Peace Agreement Research Articles

Judicial Mediation: Is Reconciliation Impossible in Divorce Cases?

Judicial mediation attempts to realize the principle of peace in civil cases, however, in its implementation in religious courts there is still minimal success in producing peace agreements, especially in divorce cases. This research aims to analyze whether it is impossible to reconcile the parties in a divorce case through judicial mediation. This research is empirical legal research with a case approach. The data collection methods involve observation, interviews, and documentation. These data are then validated using the triangulation method. After data validation, the next step is to analyze using an analytical method using the theory of legal objectives. Research findings show that successful mediation in divorce cases is not impossible, it's just that divorce cases are very difficult to reconcile, because the parties who submit divorce cases to court usually have reached the climax of domestic problems, and some have not lived together for a long time.

Settlement agreement in civil and economic proceedings: a comparative aspect of research

The article is devoted to a comparative legal study of the institution of a settlement agreement in the fields of civil procedural and economic procedural law.
 The significance of the settlement agreement in civil and economic processes is highlighted. It is stated that when concluding and approving a settlement agreement, the parties independently choose a way out of the conflict situation, and the court is freed from the obligation to consider the merits of the case for which proceedings have already been opened. The settlement agreement encourages the parties to voluntarily fulfill their obligations, reducing the burden on enforcement agencies. Therefore, the right to conclude a settlement agreement in civil and commercial proceedings is an important procedural tool that contributes to the successful protection of the rights and interests of the parties to the dispute, as well as relieves the court's work in considering court cases.
 A comparison of the normative and legal regulation of the settlement agreement by the norms of the Civil Procedure Code of Ukraine and the Economic Procedure Code of Ukraine is carried out. The purpose of the settlement agreement, the entities that have the right to conclude it, the procedure for approving the settlement agreement by the court, the caveats regarding the impossibility of concluding a settlement agreement and the procedural consequences generated by the settlement agreement are studied. The uniformity of the regulation of the specified issues by both procedural codes is noted.
 The changes related to the implementation of peace agreements are analyzed and the position of the legislator to equally solve the existing problems in this area is approved, since enforcement proceedings act as a common procedure for court cases of many court jurisdictions.
 On the other hand, the peculiarity of the regulation of the settlement agreement in economic proceedings, compared to civil proceedings, is noted. Attention is paid to the settlement agreement concluded in the bankruptcy case, which, although it is considered according to the rules of legal proceedings, nevertheless differs in its uniqueness, which affects the possibilities of closing the proceedings according to the concluded settlement agreement.
 It is concluded that the norms regulating the settlement agreement in the civil and economic process, despite minor differences, are included in the institute, which has an interdisciplinary nature. The similar nature of its legal norms requires unified management through the coordinated application of changes to the legal system by the legislator.

К вопросу о крымских событиях после заключения мирного договора России с Османской империей летом 1774 г. или несколько слов в защиту князя В.М. Долгорукова

In July 1774, Haji Ali Pasha’s Ottoman troops landed on the Crimean coast. The combat operations between the Ottomans and the Russian army resumed in the Crimean Peninsula. At the same time, the Tatars started an armed insurrection. The combats stopped when the troops got official information about the conclusion of the peace treaty in Kucuk-Kaynarca. However, the situation in the Crimean Khanate still continued to be tense. The government of the Russian Empire tried to blame Prince Dolgorukov, the commander in chief of the Second Army, for the crisis. This article attempts to sort out whether these accusations were grounded.

Heterogeneous effects of violence on student achievement: Evidence from Colombia

AbstractIn this paper, I study the causal relationship between violence and human capital accumulation. Due to a power vacuum left in conflict zones of Colombia after the 2016 peace agreement, large spikes in violence were reported in the municipalities of the country dominated by the rebel group FARC. I compare student test scores in municipalities that experienced the increase in violence to the ones that did not, before and after the national peace agreement. I find that a 10% increase in the homicide rate reduces average high school test scores by approximately 0.03 standard deviations. However, this impact is greater in the case of poor students who suffered a reduction of about 0.1 standard deviations per subject area, equivalent to 3.3 percentage points out of the final score. I also consider heterogeneity by gender finding a slightly larger negative impact on female students. This disparate effect on women and on the poorest students adds new evidence to the literature on the effects of armed conflict on learning outcomes.

