Peaceful Settlement Research Articles

IMPORTANCE OF WTO AS DISPUTE RESOLUTION MECHANISM: SUCCESSES AND CHALLENGES

In this thesis, the role of the World Trade Organization in international trade, its importance in the peaceful settlement of disputes between countries, its difficulties and successes are analyzed.

Tinjauan Hukum Progresif terhadap Kesepakatan Partial Settlement

The The partial settlement provision is a new provision in Supreme Court Regulation (PERMA) No 1 of 2016 which has not been regulated in previous regulations, which is an interesting discussion that must be examined from a progressive legal perspective. The aim of this research is to test progressive legal theory regarding the renewal of partial settlement provisions in Supreme Court Regulation (PERMA) Number 1 of 2016. The research method in this research is normative juridical research with a conceptual approach using library data collection techniques or library research. The results of this research show that the update to Perma Number 1 of 2016 concerning partial settlement provisions has fulfilled the basic ideas of progressive law. Partial Settlement Provisions for a portion of the entire object of a case or lawsuit can create ideal law. The parties can resolve the legal consequences that arise peacefully, after the main lawsuit and will reach a happy ending. Partial settlement provisions will realize the function of mediation, namely as a peaceful settlement and provide ample space for the parties to reach a wise and fair settlement.

The ethics of war and peace settlement: Philosophical approaches in the context of the Russia-Ukraine War

The ethics of war and peace settlement: Philosophical approaches in the context of the Russia-Ukraine War

Why most Ukrainians feel anger, hatred, or contempt toward Russian citizens after the 2022 Russian invasion

AbstractWe use four surveys from Ukraine asking respondents to name at most three emotions that describe their feelings toward Russian citizens to assess how and why responses have changed since the 2022 Russian invasion of Ukraine. We find that 76% of Ukrainians now feel anger, hatred, or contempt toward Russian citizens compared to about 15% before the invasion. Respondents who agreed that Russian citizens supported the war to build an empire were especially more likely to feel either hatred, anger, or contempt. Perceived public desire for conquest speaks to perceived responsibility associated with anger and failure to meet an important standard associated with contempt. Additionally, anger, hatred, and contempt toward Russian citizens especially increased among respondents who mixed the use of Russian and Ukrainian or were from Eastern Ukraine, suggesting the invasion shifted attitudes toward Russian citizens among previously more pro‐Russian Ukrainians. Anger, hatred, and contempt toward both Russian citizens and the Russian government also have distinct action tendencies, cumulatively reducing support for a peaceful settlement.

“Divide According to Sharīʿa”: The Islamic Inheritance System in the Russian Empire

Abstract Until the end of the imperial period, the Volga-Ural Muslim communities in the Russian empire practiced several methods of intergenerational property transfer, such as waṣiyyat (bequest), hiba (gift), ṣulḥ/takhāruj (peaceful settlement) and the “science of the shares” (ʿilm al-farāʾiḍ). The Volga-Ural Muslims considered them all as legitimate ways of property division according to Islamic law (sharīʿa). However, a significant shift occurred in the early 1820s when the Russian imperial state confirmed the Orenburg Muslim Spiritual Assembly as the court of appeal for family and inheritance matters. Subsequently, Volga-Ural Muslims began to petition the oa, seeking a reconsideration of their inheritance divisions, specifically requesting a division “according to sharīʿa”. By the end of the nineteenth century, most of these petitions resulted in divisions based on the science of the shares. I argue that the oa served as an extra-communal venue where Muslims could challenge intra-familial or communal methods of inheritance division, and request divisions based on the science of the shares.

Investment Arbitration: A Model for Resolving Property Law Disputes on the Example of Bosnia and Herzegovina and the Republic of Croatia?

