Peaceful Resolution Of Disputes Research Articles

Navigating the theories in the nexus between war and peace

This research examines the relationship between war and peace within the realm of international relations, drawing from a diverse array of theories. It investigates conflict, ranging from power dynamics to ideological disputes, while also evaluating the ethical dimensions of the Just War theory. Through the application of the Just War theory to the dynamic interplay between war and peace as a theoretical framework, this study underscores the vital significance of fostering peaceful dispute resolution, upholding ethical standards in warfare, and undertaking comprehensive post-conflict reconstruction efforts. Employing a historical research design, the study gathers data from secondary sources including journals, books, and ancient encyclopedias, ensuring the credibility of its analysis. Utilizing a descriptive method of data analysis, the research employs deductive logic to maintain a coherent framework and ensure balanced interpretation. Despite disagreements among theories, the study prioritizes accuracy to draw appropriate conclusions. The findings of this study reveal the profound interconnectedness between war and peace, highlighting how conflict arises from a myriad of factors including power struggles, ideological differences, and diplomatic failures. Furthermore, the ethical evaluation of war through the Just War theory provides valuable insights into the moral complexities surrounding armed conflict and its implications for peace-building efforts. Considering these findings, several recommendations are proposed to address the persistent challenge of achieving lasting peace amidst armed conflicts. Emphasizing diplomacy as a primary approach to conflict resolution, prioritizing ethical standards in warfare, and fostering peace education to cultivate values of tolerance and non-violent conflict resolution from an early age are key strategies identified for promoting sustainable peace. By offering recommendations for proactive conflict prevention and strategies in international cooperation, this research aims to contribute to the global pursuit of a more equitable, harmonious, and peaceful world order. Through its rigorous analysis and actionable insights, the study seeks to inform policymaking and advocacy efforts aimed at fostering sustainable peace on a global scale.

Penyelesaian Sengketa Wanprestasi Secara Alternatif Melewati Badan Arbitrase Nasional Indonesia (BANI)

Peaceful resolution of disputes is the main goal in the modern legal system. One form of peaceful resolution, namely arbitration, is recognized as an effective way to resolve disputes firmly and bindingly. Arbitration is part of Alternative Dispute Resolution (ADR), which includes various methods of resolution outside of court or litigation. In the context of resolving default disputes, the Indonesian National Arbitration Board (BANI) is an efficient option. This research aims to analyze the role and benefits of arbitration in handling default disputes, especially those related to BANI. The research method used is normative legal research by collecting and analyzing secondary data such as laws, regulations, arbitration decisions and related literature. The research results show that the default dispute resolution process through BANI involves several steps, including arbitration selection, trial process, and final decision. The advantages of resolving default disputes through BANI include speed, legal certainty through arbitration awards, and the diversity of arbitrators who can provide different points of view in resolving disputes. Based on research findings, the decision of the Denpasar District Court Class I A Number 3/Pdt.G/2017/PN.Dps is based on Article 3 of Law no. 30 of 1999 concerning Arbitration and Alternative Dispute Resolution. The judge stated that the District Court did not have the authority to decide disputes between two parties who were bound by an arbitration agreement. This shows that if a dispute occurs, the parties must resolve it through deliberation. If deliberations are unsuccessful, the resolution will be handed over to the Indonesian National Arbitration Board (BANI).

UZBEKISTAN - QATAR: A NEW STAGE OF BILATERAL COOPERATION

The article is devoted to the visit of the Emir of Qatar, Sheikh Tamim bin Hamad Al Thani, to Uzbekistan, which attracted a lot of attention both within the country and abroad. During the visit, important agreements were reached and agreements were signed in various fields, including politics, trade, economics, culture, humanitarian sphere and investment. Qatar's growing political and economic role in international relations is also noted, especially in ensuring security and resolving conflicts in the Middle East and Afghanistan. Qatar actively promotes the peaceful resolution of disputes, rejecting the use of military force and coercion. Both states - Qatar and Uzbekistan - have common interests in ensuring security in the region, especially in Afghanistan, and strive for stability and prosperity in Central Asia and the Middle East.