Skaldic Poetry across Borders. Sigvatr Þórðarson’s Austrfararvísur

The Austrfararvísur (Verses on a Journey to the East) could be defined as a poem of borders: in these vísur Sigvatr Þórðarson, the skald of Óláfr the Saint, narrates his crossing of various geographical, political, and religious borders. Austrfararvísur are preserved in Snorri Sturluson’s Óláfs saga helga and concern the famous episode of Sigvatr’s visit to Västergötland, where he attempted to mediate a peace deal between King Óláfr Haraldsson of Norway and the king of Sweden. The text describes dramatic moments and inhospitable places that Sigvatr experienced in his travel from Norway to Sweden, where an immense forest still serves as a natural border today. This was also the natural border that the Norwegian dynasty traversed when, in prehistoric times, Swedish kings moved from Sweden to Norway. Now Sigvatr follows the same path, but in the opposite direction.

CHILD SOLDIERS AND PEACE AGREEMENTS

AbstractFor societies transitioning from conflict to peace, the phenomenon of child soldiers poses significant challenges. These include quandaries associated with assisting in the reintegration of serving child soldiers, determining how to prevent future recruitment of child soldiers, and pursuing accountability of those who utilize child soldiers. In addition, questions are also raised as to whether and how child soldiers responsible for crimes committed during conflict are to be held to account. While no one mechanism or response can adequately and sufficiently address the multifaceted issues that arise, peace agreements, as foundational documents that serve as the blueprint for peacebuilding and the post-conflict State, can make a useful contribution to some or all of them. Drawing on all references to child soldiers in 77 peace agreements signed between 1990 and 2022, this article examines the ways in which peace agreements address the issue of child soldiers.

Russian-Swedish Diplomatic Communication in the Petrine Era: The Chronicle of Language Choice

The languages of Russian-Swedish negotiations, congresses, and peace treaties of the reign of Peter I have rarely been mentioned in the works covering the history of Russian-Swedish relations or foreign policy, and they have never become the subject of special research. Based on a vast set of sources deposited in the Russian State Archive of Ancient Acts (RGADA), the Archive of Foreign Policy of the Russian Empire (AVPRI), and the Swedish National Archives (Riksarkivet), the article provides an overview of major diplomatic events of the Russian-Swedish relations of 1718–1724, paying close attention to the language of negotiations, peace treaties, ratifications, and correspondence. At the time, when both sides used their national language, the traditional bilingualism of the Russian-Swedish diplomatic documents coexisted with the active use of the German language as a neutral one. More particularly, this was due to the lack of Swedish translators in Russia and the fact that both Russian and Swedish diplomats were of German descent or spoke German. However, the author argues that the use of German was not obvious and had limits, as languages of diplomacy retained their symbolic meaning. Traditionally, the formation of the Petrine diplomatic system is described as a departure from tradition, the inclusion of Russia into the eighteenth-century state system, and its adaptation to the diplomatic customs of European diplomacy. A review of the Russian-Swedish diplomatic language practices shows that each side employed its language, and Swedish diplomats refused outright to communicate with Russian authorities in German. The author assumes that studying early modern European diplomacy requires a micro-perspective and regional focus. This approach could be more productive for understanding the formation and functioning of early modern diplomacy than the traditional framework of Russian integration into the uniform European diplomatic system.

Farianas, experiencias desde la insurgencia

This article aims to approach the experiences of women insurgents of the FARC-EP within the armed conflict context, before the signing of the Final Peace Agreement. The analytical references were presented from two perspectives: peace studies and feminism. The methodological approach is qualitative. Dialogical techniques were used with women who signed the peace agreement, and who are currently in the reincorporation process. The inquiry revolved around their role in the transformation of society, the construction of peace, and the guarantees of non-repetition of the different types of violence that took place during the armed conflict in Colombia. This work collects what these women expressed regarding equality, femininity, community life, maternity, and care, all mediated by the socio-historical context of the war in Colombia.

Pendekatan Restorative Justice Terhadap Tindak Pidana Pencurian Oleh Pelaku Dibawah Umur

This research is intended to: (1) find out how restorative justice is implemented by investigators in handling criminal acts of theft committed by children (2) to find out what factors hinder the application of restorative justice in handling criminal acts of theft committed by children. This research uses a type of normative legal research, with a statutory approach and a case approach. The sources of legal materials used are primary legal materials and secondary legal materials. The results of the research show, first, the application of restorative justice to criminal acts of theft handled by investigators at the Gorontalo Police is carried out by carrying out mediation between the victim/victim's family and the perpetrator's child/family of the perpetrator. children, and must fulfill material requirements such as not causing unrest, not being a serious crime, and there being compensation to the victim by the child perpetrator, and must fulfill formal requirements. Second, the factors that hinder the application of restorative justice to criminal acts of theft committed by children handled by Gorontalo City Police investigators consist of the failure to fulfill the peace agreement between the parties (victim and perpetrator), and no compensation to the victim, making the legal process impossible. can be implemented with restorative justice.