Property disputes between Bosnia and Herzegovina and the Republic of Croatia are a reality that burdens the entirety of international diplomatic relations between two neighboring countries of the same subregion. After the dissolution of the Socialist Federal Republic of Yugoslavia (SFRY), numerous issues arose, of which property rights are among the most important. The republics of the former SFRY, as well as natural and legal persons, had their property in the entire territory of Yugoslavia, so it was necessary to adequately protect the existing rights. In this regard, in 2001, the Successor States of the SFRY concluded the Agreement on Succession, in which they agreed on movable and immovable property through seven Annexes. Bosnia and Herzegovina (BiH) started from the view that the comprehensive implementation of the Succession Agreement is the basis of permanent, stable, and friendly relations between the Contracting States and took all that was necessary to return the property claimed by the Successor States. However, the Republic of Croatia did not return the property in the way that Bosnia and Herzegovina did, and the first country started to violate the aforementioned multilateral international agreement. Given that the Agreement on Succession does not offer adequate solutions for the peaceful settlement of international disputes between the Contracting Parties, the paper analyzes the possibility of settlement of said disputes based on investment arbitration, which as a model for the settlement of international disputes is not an instrument used by individuals and legal entities from BiH into a sufficient extent. Equally, in this light, we explore the legal possibilities of the concluded Agreement on the Promotion and Protection of Investments between Bosnia and Herzegovina and the Republic of Croatia (bilateral investment treaty) and present the future of investment arbitration from the perspective of the European Union.

Austen Chamberlain and the Locarno Treaties revisited

ABSTRACT The approaching centenary of the Locarno conference in October 1925 provides a convenient reason to re-evaluate the significance of the treaties that emerged from it. Often styled as the ‘real’ peace settlement at the end of the First World War, the treaties of Locarno collectively represent one of the most important attempts to ensure lasting peace in Europe in the first half of the twentieth century. Central to the treaties’ reputation as the ‘real’ peace settlement is their role in rehabilitating Germany’s Great Powers status after the humiliation suffered at the Paris Peace Conference six years earlier. The Locarno agreements have been seen as one of the rare highpoints in post-First World War Western European diplomacy. They were viewed by contemporaries as a real diplomatic breakthrough that would allow finally for the ghosts of the enmities that had caused the First World War to be laid to rest, although subsequent generations of scholars have been much more critical about what the agreements achieved in the long-term. This article focuses on the contribution made to the conference by the head of the British delegation, the Foreign Secretary, Sir Austen Chamberlain. It re-examines his diplomatic priorities, especially his reputation as a Francophile. Its central thesis is that Chamberlain himself can be seen to embody the essential reasons why the Locarno agreements were heralded as a success at the time of their conclusion, but less so with the perspective of hindsight. The treaties contained within them two opposing diplomatic forces. On the one hand, the remnants of the pre-war national state system, with its emphasis on diplomatic self-interest, secret, private negotiations, versus the so-called ‘new’ diplomacy: international, open, democratic and accountable. This rendered most of the European diplomatic problems in the post-First World War era intractable; indeed that they were incapable of resolution by anyone. Chamberlain’s entire engagement with the western European security question during the mid-1920s can be seen as evidence not only of those tensions but of the futility of trying to resolve them.

INTERNATIONAL LAW AND THE PEACEFUL SETTLEMENT OF DISPUTES

International law functions principally in maintaining the fabric of international relations, which reflects the overriding desire by states to resort to a supra-national power of legal mechanisms to resolve disputes that may arise among them on territorial claims without force and in a peaceful manner. The United Nations (UN), its Security Council, and its judicial organ - the International Court of Justice (ICJ) - were established after the Second World War primarily to achieve international peace and security. Consequently, the Constitutive Charter of the UN placed an obligation on member-states to resolve all disputes in a peaceful manner which was ostensibly geared towards forestalling the occurrence of another world war. Under the auspices of the UN, the world has achieved a comprehensive body of international law and dispute resolution mechanisms, some of which have helped to resolve disputes that would have otherwise threatened international peace and security. Despite this, scholars have paid less attention to how international law and the implementing agencies of the UN have contributed to global dispute settlement. This paper examines the significance of international law and its implementing agencies in the peaceful settlement of disputes. We argue that international law and its implementation agencies provide an effective framework for peaceful dispute settlement among nations, promoting global security and cooperation.