Indonesia vs. Malaysia: The Battle for Border Territory Resolved

This paper provides a comprehensive analysis of the resolution of the longstanding border dispute between Indonesia and Malaysia. The study delves into the complex dynamics of this conflict, offering insights into its historical context, the key issues at stake, and the eventual resolution reached between the two nations. The Indonesia-Malaysia border dispute has been a contentious issue for decades, marked by conflicting territorial claims and occasional tensions between the two neighboring countries. Rooted in historical and geopolitical factors, the dispute has encompassed various regions along the land border, including areas rich in natural resources and strategic importance. This paper examines the factors that fueled the dispute, ranging from historical grievances to economic interests and geopolitical considerations. It explores how these factors influenced the negotiation process and shaped the positions of both Indonesia and Malaysia. Central to the analysis is the discussion of the diplomatic efforts and mechanisms employed to address the dispute. From bilateral negotiations to third-party mediation, the paper evaluates the effectiveness of different approaches in facilitating dialogue and fostering cooperation between the two nations. Furthermore, the paper highlights the role of international law and norms in guiding the resolution process. It assesses how principles of territorial sovereignty, boundary delimitation, and peaceful dispute resolution were applied in reaching a mutually acceptable agreement. Finally, the study discusses the outcome of the resolution and its implications for Indonesia, Malaysia, and the broader region. It examines the terms of the agreement, including any concessions made by either party, and considers the potential impact on bilateral relations, economic development, and regional stability. By providing a nuanced analysis of the Indonesia-Malaysia border dispute and its resolution, this paper contributes to a deeper understanding of interstate conflicts and the mechanisms available for their peaceful resolution in Southeast Asia.

The Geopolitical Implications of Taiwan-China Relations on Regional Security

Introduction: China and Taiwan is fraught with tension as Taiwan seeks to maintain its autonomy against China's growing power. This relationship is a critical flashpoint in East Asia, with conflicting sovereignty claims hindering diplomatic progress. To manage this situation, it is essential to understand its complexities and avoid provoking Beijing, allowing time for future generations to reassess the relationship. Methodology: The objective of this research is to investigate particular issue regarding China and Taiwan within the realm of political science by utilizing secondary data. The review encompasses a variety of primary and secondary sources, including articles, books, journals, and pertinent online data. The objective of this literature evaluation is to discern deficiencies, regularities, and tendencies in the current research pertaining to the subject matter. Results/ Findings: The China-Taiwan relationship is characterized by political instability, divergent interests, and historical tensions, fueled by linguistic, ethnic, religious, and political disparities. The Taiwan Strait symbolizes the enduring animosity between the two, complicating reconciliation efforts. Regional security concerns are exacerbated by China's actions in the South China Sea, necessitating responses from stakeholders like the US, Japan, and South Korea. Taiwan's geopolitical importance, economic strength, technological advancements, and military capabilities underscore its significance in regional security and global trade. Future Direction/ Implication: The future of China-Taiwan relations relies on diplomatic efforts to de-escalate tensions and promote dialogue. Prioritizing stability and peaceful dispute resolution is crucial amid regional security concerns, with implications extending beyond the Taiwan Strait to influence global geopolitics.

Penyelesaian Sengketa Wanprestasi Secara Alternatif Melewati Badan Arbitrase Nasional Indonesia (BANI)

Peaceful resolution of disputes is the main goal in the modern legal system. One form of peaceful resolution, namely arbitration, is recognized as an effective way to resolve disputes firmly and bindingly. Arbitration is part of Alternative Dispute Resolution (ADR), which includes various methods of resolution outside of court or litigation. In the context of resolving default disputes, the Indonesian National Arbitration Board (BANI) is an efficient option. This research aims to analyze the role and benefits of arbitration in handling default disputes, especially those related to BANI. The research method used is normative legal research by collecting and analyzing secondary data such as laws, regulations, arbitration decisions and related literature. The research results show that the default dispute resolution process through BANI involves several steps, including arbitration selection, trial process, and final decision. The advantages of resolving default disputes through BANI include speed, legal certainty through arbitration awards, and the diversity of arbitrators who can provide different points of view in resolving disputes. Based on research findings, the decision of the Denpasar District Court Class I A Number 3/Pdt.G/2017/PN.Dps is based on Article 3 of Law no. 30 of 1999 concerning Arbitration and Alternative Dispute Resolution. The judge stated that the District Court did not have the authority to decide disputes between two parties who were bound by an arbitration agreement. This shows that if a dispute occurs, the parties must resolve it through deliberation. If deliberations are unsuccessful, the resolution will be handed over to the Indonesian National Arbitration Board (BANI).