Analysis of associative entrepreneurship as a territorial strategy in the municipality of Mesetas, Meta

This document reflects partial results of the characterization phase of the research project, where approaches were made with the community to identify the territory, using temporality maps within the participatory methodology called: social cartography. In this identification process, the association to achieve productive development and rural competitiveness in Mesetas was determined as a territorial enterprise, which in recent years, after the Peace Accords, have been constituted in a large number under the collective and collaborative principle, to the channeling of resources offered by governmental and international cooperation entities; improve the quality of life of producers; access training programs; implement farmers markets; incentivize fair prices, thus eliminating intermediaries; develop business skills; improve the marketing, distribution and even raw material transformation system to achieve optimal negotiation conditions, among other findings

Preparations and Expenses Made for the Delegation and Mediating Ambassadors Dispatched to the 1737 Peace Negotiations

Bu çalışmada Rusya’nın 1736 Mart’ında Azak’ı işgal etmesiyle başlayan savaşı sonlandırmak için Osmanlı yönetiminin tayin ettiği mükâleme ordusu ile arabulucu Avrupalı devletlerden Avusturya, İngiltere ve Felemenk elçileri ve beraberindekilerin ihtiyaçları için yapılan hazırlıklar ele alınmıştır. Harbin başlamasıyla birlikte Avusturya kralı VI. Karl, Rusya ile yapılan 1726, 1733 ve 1737 anlaşmaları gereği Osmanlı Devleti’yle bir savaş olması halinde harbe girmeyi taahhüt etmişti. Nitekim görünürde sulhu görüşmek gerçekte ise barış yapılacağı gayesiyle süreci uzatıp hazırlıkları tamamlayarak savaşa girmeyi amaçlamıştı. Bunu gerçekleştirmek için Talman’ı görüşmeleri başlatmak için elçi olarak görevlendirmişti. Osmanlı Devleti ise müzakerelere katılmak üzere bir murahhas heyeti tayin ettiği gibi İstanbul’daki İngiltere ve Felemenk elçilerinin arabulucu olmasını isteyerek görüşmelere katılmalarını talep etmişti. Neticede İstanbul’dan hareket eden Osmanlı mükâleme ordusu ile Avrupalı elçilerin Kasım 1737 başına kadar ki beslenme, konaklama, ulaşım-nakliye, yol harcırahları ve tayinat harcamaları Osmanlı Devleti tarafından karşılanmıştı. Bunların yapılması için satın alma, kiralama ve halkın vergileri takas olunarak temin edilmeye çalışılmıştı. Araştırma sonunda barış müzakerelerine katılan mükâleme ordusu ile yabancı elçi ve beraberindekilere yapılan masrafların tespiti, ne tür harcamaların yapıldığı ve bunun hazineye getirdiği maliyetin boyutu ele alınacaktır.

PALESTINIAN-ISRAELI CONFLICT IN WAR AND PEACE APPROACH

The Palestinian-Israeli conflict is a conflict that has been going on for decades and has not been resolved even though it has involved many countries to encourage the implementation of the peace process. The Palestinian-Israeli conflict is multifaceted, with various internal and external factors influencing the course of the conflict. In this paper the author tries to examine what approaches have been used in resolving the conflict, the method used by the author in compiling this paper is a qualitative descriptive approach based on literature studies or library research. In this paper the author finds that various initiatives and peace negotiations have been attempted to end the conflict between Palestine and Israel, ranging from the Reconciliation approach, the approach to the formation of two states to the proposal of confederation have also been carried out, but this has not found enlightenment in its settlement thus making it difficult for leaders to find common ground. Internationally, regional power dynamics, national interests, and external interventions are increasingly complicating the path to peace and to date the two-state solution remains the most widely supported option, the greatest challenge of which lies in addressing core issues and reconciling competing national aspirations. Achieving peace and stability in the region requires sustained dialogue, compromise, and commitment from all stakeholders involved.