Kebijakan Hukum Terhadap Pelaku Perundungan Di Sekolah Yang Berdampak Pada Perkembangan Mental Anak

The number of cases of criminal acts of bullying lately has increased, which is even sadder to the point where victims die. Of the several cases that have come to the public's attention is the bullying committed by children in the school environment. This phenomenon requires the government to issue policies to deal with cases of bullying. This research is intended to examine and provide an understanding of how legal policies are against perpetrators of bullying in schools and how big the impact of bullying is on the mental development of children as victims. This type of research is normative legal research with library research as the approach. The results of the study show that children as perpetrators of bullying should not be left alone in a peaceful settlement through the implementation of a diversion process outside the judiciary, but rather be given sanctions in accordance with Law Number 11 of 2012 concerning the Juvenile Criminal Justice System. Article 82 paragraph (1) letter e of Law Number 11 of 2012 concerning the Juvenile Criminal Justice System, namely the obligation to attend formal education and/or training organized by the government or private bodies, is the proper legal basis for imposing sanctions on acts against children . In particular, some of the impacts of bullying on mental health are that the victim experiences trauma to the perpetrator, depression which causes the victim to experience a decrease in concentration, further loss of self-confidence, as a form of revenge, the victim has a feeling of wanting to bully, fear of being seen or noticed in public or social bullying , anxiety that tends to be excessive, dropping out of school and even the victim commits suicide. Meanwhile, the result of bullying for children's mental health is that victims of bullying tend to be alone because they feel the most guilty among others, victims have decreased self-confidence, reduced enthusiasm for life so they prefer to be moody and not anxious. For some people their emotions are getting more and more uncontrollable so that it results in a feeling of revenge in the victim's heart and makes them want to do what they have experienced against other people.

Rooted in Society?

Abstract In 2010, Zanzibar, a sub-state within the United Republic of Tanzania, became a unique case of power sharing in Africa. The country conducted a referendum before establishing a government of national unity and entrenched it in Zanzibar’s Constitution of 1984. The aim was to make the power-sharing system durable and rooted in society to achieve peace and development. Nevertheless, a political system must be accepted, practised and routinised to be rooted in society. Usually, peace settlements involve elites, who negotiate, sign and occasionally benefit from the pact—and Zanzibar is not an exception. What is missing in peace negotiations is the broad-based participation of the citizens. Based on a survey and expert interviews, this article examines how power sharing in Zanzibar has nevertheless become rooted in society over time.

Rooted in Society?

Abstract In 2010, Zanzibar, a sub-state within the United Republic of Tanzania, became a unique case of power sharing in Africa. The country conducted a referendum before establishing a government of national unity and entrenched it in Zanzibar’s Constitution of 1984. The aim was to make the power-sharing system durable and rooted in society to achieve peace and development. Nevertheless, a political system must be accepted, practised and routinised to be rooted in society. Usually, peace settlements involve elites, who negotiate, sign and occasionally benefit from the pact—and Zanzibar is not an exception. What is missing in peace negotiations is the broad-based participation of the citizens. Based on a survey and expert interviews, this article examines how power sharing in Zanzibar has nevertheless become rooted in society over time.

“Winning the Peace”: The Role of International Peace Settlements in the Creation of World Orders – A “Geopolitical Marxist” Perspective

For the discipline of International Relations (IR), the study of International Peace Settlements (IPS) for the organization of postwar international orders has thus far primarily been the purview of realist, liberal, and constructivist approaches. To date, Marxist approaches have tended to either ignore the significance of IPS in the formation of new global orders or have been inscribed into longer-term overarching processes – namely, the reified consequences of the development of capitalism. These proclivities have had the unwelcome effect of subsuming the role historical agents have played in the devising of international ordering strategies under preordained universal “laws of motion” and downplaying the broader efficacy of foreign policymaking in the building of world order. This paper proposes to rectify this Marxist lacuna by highlighting how adopting an approach that elaborates on the principles of Geopolitical Marxism (GPM) in IR can overcome these shortcomings. The paper argues that a radical historicist methodology for analysing these important world-historical junctures retrieves the significance of contextualized agency within the historical materialist tradition and overcomes the issues beholden to structuralist Marxist approaches.

