Resolution Mechanism Research Articles

Enhancing the Effectiveness of African-led Peace Support Operations through an Adaptive Stabilisation Approach

Abstract The African continent’s security landscape is constantly changing. Alongside this evolution, changes in the global order have emerged, a decline of multilateralism and an overreliance on security tools to defeat terrorism across Africa. In contrast, these challenges have allowed the African continent and its peace and security mechanisms under the African Peace and Security Architecture to respond to these insecurities through African-led Peace Support Operations (pso)—amongst other mechanisms. These African capacities, particularly in pso, have not always been consistently deployed as part of a multidimensional approach to dealing with insecurity. African-led pso s have evolved and developed unique characteristics distinguishing them from traditional peacekeeping operations. However, their increased use as a sole mechanism to deal with insecurity has led to a deficiency in broader conflict resolution, peacebuilding, and peacemaking mechanisms. This has made it difficult for African-led pso s to tackle the growing and intersecting challenges and dynamics the continent faces now and in the future. This article posits that while African-led pso s have come to represent an increase in African agency, capability and utilisation, their increased use to deal with insecurity has led to African-led pso s failing to deal with intersecting and growing challenges and dynamics the continent faces. Thus, the article argues that there is a need for African-led pso s to be more agile, adaptive and comprehensive through the adoption of an Adaptive Stabilisation Approach.

Enforcing Sustainability

After the Lisbon Treaty, the European Union (EU) has prioritized sustainable development as a key aspect of its external trade and investment policy. This emphasis on sustainability has been reinforced through treaty- making and has received support from the Court of Justice of the European Union (cjeu). However, there are notable variations and nuances in the understanding and implementation of sustainability in the EU’s treaties. Moreover, these treaties introduce innovative dispute resolution mechanisms, such as arbitration and alternative dispute resolution methods, which can significantly impact international dispute settlement practices. Opinion 2/ 15 on the EU- Singapore Free Trade Agreement marked a crucial moment in clarifying the scope and nature of sustainable development chapters within the EU’s trade and investment policy. Different agreements concluded after the Lisbon Treaty reflect diverse approaches to sustainability. In the context of environmental protection, these agreements encompass a range of provisions, from generic to more specific clauses addressing particular aspects. This article critically analyzes the effectiveness and scope of “green conditionality” within the Sustainable Development Chapters of EU-established Trade and Investment Agreements. It examines the incorporation of environmental provisions in these agreements, evaluates their role in promoting sustainable development objectives, and explores the implications of dispute settlement and international arbitration mechanisms. This analysis aims to provide a cutting- edge perspective on the topic.

The United Nations’ Obligation to Provide Access to Remedies to Third-Party Claimants Under International Law

Abstract The perceived impunity of the United Nations peacekeeping missions has been the subject of numerous reports and studies. These studies are in agreement that the legal accountability of the UN is strongly challenged by the UN’s absolute immunity coupled with a lack of or inadequate alternative dispute resolution mechanisms. This situation has led to what is referred to as a ‘remedy gap’ whereby third-party claims against the UN are extinguished due to a lack of forum with jurisdiction over the UN. This article is a study into the second component of the remedy gap, namely, the lack of or inadequate alternative dispute resolution mechanisms. This is a study on the underlying obligation to provide access to remedies as a potential component of the remedy gap. It seeks to assess the legal framework of the UN’s obligation to provide access to remedies and the scope thereof. This is to establish whether the lack of or shortfalls of the UN’s alternative dispute resolution mechanisms are imputable to an inadequate legal framework which does not provide sufficient legal tools to ensure the suitable adjudication of claims or whether the issue lies in the implementation phase through the UN’s policies and practice. In essence, this article seeks to determine the basic rules that form part of the UN’s obligation to provide access to remedies. This is done through a comprehensive analysis of all the possible sources of this obligation to determine its scope.