A Case Study of the Consequences of Political Participation on Communities: North and South Cyprus Sample

As is known, the Cyprus Peace Negotiation have been continuing for more than fifty years. For more than forty years, people in Cyprus have been spending a conflict-free and peaceful life. In this study, the fifty-year process of Cyprus Peace Negotiation will be summarized and explained at large within the framework of public policy analysis, analysis phases, policy preparation/implementation methods and the role of institutions in the process. The voting of the 2004 Annan Plan between the Turkish Cypriots and the Greek Cypriots during this process and the effect of the voting outcome on the negotiation process will be discussed. With the opening of the border gates that provided controlled passage to northern and southern Cyprus shortly before the Annan Plan was put to a vote, the effects of the new conditions created by the collective and free contact of two populations on the negotiation process and the future apprehension of Turkish Cypriots will be analysed. Since the study involved theoretical approaches, indirect research method was adopted as a method and domestic and foreign sources were scanned within this framework. In parallel with this method, content analysis technique was used. According to the findings, such multilateral conflicts Generals and 22 UN Special Representative behind, there is the danger of the means to turn into a goal. This possibility should not be ignored and the content of the talks and the subject of negotiation in question must be preoccupied on. It is also cumbersome to maintain the peace and the human duty to endure this hardship. It is only possible to conclude the negotiations by agreeing on the acceptance and ingestion of these facts, and perhaps by agreeing on a number of boundary regulations and similar requirements. This means that all parties agree that the actual situation is the best solution.

The dialogical theology of Hans Küng: Clash between the Catholic Mission and Islamic Da’wah in Indonesia

This article explains the clash between the Catholic mission and Islamic Da’wah in Indonesia, as viewed from the theological perspective of Hans Küng (1928-2021). Küng was neither an orientalist nor an Islamologist; he was a Catholic theologian who contributed to interreligious dialogue for world peace. The primary source of data in this study is Küng’s work. The study findings assert that Küng proposed a dialogical-theological concept that is established on three pillars, namely autocritique of religion, global ethic, and dialogue among civilisations. Küng’s “dialogue among civilisations” is an antithesis to “clash of civilisations” proposed by S.P. Huntington (1927-2008). The findings indicate relevance in the Indonesian context. The three pillars are in line with the concept of Rational Islam, universal values in Pancasila, and the presence of the Center of Religious Harmony ofthe Republic of Indonesia.

Challenges in the conceptualization and implementation of normalization: insights from Egyptian–Israeli Relations

ABSTRACT On 26 March Egypt and Israel signed a peace treaty after years of bloody conflict – a major milestone in the history of the Arab-Israeli conflict. The countries agreed to Normalize relations yet each interpreted and perceived normalization differently. The transition from conflict to peace poses a great challenge to scholars of conflict resolution, and yet the subject of normalization has received little attention in existing IR literature. This study seeks to propose different meanings of normalization and their practical implications for bilateral and regional relations in the Middle East. To achieve that goal, we chose the four-decade-old Egyptian-Israeli stable peace as our case study. Based on multilingual first-rate primary and secondary source materials and interviews, our study proffers two new forms of normalization of relations: One is material/strategic normalization which may be defined as partial normalization; The other is people-to-people / cultural normalization which demonstrates complete reconciliation expressed in full normalization.

Addressing environmental damages in contexts of armed conflict through transitional justice in Colombia

Abstract It is unquestionable that Colombian armed conflicts have had adverse impacts on the natural environment in the country. Current transitional justice mechanisms offer an opportunity to recognize harm and responsibility, establish restorative sanctions and reparations and adopt public policies for the recovery of ecosystems and prevention of further damage. This article focuses on how transitional justice mechanisms, especially the Special Jurisdiction for Peace, have addressed the effects of armed conflicts on the natural environment. Specifically, it analyzes the criminal characterization of environmental degradation, the question of whether amnesties and pardons could be granted for such conducts, precautionary measures and the implementation of restorative sanctions related to the environment. It presents some challenges regarding the preservation of the natural environment due to the persistence of armed conflicts after the 2016 Peace Accord between the government and the FARC-EP guerrillas, and the sustainability of reparations for victims and prevention of further damage. It also sustains that the developments of current transitional justice mechanisms may have significant influence on ongoing and future peace negotiations with other armed groups and the processes for establishing responsibility for environmental damages.