The history of the establishment of organs for fact-finding in the resolution of international disputes

The paper traces the historical background of the formation and development of the institution of international fact-finding. As a result of the progressive development of international law, the institution of international investigation emerged at the turn of the 19th and 20th centuries, first receiving its international legal consolidation in the Hague Convention on the peaceful settlement of international disputes of 1899. The history of establishing fact-finding bodies by states, which acted as parties to disputes based on factual issues, both at the universal and regional levels, is examined. The practice of resorting to investigation procedures within international intergovernmental organizations such as the League of Nations, the UN, ILO, ICAO, the World Bank, the EU, and others is considered. In the modern period of international law, the fact-finding procedure has gained quite extensive use and is implemented in a more primitive form, especially within the activities of the United Nations. The UN establishes international commissions (composed mainly of individuals who are not citizens of the parties to the dispute or participants in the situation) authorized, as often happens, not only to establish facts (conduct investigations) but also endowed with broad competence to provide conclusions on legal issues and recommendations for dispute resolution or situation. The UN also uses the international investigation procedure in conjunction with other international mechanisms for dispute resolution. Referring to international bodies for fact-finding, as one of the means of peaceful settlement of international disputes, was first provided for by the Hague Conventions on the peaceful settlement of international disputes of 1899 and 1907. Therefore, the existence of various nature international investigating commissions - from "pure" fact-finding in the Tigre case to investigations regarding the Red Cross and the Letellier and Moffitt case, which were close to arbitration.

DINAMIKA PEMBAGIAN HARTA WARISAN PERSPEKTIF SYARIAT ISLAM DAN ADAT

The people of Angkola Muaratais sub-district are predominantly Muslim and are identical in their customs, so when distributing inheritance, the community is done in a variety of ways, including how to determine the number of shares for each heir, the law used in dividing inheritance, determining who has the right. become the heir, the time and settlement carried out in the distribution of inherited assets. The research used is an empirical legal research method or what is known as socio-legal research, which only places law as a social phenomenon, thus, the law is viewed from the outside only which focuses on the behavior of individuals or society about the law, such as this research, namely Division Settlement. Inherited Assets in the Angkola Muaratais Community. The findings in this research are that there are three legal systems applied in the distribution of inherited assets, namely distribution by customary law, division by Islamic Law, and Civil Law (BW). The peaceful settlement of the distribution of inheritance among the community occurs because it contains goodness, by the principles of kinship and the values of justice adhered to by the local community. The factors that influence people to make peace before and after knowing their respective parts are social factors, cultural factors, educational, economic, and religious factors.

