boundaries. In the latter part of the year, a newly installed fretilin-led minority government proved unable to pass its program in Parliament, which saw the country head back to the polls in May 2018. (fretilin is the acronym for one of Timor-Leste's major political parties: the Revolutionary Front for an Independent East Timor.) A new maritime boundary and revenue-sharing treaty with Australia negotiated over 2017 was signed in early March 2018. The year started unexpectedly with a joint announcement that the government of Timor-Leste would terminate the 2006 Treaty on Certain Maritime Arrangements in the Timor Sea (cmats) with Australia (Australian Treaty Series 2007). The decision, which Australia did not contest, opened the way for progress in boundary negotiations. Aside from sharing the proceeds of undersea resources, the key feature of cmats was a fifty-year moratorium on boundary negotiations in favor of a series of revenue-sharing agreements, known as "provisional arrangements" under the UN Convention on the Law of the Sea, or unclos. Having vigorously defended cmats as recently as 2016, several factors explain the change in Australia's position. The 2006 treaty had been tarnished by allegations that Australia had spied on the East Timorese negotiating team in 2004 (smh 2013). Timor-Leste had then challenged the treaty, invoking the Vienna Convention's principle that negotiations should take place in "good faith." Equally significantly, in April 2016 the government of Timor-Leste initiated compulsory conciliation proceedings under unclos with the aim of concluding permanent maritime boundaries with Australia. Australia's opening legal gambit—a jurisdictional claim that the cmats treaty had already settled the border dispute—was dismissed by the conciliation commission in September 2016, which found that Australia's obligation to settle the boundary survived the treaty and its purported moratorium (unclos Conciliation Commission 2016). Having lost this argument, Australia had little further practical use for cmats. An additional factor was the dispute between China and its neighbors in the South China Sea, which raised the regional profile of international law in boundary disputes. In that case, Australia urged China to follow the rule of law, as represented by the decision of the tribunal formed under unclos. The contrast with Canberra's own behavior—its refusal to discuss a boundary in the Timor Sea and its withdrawal from the dispute-settlement provisions of unclos shortly before East Timorese independence in 2002—had created a public relations problem for Australia. For example, the powerful US House Armed Services Committee's National Defense Authorization Act for 2018 was specifically amended to encourage resolution of the maritime-boundary dispute between Australia and Timor-Leste. The committee noted that negotiations would send "a positive signal to other states in the region regarding adherence to a rules-based international order," highlighting the "potential security benefits" likely to flow from a peaceful resolution of the dispute (US House Armed Services Committee 2017, 2). There is little question that this shift in Washington [End Page 540] signaled extra pressure on Canberra to resolve the matter within the unclos conciliation process. These negotiations reached a partial conclusion in September 2017, discussed later in this review. The 2017 round of elections occurred in the wake of a government formed in extraordinary circumstances in early 2015, when the former independence movement leader Xanana Gusmão handed over the prime ministership to an opposition fretilin figure, Rui Araújo. Though best seen as a power-sharing executive rather than a formal government of national unity, this informal "grand coalition" between Timor-Leste's two largest parties—the National Congress for Timorese Reconstruction (cnrt) and fretilin—was a remarkable development, given the bitter tensions between the parties as recently as 2012. Described by a senior cnrt minister as a transition from "belligerent democracy to consensus democracy" (Pereira 2014), this powerful combination left President José Maria Vasconcelos (better known by his nom de guerre, Taur Matan Ruak) as the closest thing to an effective opposition. Ruak did...