Analisa Jejaring Sosial dan Retorika Deliberatif

The aim of this research is to examine the phenomenon of deliberative rhetoric using the hashtag #SepakatDamai on Twitter to motivate the public. After the tragedy of riots between football supporters at the Kanjuruhan Stadium, it succeeded in triggering public attention and became a trending topic on Twitter. Many football supporters and the general public take an active role in voicing peace to reduce fighting. Through the hashtag #SepakatDamai, the public is persuaded to get involved in carrying out peace agreement actions so that, in the future, there will no longer be any hostility between football supporters. In the end, tweets from actors involved in peaceful demonstrations form social network patterns that can be utilized in deliberative rhetorical actions. The hashtag #SepakatDamai plays a role in mobilizing public opinion support for the peace agreement between football supporters. This discussion emerged spontaneously on Twitter and was widely discussed until it became a trending Twitter topic. This research uses the Social Network Analysis (SNA) method and then connects it with the Digital Movement of Opinion and Rhetoric Theory. This research stage began by determining the most dominant actor in the hashtag #SepakatDamai. After that, the researcher carried out an analysis of the posts made by that actor to determine the rhetorical phenomenon. The results of this research found that the hashtag #SepakatDamai succeeded in mobilizing public opinion about the football supporters' peace agreement. The most dominant actor is @mafiawasit, with a network structure value of degree 1.471, closeness 1.0, betweenness 0.000238, and eigenvector 1.0. The @mafiawasit account carries out deliberative rhetoric for the public by showing the facts that have occurred regarding the peace agreement between football supporters through posts on Twitter and retweeting similar posts so that the public follows the peaceful demonstration.

Trans-boundary water management during the peace process in Korean peninsula: Solution finding from previous precedents

South Korea and North Korea are divided states and armed-conflict counterparties. Peace building has been pursued since the 1953 Armistice Agreement, but no meaningful results have been achieved. Recently, tensions have risen in the transboundary maritime areas around the NLL, the provisional maritime delimitation line between the two Koreas. Two Koreas' unique circumstances require case studies between divided and/or armed-conflict States focusing on maritime areas. From the first case of maritime delimitation under the peace treaty between Israel and Jordan to the divided States and/or the armed-conflict States case, i.e. the East and West Germany case, the Cyprus case, the Northern Ireland case, the Israel-Jordan case), this paper aims to extract legal implications and lessons for the peaceful management of transboundary maritime areas and waters surrounding the NLL. Till now two Koreas have only agreed on transboundary maritime management with the issue-specific approach. For the future, in addition to the achievement of the issue-specific approach to the transboundary maritime management, it needs to consider the integrated maritime management, such as the MSP.

The Taliban’s Return to Power: An Empirical Analysis of the Afghan Peace Negotiations of 2018–2020

ABSTRACT Peace negotiations reduce violence and facilitate a roadmap to prosperity and stability. This study assesses the immediate effects of four significant events during the Afghan peace talks on the 7-day district-level averages of violent incidents and fatalities during 2018-2020. I use a regression discontinuity in time design to test game-theoretic predictions and an event study analysis to highlight the districts with concentrated effects. The initiation of US – Taliban talks escalated violence, particularly that between the Taliban and Afghan forces in highly violent districts. Conversely, the cancellation of talks and US – Taliban deal agreement substantially reduced violent incidents, specifically those between Afghan forces and the Taliban, in highly violent regions. The meeting between the Afghan government and Taliban reduced the possibility of Afghan forces attacking the Taliban. To indicate their good faith, the Taliban became less violent following certain events; however, this reduction in violence was short-lived. Furthermore, the Afghan government actively engaged in military responses, despite its absence during the US – Taliban talks. After the US – Taliban deal agreement, the Taliban’s aggression increases, whereas Afghan forces’ offense against the Taliban remained below the historical average.

OPTIMIZING MEDIATION AS AN EFFORT TO SETTLE MARITAL DISPUTES IN COURT

This study discusses the Optimization of Mediation in the Resolution of Marriage Disputes in Court. Marriage is an essential event in human life as a legal and religious act. Along the household's journey as husband and wife, it is not uncommon for differences of opinion or principles between husband and wife to occur, which end up threatening the integrity of a marriage. Mediation as one of the Alternative Dispute Resolution (ADR) is seen as a humanist and equitable way of resolving disputes. Humanist because the decision-making mechanism (peace agreement) is the authority of the parties to the dispute and maintains good relations. Fair because each party negotiates options for resolving the problem. Divorce cases in religious courts are first required to be mediated; Mediation is carried out to resolve problems to reconcile the husband and wife. This study uses a normative juridical research method using a statutory approach that focuses on optimizing Mediation in the Resolution of Marriage Disputes in Court. The result of this study is that the optimization of Mediation in court cannot be separated in several ways, namely the Supreme Court, as part of law enforcement, which issued PERMA No. 1 of 2016 concerning mediation procedures in court, is the right step in resolving disputes, especially marital disputes. In addition, the role of competent mediators, cooperative parties, and reasonable legal culture.
 Keywords : Optimization, Mediation, Marriage Dispute