Establishing a practical test for the end of non-international armed conflict

Abstract When do non-international armed conflicts (NIACs) end? Determining the existence of a NIAC requires a detailed, fact-intensive inquiry. Since the International Criminal Tribunal for the Former Yugoslavia's seminal decision in the Tadić case, international courts and tribunals have evaluated the existence of NIACs under the Tadić test's two-pronged inquiry into intensity and organization. Although that decision also pronounced that international humanitarian law (IHL) continues to apply until a “peaceful settlement is achieved,” neither international tribunals nor scholars have articulated a comparably widely accepted and well-developed test for determining the end of NIACs. At the same time – and especially since 9/11 – States have increasingly relied on IHL to meet the threat posed by non-State actors, broadening the scope of conflict-related liabilities in armed conflict without conferring the privileges or immunities otherwise inherent in IHL. This one-sided approach twists the purpose of IHL and places members of organized armed groups into legal black holes without temporal limitations, as States resist the termination of “armed conflict” irrespective of the continuing intensity of violence or the level of organization of non-State actors. Ultimately, the current approach gives States broad discretion without appropriate safeguards, which undermines the proper application of human rights and humanitarian principles within conflict and prevents the establishment of a sustainable peace. This paper argues that the most appropriate test for ascertaining the end of a NIAC is one that combines objective consideration of the diminution of organized and intense hostilities below the Tadić threshold with the likelihood that hostilities will not again rise above that threshold. It thus draws from but does not fully endorse the preferred approach of the International Committee of the Red Cross (ICRC), which focuses on the lasting termination of hostilities,1 while abjuring a general temporal limitation. Although commendable for its effort to avoid the legal uncertainty that attends the revolving conflict classification problem, the ICRC's approach unfortunately tends to encode existing uncertainty surrounding the termination of NIACs and to indistinctly prolong the application of IHL to erstwhile conflict situations. In contrast, the authors suggest that a test for the end of NIAC based on a specific period (five months following the diminution of organized and intense hostilities below the Tadić threshold), subject to an evaluation of the risk that those hostilities may resume, better balances certainty of legal application with the promotion of a return to peace. The authors will employ the facts of diverse case studies, including the FARC in Colombia, the LTTE in Sri Lanka, numerous armed groups in Mali, and the United States with Al-Qaeda, to build a legal standard that courts can use to determine IHL's continuing applicability to an erstwhile armed conflict.

Faktor Keberhasilan Delimitasi Batas Zona Ekonomi Eksklusif (ZEE) antara Indonesia dan Filipina

This paper discusses factors underlying the success of the Exclusive Economic Zone (EEZ) boundary delimitation between Indonesia and the Philippines. This paper uses issue-level approach from the literature on territorial disputes which focus on the interaction between territoriality and visibility factors in shaping the dynamics of territorial disputes. According to this approach, disputes over territory that is not salient in terms of its tangible/intangible value but is visible to domestic audience are more likely to be settled peacefully because the government is likely to face pressure from the domestic audience to settle the dispute and the low salience of the territory increase the possibility for peaceful settlement. This paper found that this also applies in the case of Indonesia and the Philippines. The undelimited EEZ between Indonesia and the Philippines is not salient but the increase visibility of this issue contributes to the immediate completion of boundary delimitation between the two countries peacefully.

THE SIGNIFICANCE OF THE LAW ON AMICABLE RESOLUTION OF LABOR DISPUTES AND THE REVIEW OF THE PRACTICE THUS FAR

During the work process, numerous instances of dispute regarding the positions of the employees, or the interpersonal relations between them or between them and their employer may arise. In addition to the traditional judicial method of labor dispute resolution, it is necessary to develop independent and impartial negotiation mechanisms between the parties in the area of individual and collective labor disputes. In Serbia, these are certainly the arbitration settlement of individual and collective labor disputes, and conciliation as a method of resolving collective labor disputes within and through the Republic Agency for Peaceful Settlement of Labor Disputes. There are many benefits to peaceful labor dispute settlement. The goal of supplementary procedures, i.e. procedures for peaceful labor dispute resolution, is to relieve the traditional judicial approach and direct it to the procedures where a judicial settlement of the dispute is truly necessary. Besides the concept, advantages and characteristics of the amicable labor dispute settlement procedures, certain types of these procedures such as mediation, conciliation and arbitration are also analyzed in the theoretical section of this paper, as well as the most important provisions of the Employment Act and the Law on Amicable Resolution of Labor Disputes. In the research section of this paper, the practice of the Republic Agency for Peaceful Settlement of Labor Disputes in the procedures of amicable labor dispute settlement, both for the territory of the Republic of Serbia and the territory of the City of Novi Sad, is analyzed. The primary research data source was the official data of the Republic Agency for Peaceful Settlement of Labor Disputes. The paper is methodologically based on a theoretical analysis of relevant contemporary theoretical views, a normative analysis of legislative sources, and a quantitative analysis of statistical indicators in the domain of the research subject.