International Law: Existence in International Dispute Settlement Efforts as a Symbol of Peace in the International Community

The settlement of disputes has been a significant concern in the international community since the 20th century. In its early development, dispute resolution could be achieved either peacefully or through the use of force. However, with the growing awareness of the dangers of war and the advancement of weapon technology, the international community has increasingly recognized the importance of peaceful dispute resolution. In the dynamics of its development, international dispute resolution can be distinguished between legal and political disputes. The opinions of international law experts regarding this distinction vary. There is also a middle ground view that states every dispute has its own political and legal aspects. The development of peaceful dispute resolution has been taking place since the Hague Peace Conferences of 1899 and 1907. During these conferences, rules for peaceful dispute resolution between nations were established. International law also regulates the obligations of states to settle disputes peacefully, as stated in the UN Charter. Technological advancements and the existence of official rules from the UN have strengthened the presence of international law in maintaining international peace and security. The obligation of states to settle disputes peacefully and refrain from the use of force is a recognized principle in international law.

International Law: Existence in International Dispute Settlement Efforts as a Symbol of Peace in the International Community

The settlement of disputes has been a significant concern in the international community since the 20th century. In its early development, dispute resolution could be achieved either peacefully or through the use of force. However, with the growing awareness of the dangers of war and the advancement of weapon technology, the international community has increasingly recognized the importance of peaceful dispute resolution. In the dynamics of its development, international dispute resolution can be distinguished between legal and political disputes. The opinions of international law experts regarding this distinction vary. There is also a middle ground view that states every dispute has its own political and legal aspects. The development of peaceful dispute resolution has been taking place since the Hague Peace Conferences of 1899 and 1907. During these conferences, rules for peaceful dispute resolution between nations were established. International law also regulates the obligations of states to settle disputes peacefully, as stated in the UN Charter. Technological advancements and the existence of official rules from the UN have strengthened the presence of international law in maintaining international peace and security. The obligation of states to settle disputes peacefully and refrain from the use of force is a recognized principle in international law.

The state of non-alignment in South Africa’s foreign policy

South Africa’s position on the war in Ukraine, which has implicitly and at times explicitly supported Russian rhetoric and behaviour, has undercut Pretoria’s longstanding policies upholding state sovereignty and territorial integrity; the peaceful resolution of disputes; respect for the United Nations Charter and international law; and the promotion of multilateralism as a practical instrument for global problem-solving.

Značaj razvoja državnih kapaciteta za sprovođenje medijacije u investicionim sporovima

In the context of current criticisms of the investment dispute settlement system (“ISDS”), mediation is relevant two-fold – as an alternative way to resolve conflicts and as a response to at least some ISDS challenges. Given that the investment disputes have special characteristics that are reflected in the role of the state as defendant, it comes naturally that the question of developing its capacities to enable greater use of mediation arises. Mediation has so far not been sufficiently widespread in this domain of international investment protection, in contrast to the success it has shown in the developed economies of the western world, including the countries of the “Asian Tigers”, which are culturally inclined to peaceful resolution of disputes. This article aims to establish that the development of state capacities can contribute to wider use of mediation, and to present in which exact fields public law actors should develop these capacities.