Perlindungan Hukum Klaim Asuransi Pemegang Polis Asuransi

Life insurance has become integral to individual and family finances in the modern era, providing financial protection and peace of mind. Life insurance claims involve complexities that require in-depth understanding from both the policyholder and the insurance company. Legal protection in insurance claims is important to ensure policyholder rights are protected. This article investigates legal protection for life insurance policyholders during the claims process, analyzing regulations, dispute resolution mechanisms, and how legal protection ensures policyholder rights are safeguarded. The research method uses a juridical-normative approach with literature study, applying analytical descriptive analysis. The results illustrate the importance of understanding statutory provisions, consumer protection, and dispute resolution.

A Distributed Multicast QoS Routing Construction Approach in Information-Centric Networking

Many applications suitable for multicast transmission, such as video conferencing and live e-commerce, demand high Quality of Service (QoS) and require data delivery to be completed within specified delay constraints. Some methods have been proposed for constructing delay-constrained multicast routing based on network state. However, obtaining precise network latency can be challenging, resulting in inaccuracies in delay-constrained routing calculations and, ultimately, the inability to meet application requirements. Additionally, many methods engage in an indiscriminate exploration of potential paths in the network, causing significant message processing overhead. This paper proposes an Information-Centric Networking (ICN)-based approach for delay-constrained multicast routing. Our method dynamically constructs multicast paths from tree nodes to receivers based on real-time path status detection during the join message propagation phase. Additionally, we present a method for acquiring neighborhood state information to facilitate real-time routing decisions. To curtail indiscriminate path exploration, our approach uses the ICN Name Resolution System (NRS) to obtain and select potential optimal tree nodes. For this purpose, we design a multicast service registration and resolution mechanism using the ICN Name Resolution System (NRS). Simulation results indicate that our approach exhibits a higher success ratio and concurrently incurs lower message processing overhead than some other methods, particularly in situations with stringent delay constraints.

The Ways to Overcome Sanction Pressure: from External Management to Payment of Compensation under the Rules of International Treaties

Sanctions which were imposed by unfriendly nations on the Russian state, legal entities and individuals are unilateral coercive measures which have no basis in international law. They are indiscriminate since they apply to large groups of individuals and legal entities on the basis of their nationality. They are aimed at infringing on the sovereign rights of the Russian state and changing its policy. For compensation of losses which Russian companies have suffered abroad the latter should be provided with the opportunity to demand that the assets of foreign companies from the relevant unfriendly jurisdictions should be transferred to the external management of the Russian companies. Russian investors are also entitled to seek protection under international investment treaties due to the fact that the expropriation of their property was carried out without legal grounds and without payment of prompt, effective and adequate compensation. The legal reality which exists in relations with unfriendly countries demonstrates the crisis of traditional dispute resolution mechanisms and the necessity for establishing new effective international instruments.

Mediation as a Pre-Trial Dispute Resolution Mechanism: Evaluating Its Efficacy in Reducing Court Backlogs and Enhancing Access to Justice

Mediation as a Pre-Trial Dispute Resolution Mechanism: Evaluating Its Efficacy in Reducing Court Backlogs and Enhancing Access to Justice

Майбутнє міжнародного права: інтеграція сучасних технологій, гібридні підходи та створення нових нормативних рамок для глобального співтовариства

Annotation. In today's world, the impact of technology on international relations and the legal system is rapidly increasing, which is due, in particular, to the development of information technology. Globalisation has covered the economic, political and cultural spheres of society, which has led to the relevance of this work. This article examines the future of international law in the context of integration of modern technologies, hybrid approaches and creation of a new regulatory framework for the global community. The article examines the methods used, such as modelling conflict situations with the help of artificial intelligence, applying cyber measures to ensure cybersecurity, integrating blockchain technologies to increase the reliability and transparency of international agreements, and analysing big data to predict trends in international legal issues. The role of technology in expanding opportunities for international cooperation and improving conflict resolution mechanisms will be discussed. Particular attention will be paid to hybrid approaches that combine traditional methods with innovative tools, contributing to the creation of more effective and flexible normative mechanisms. It will also examine the challenges and opportunities associated with the use of these technologies in contemporary conflicts, trade, human rights and other areas of international law. These new types of conflicts combine both military and non-military methods, including cyberattacks, disinformation, hacking, hybrid propaganda and economic pressure. The analysis highlights the prospects for the development of a new normative framework that takes into account modern technologies and hybrid approaches, contributing to a more just, secure and stable international system. This article will contribute to a better understanding of the relationship between technological innovation and the future of international law, providing an important contribution to the development of this important field. The analysis concludes that modern technology can serve as an engine for creating a more efficient, flexible and equitable normative framework in global international relations.