Trust as a key element in family mediation during divorce: strategies, practices (supervision experience with the use of neural networks)

The article summarises the experiment on building confidence in the procedure of family mediation – peaceful resolution of family disputes through introduction of the technology of the first outreach meeting. The article analyses the statistics of marriage and family relations, the number of divorces in Russia, Moscow, in the world for 5 years, also during the COVID-19 pandemic. In addition, the work examines the statistics of enforcement proceedings on family relations and the order of communication for several years as well as sociological studies of 2022–2023. The results of experimental supervision using technologies of two neural networks are presented. The peculiarities of family mediation as the most effective non-judicial way of resolving family disputes are studied. It is shown that the achievement of the result, peaceful settlement of family disputes, was facilitated by the experimental development and implementation of a new procedure for Russia – first outreach meeting. It was performed by the Centre for mediation and socio-legal assistance, jointly with the Departments of Social Protection of population of Moscow. The first results are presented: 98 % of efficiency, almost all couples gave their consent to mediation, and the first mediations were successfully conducted. Some of the main reasons for low prevalence of pre-trial settlement of family conflicts were revealed: the normative non-mandatory nature of family mediation for couples with minor children when filing for divorce and lack of awareness of couples about advantages and benefits of resorting to family mediation. The research presents arguments proving that the first outreach meeting is a successful strategy of trust building and the first step to mediation and to preservation of family, family identity, spiritual values for their further transmission to the next generation in the continuous chain of socio-cultural identity

From Stalin to the Aliyev clan: 70 years of hindered autonomy in Nagorno‐Karabakh

AbstractDespite Azerbaijan's 2020 military victory over Armenia and the forcible expulsion of all Armenian residents from Nagorno‐Karabakh in September 2023, the South Caucasus remains far away from lasting peace and stability. This article addresses the following puzzle: why did secessionism strengthen in Nagorno‐Karabakh despite enjoying autonomy for 70 years from 1923 to 1991? Drawing from the securitization theory and Brubaker's institutionalist nationalism approach, the article identifies three variables: the historical context of Soviet nationalities policies, Soviet Azerbaijan securitization policies; and the lingering Armenian fear of a possible new genocide. The consequences of precluded autonomy impaired any prospects for a peaceful settlement as the Second Karabakh War in 2020, a nine month economic blockade of Karabakh commencing in 2022 followed by the ethnic cleansing of all residents in 2023 demonstrate. The methodology followed in this research is a qualitative analysis based on document analysis and interviews with key stake holders. The conclusion summarizes the main research findings.

LA PROMESA DEL FISCAL EN LA EJECUCIÓN DEL CESE DE DEMANDA BASADO EN LA JUSTICIA RESTAURATIVA

Objective: The prosecutor's power to stop the trial on the basis of restorative justice is an expression of the principle of separation, which is rooted in Pancasila and serves as the cornerstone of the Indonesian nation's state and ideology. This authority is also responsible for supporting easy, fast and affordable legal proceedings and implementing the principle of remedium ultimum. Theoretical Framework: The study addresses the power of the Public Prosecutor's Office to suspend prosecution for specific criminal offenses, such as loss of property and damage to physical property, based on restorative justice. Method: This research approach, known as normative jurisprudence, employs secondary data to do legal analysis of the problem's subject matter utilizing the law and a few court decisions. Results and conclusion: The findings of the investigation reveal that the prosecutor's authority to stop the case on the basis of restorative justice is based on the values of Pancasila, the dominus litis, and the opportunist. In short, the prosecutor's ability to stop trials based on principles of restorative justice is optional rather than necessary. This procedure is based on the provisions of the Prosecutor's Rules. Implication of the research: The prosecutor's power is in violation of the core tenet of criminal law if they pressure the offenders and victims to reconcile, as making peace does not absolve the criminal element. Originality/value: that the exercise of authority by the prosecutor should not be strictly defended; instead, they should act as mediators, offering advice and advice so that the parties to the conflict can decide whether to pursue a peaceful settlement for certain crimes, such as physical and property crimes. If the victim refuses to negotiate a peace settlement, the case must undergo further investigation to get a judge's verdict.