Said Mahmoudi, Review of Emilia Justyna Powell, Islamic Law and International Law: Peaceful Resolution of Disputes

Said Mahmoudi, Review of Emilia Justyna Powell, Islamic Law and International Law: Peaceful Resolution of Disputes

Mediation in Household Dispute Reconciliation: Prospects and Challenge

Domestic disputes are disputes within the family environment. Family disputes are personal disputes that do not need to be exposed. The settlement of household disputes must prioritize the restoration of the situation to maintain good relations in the family order. Mediation is an effective way to resolve household disputes because mediation is a peaceful dispute resolution that accommodates common interests, ensures the confidentiality of both parties, is cooperative, consensual and a win-win solution. However, although mediation is an effective method and is a method that is guided by the Qur'an (Qur'an 4:35), in reality, mediation has not become the main choice. The method used is a descriptive analysis method with a normative juridical approach. Observations show that mediation is an ideal alternative for resolving household disputes because it prioritizes peace and restoration of good relations (reconciliation) in family ties. There are several ways to make mediation in household dispute resolution effective, including not violating the general principles of ADR (Alternative Dispute Resolution), strengthening the role/function of mediators and maximizing the skills of mediators. The challenges of mediation as an alternative for resolving household disputes are; socialization of mediation institutions has not been optimal, there is still a lack of certified mediators, not yet qualified mediator skills/skills, the level of conflict is quite severe, there is no good faith, peace agreements do not have legal force, mediation in court is not based on volunteerism but based on procedural lawsuits. Thus, there needs to be a concrete effort to make mediation a reconciliation of household disputes, including from the parties, mediators and regulations on mediation.

PENYELESAIAN SENGKETA SECARA DAMAI DALAM PERSPEKTIF HUKUM INTERNASIONAL

The purpose of writing this article is to explain how to resolve international disputes that are being faced by countries. There are many solutions in a country to resolve an international dispute and it all depends on each country in this writing there is a peaceful dispute resolution and in this dispute resolution it can also be through an international court. In this dispute case, parties from other countries who have no interest cannot participate in this case in any form.

Conditions for conclusion an agreement in criminal proceedings with the participation of the victim’s representative

The main task of this article is to study the essence and purpose of the institute of criminal proceedings “conclusion of an agreement in criminal proceedings”, to reveal the application of this institute of criminal proceedings in practice, to determine its role in legal and social life and to study the conditions of conclusion of the above agreement for a peaceful resolution of the dispute between parties. Among the methods by which the problem of the given topic is studied it is possible to distinguish a dialectic method, comparative-legal, system method, historical-legal, formal-legal method,method of analysis and synthesis. The authors studied the experience of foreign countries in combating corruption and proposed to introduce international experience in the national legislation for successful experience of entering into agreements in criminal proceedings, as well as for the effectiveness of these agreements and maximum compliance with the rights of the parties of the disputes. The study describes the current state of legal acts regulating the conclusion of agreements, the concept of agreements in criminal proceedings and their types and the main reasons for the conclusion of agreements, the terms of the agreement between the parties to criminal proceedings as a wat for a peaceful resolution of disputes, the stages and elements of the conclusion of agreements. The participation of the victim in the process of concluding the agreement was also investigated. On the example of international experience of development and application of this institute the establishment of the institute and its further development, as well as the conditions of conclusion of the agreement in such states are investigated.

Continuities and Changes of India’s Foreign Policy since its Independence for Making a better India

Foreign policy means a policy pursued by a nation in its dealings with other nations, designed to achieve its national objectives. This is the same in the case of India also. However, the quintessential strands of India’s foreign policy are peaceful co-existence, non-interference, peaceful resolution of disputes, non-alignment, anti-colonialism, anti-racism, multilateralism, pluralism, general and complete disarmament, opposition to all forms of terrorism, extremism and fundamentalism and pro-development. In recent decades, India has pursued a more expansive foreign policy that encompasses the neighborhood first policy embodied by SAARC as well as the Look East policy to forge more extensive economic and strategic relationships with other East Asian countries. This article has explored the major continuities and changes that had been happened in India’s foreign policy since its independence.