Using res judicata to resolve jurisdictional conflicts between WTO and regional trade agreements’ dispute settlement mechanisms

The WTO has a renowned dispute settlement body, distinguished from other dispute settlement bodies by its compulsory and exclusive jurisdiction. However, regional trade agreements provide for rights and obligations similar to those guaranteed by the WTO thus, causing material jurisdictional overlaps between the WTO institutions and regional dispute resolution institutions. Potentially, a State aggrieved by measures that contravene rights or obligations within such overlaps has two alternative fora for dispute resolution. Where the regional trade agreement dispute resolution mechanism resolves the dispute first, the compulsory and exclusive nature of the WTO jurisdiction allows the matter to be re-determined at the WTO level, causing jurisdictional conflicts and duplicative proceedings. Although it is an established principle in customary international law, res judicata is not provided in any of the instruments guiding the jurisdiction of the WTO dispute settlement system. The jurisprudence of WTO Panels and the Appellate Body are also thin on this matter. Seemingly, the inclination has been to exercise the compulsory and exclusive jurisdiction, without regard to other existing fora. This paper therefore suggests clear recommendations to be employed in widening the existing WTO jurisprudence on res judicata as a solution to jurisdictional conflicts. In doing so, this paper further acknowledges the possible criticisms against res judicata in WTO dispute settlement and provides possible solutions to these challenges to ensure the peaceful and harmonious coexistence of the WTO dispute settlement mechanisms vis-à-vis those of regional trade agreements. Using the South American region as an example, this paper enunciates the jurisdictional overlaps and proposes the application of res judicata by the WTO dispute settlement mechanisms in judicial restraint

What Would Be Necessary to Construct a Rule Framework for Sustainability in the New Western Land–Sea Corridor? An Analysis Based on Green International Rule of Law

The New Western Land–Sea Corridor is the lifeline of international cargo transportation between China and the ASEAN. Transit transportation causes environmental damage to transit countries, and there is an urgent need to establish a sustainable rule framework for the New Western Land–Sea Corridor. The international rule of law originates from the documents of the United Nations General Assembly. The theoretical foundation of green transportation is sustainability. The connections and interactions between sustainability and the international rule of law constitute a green international rule of law. From the perspective of the green international rule of law, there are challenges in establishing a sustainable rule framework, such as the limited capacity of transit countries to ensure ecological security, the insufficient supply of collective efforts based on international environmental protection rules, the abuse of environmental protection exceptions leading to trade barriers, and conflicting judgments arising from parallel environmental infringement lawsuits. This article adopts the methods of text research, conceptual interpretation, and comparative research. China should take the green international rule of law as guidance, establish a green foreign aid mechanism for the New Western Land–Sea Corridor, explore an independent contribution mechanism for international environmental protection rules based on collective efforts, adhere to the principle of treaty compliance to limit the abuse of environmental protection exceptions, and build a diversified environmental dispute prevention and resolution mechanism for the New Western Land–Sea Corridor.

Contradictions and tensions in the way the USMCA regulates energy

Abstract The international regulation of energy is complex, involving various legal frameworks such as economic agreements, environmental conventions, and dispute resolution mechanisms. These instruments often overlap and may not align, creating challenges for addressing energy-related issues. The United States–Mexico–Canada Agreement (USMCA) exemplifies these complexities. It addresses entitlements to natural resources, protection of energy-related transactions, cross-border energy policies, and environmental externalities. However, the USMCA does not fully resolve conflicts among differing policy goals within the energy sector. This article examines how the USMCA navigates issues related to resource entitlements, energy transactions, policy clashes, and environmental concerns. It argues that the absence of a unified energy policy leaves disputes to be balanced by resolution bodies, such as arbitration panels. The article scrutinizes each aspect of the USMCA’s approach and discusses potential mechanisms for resolving policy conflicts. The USMCA’s treatment of energy-related matters underscores the intricate interplay between international economic law and the energy sector, with implications for regional competitiveness and sustainability.

Implications of Case Resolution Mechanism Due to Press Coverage through Non-Litigation Channels

Today's news development in the media is very rapid, both traditional and electronic. Following technological developments, people can receive news from media worldwide directly through various means such as television, radio, newspapers, and even the Internet. Therefore, as a democratic country, Indonesia must be able to fulfill its obligation to guarantee press freedom and encourage the press to serve the interests of the public in seeking information. The national press appears increasingly free and unlimited in today's information technology era. For example, news considered harmful by a particular person or group can cause friction between the press and the public, giving rise to disputes over the behavior of press operators and news considered detrimental by certain groups. All disputes can be resolved through arbitration procedures stipulated in Law No. 40 of 1999 (from now on referred to as the Press Law) through mediation through non-judicial channels. However, not all disputes resolved in such a way can satisfy the parties and create legal certainty.

Validity of the Arbitration Clause in the International Employment Contract: the Viewpoint of the GCC Countries

In this paper we will evaluate the significance of the arbitration clause in international employment contracts. Our aim is to understand how this particular alternative dispute resolution (ADR) mechanism is utilized in the Gulf Cooperation Council (GCC) countries. Even though the law in several countries aims to protect employees by prohibiting arbitration agreements (due to considerations of employee protection), we argue that it should be optional for the employee to enter into labour agreements with arbitration clauses. This is especially important when the arbitration agreement achieves the employees’ interests, and is agreed upon with informed and clear consent. We will engage with arguments which advocate the prohibition of arbitration agreements within Individual Employment Contracts (IECs); whilst taking the position that the flexibility, speed, confidentiality and predictability of arbitration provides specific advantages to international employees compared to litigation before court. Furthermore, in the context of a desire on the side of GCC countries to attract high-skilled labour (and when there are many misconceptions regarding the adjudicative functions of labour law courts in the GCC), arbitration clauses can play a significant role in mediating between different legal cultures.

Collaborative Governance in the Management of Transportation Modes in DKI Jakarta Province

The research emphasizes the pivotal role of effective communication and stakeholder engagement in the success of collaborative governance, achieved through regular dialogues and consultations among all parties. This inclusive approach promotes cooperation and a sense of ownership among stakeholders, enhancing strategy effectiveness. Transparency and accountability are identified as key components in building trust among stakeholders and the public, contributing to a responsive transportation management system. Despite challenges, collaborative governance yields integrated transportation planning, improved traffic management, and enhanced public transportation services, aligning with sustainability goals. However, the study highlights the need for stronger leadership, robust conflict resolution mechanisms, and adaptability to evolving urban transportation dynamics for future enhancements and policy development.

Exploring Pathways Towards Conflicts Prevention and Resolution Mechanisms and Reconciliation Strategies in West Africa

This article explores pathways towards conflicts prevention and resolution mechanisms and reconciliation strategies in West Africa with Mali as a case study. Relying on traditional and modern mechanisms and strategies, it explores the rich values and traditions of conflict resolution and peace-building processes used by the Malian government and communities to settle the prevailing conflicts and build a sustainable peace. Indeed, The traditional Malian society was woven together by diverse forms of mutual assistance and solidarity across established families, lineages and clans. That form of social and cultural organization permitted them to prevent and resolve conflicts. To make peace, the Malians need to rely on those ancient values that represented solid foundations to building a strong and peaceful society. This paper further brings to light the modern mechanisms and reconciliation strategies of peacemaking and peacebuilding using the conflict theories of Karl Max and Ludwig Gumplowicz, postcolonialism, and African feminism with the role of women in that process.