Extractives Industries and Conflict: Reduction of Risks Associated with Extractive Industries in Turkana County, Kenya

African countries endowed with natural resources, especially oil have seen violent conflicts due to poor management of the natural resources. Violent conflicts largely where local communities have been systematically excluded from decision-making processes and when the economic benefits are concentrated in the hands of a few thereby causing economic disequilibrium in the society. Misuse of the natural resources has frequently been cited as the main factor that activates, increase or support violent conflicts around the world. When the key stakeholders disagree on the management, distribution and protection of natural resources and related bionetworks. Natural resource conflicts arise when parties disagree about the management, distribution and protection of natural resources and related ecosystems. These conflicts can heighten into brutal relations and violence when the parties are incapable or reluctant to engage in a positive process of dialogue and conflict resolution. While there are many issues associated with extractive industries, the role of natural resources in triggering, escalating or sustaining violent conflict is the focus of this survey and consequently offer relevant in reducing these conflicts so that the natural resources found in Turkana County can truly be a blessing and a catalyst for poverty reduction in Turkana County. Conflict turns out to be difficult once societal mechanisms and institutions for handling and determining conflict break down, giving way to violence. Societies with weak institutions, fragile political systems and divisive social relations can be drawn into cycles of conflict and violence. Preventing this negative spiral and ensuring the peaceful resolution of disputes is a core interest of the international community. The general objective of the survey was to offer strategies in reducing conflicts associated with extractive industries. The methodology used in this survey was both qualitative and quantitative. The research design employed was descriptive survey design. The sample size was 270 heads of households and 20 stakeholders working in Turkana South and East Sub-Counties respectively. The data was collected using questionnaires and interview guides combined with observation schedules. The findings of the survey reveal that indeed extractive industries and conflicts are twins and hence there is need to address conflicts to turn natural resources into a blessing for the society.

Why Is the Drug Trade Not Violent? Cocaine Production and the Embedded Economy in the Chapare, Bolivia

ABSTRACTBolivia is a centre for drug production and trafficking and yet it experiences far less drug‐related violence than other countries in Latin America that form part of cocaine's commodity chain. Drawing upon more than three years of ethnographic fieldwork conducted between 2005 and 2019, this article presents evidence from the Chapare, a coca‐growing and drug processing region in central Bolivia, to consider why this is the case. Building from the literature on embedded economies and the subsistence ethic of peasant communities, the article demonstrates that the drug trade is part of a local moral order that prioritizes kinship, reciprocal relations and community well‐being, facilitated by the cultural significance of the coca leaf. This has served to limit possibilities for the violence that is often associated with drug production and trafficking. In addition, coca grower agricultural unions act as a parallel form of governance, providing a framework for the peaceful resolution of disputes and working actively to exclude the state and criminal actors.

Emilia Justyna Powell, Islamic Law and International Law Peaceful Resolution of Disputes

Emilia Justyna Powell, <i>Islamic Law and International Law Peaceful Resolution of Disputes</i>

Does Treaty Commitment Enhance the Judicial Settlement of Territorial Disputes?

This paper examines whether states’treaty commitments increase the probability of judicial settlement of territorial disputes. The research question is significantly crucial as the international society has continuously developed a series of judicial mechanisms for the peaceful resolution of disputes while its empirical validity is not necessarily solid-rock. Utilizing the newly developed treaty commitment index and other datasets, the paper conducts the logistic regression to demonstrate the impacts of treaty commitments on three features of judicial settlement: issue claims, negotiations, and judicial settlement. The result of statistical analysis confirms that treaty commitments enhance the odds of issue claims and judicial settlement, but not necessarily the number of negotiations. The finding is mainly consistent with the constructivist claim that legal norms enshrined in treaty terms can socialize sovereign states.

Complying with Custom before the World Court: Towards a Relational Normativity

Abstract Traditionally, institutional constraints informed the International Court of Justice’s ascertainment of the (non-) existence of customary norms in its decisions as it signals impartiality to uphold its legitimacy. Its reliance on (non-)legal elements underpinning the sources of the normativity of existing and future customary norms upon which it rules goes beyond the mutual acceptance of treaties and customs by the conflicting parties as well as shared (nascent) moral values of the international community. Its denial of the application of customary international law based on functional and equitable arguments gives further evidence of the Court’s relational and contextual approach towards the peaceful resolution of disputes. In addition to its rule-based governance function, the Court is actively pursuing relational governance. It seeks to reconcile competing relationships and interests inside and outside the courtroom and anticipates if a fertile soil is present in which existing and future customary norms can gain root.