Effective Use of the ADR Process in the Construction Industry

The construction sector in India has undergone significant development and it is one of the key contributors to the progress of a nation and the highest drivers of economic growth worldwide. The recent development and trends which we notice in construction have marked the beginning of a new phase. The traditional methods are being transformed and developed to make them more efficient and effective. In India, infrastructure is one of the top sectors, which is attracting the highest foreign direct investment (FDI). Even at the global level, the construction output is growing very fast, the statistical data can be viewed in my research paper. It is thus clear that construction is proving to be one of the most dynamic sectors not only on a global scale but also in India. With a sector subject to extreme trifles and complexities, it is only rational to infer that disputes arising out of construction activities would also call for distinct expertise and proper understanding of the issues surrounding construction activities. The growing demands of the construction industry have given rise to more disputes, delays and consequently more claims, which need to be addressed in an effective and expeditious manner. The perceived limitation of the formal adjudication process has led to thoughts about alternative means for the resolution of disputes in a timely, inexpensive, and humane manner. This alternative includes arbitration, mediation, conciliation and other hybrid indigenous mechanisms of dispute resolution. Even the legislative initiatives have attempted to harmonize the Indian legal framework on alternative dispute resolution (ADR) with international best practices to bring certainty and uniformity in law and practice of ADR in India to attract business and foreign investment to the country. There is a growing understanding that ADR can play a significant role in the success of the ‘Make in India’ and improving India’s position in the ease of doing business there. The present paper focuses on how best the ADR can be adopted to resolve the issue in the construction industry. The author is going to discuss mainly three issues, namely the different types of construction activities; construction contracts and issues arising out of contracts and finally, the focus lies on how the ADR method will be an effective mode in comparison with litigation, with regards to effectiveness and timely resolution of construction disputes. Claim, Dispute, Disagreement, Contract, Arbitration, Conciliation, Litigation, Mediation, ADR

Formation of Fair and Safe World Order at the BRICS+ Platform

BRICS+ is intended to embody the idea of the unity of humanity and form a fair, secure world order, relying on a highly developed system of cooperation of all states based on common principles and goals while respecting the sovereignty of the diversity of participants. The process of determining the foundations of a new world order occurs in the course of complex interaction between states. In their foreign policy acts, states emphasize the importance of certain aspects of this order. But sufficiently holistic concepts are rare. One of the most developed is the Foreign Policy Concept of the Russian Federation of 2000, which is largely devoted to the “formation of a new world order.” The new world order is designed to provide solutions to global problems. The guarantee of its effectiveness and reliability is mutual consideration of interests. The world order of the 21st century must be based on mechanisms for collective resolution of key problems, on the priority of rights and responsibilities. Among the tasks that must be solved in the conditions of the new world order, the central place is given to global justice and security. It is necessary that it become a positive force for all peoples of the world BRICS+ pays significant attention to information activities, which play an important role in the formation of fair and safe thinking. The Christian foundations of the formation of fair and safe thinking are relevant.

Molecular hallmarks of Alzheimer’s disease with a multimodal single cell atlas of the cortex

AbstractBackgroundThe Seattle Alzheimer’s Disease Cell Atlas (SEA‐AD, https://sea-ad.org) is a large‐scale effort to identify, at single cell resolution, the cellular and molecular mechanisms that cause AD and facilitate its progression. SEA‐AD brings together quantitative neuropathology (QNP) derived from classic histopathological and cell type stains with single nucleus transcriptomics, epigenetics, and spatial transcriptomics on a cohort of 84 aged donors that span the pathological and cognitive disease spectrum, including unaffected controls.MethodWe ordered SEA‐AD donors based on QNP using a Bayesian latent space model to construct a model‐estimated “pseudo‐progression” (PS). We then used a general linear mixed effects model to test for gene expression changes along the PS in each of the BRAIN initiative’s 139 cell types present in SEA‐AD’s single nucleus RNA sequencing dataset (∼1.2 million nuclei) from the middle temporal gyrus. By separately fitting models to donors with lower and higher pathology, we obtained two beta coefficients for each gene that enabled distinction between early, late, and consistent up‐ and down‐regulation along PS. We then tested whether the betas for each gene were different across all cell types or in only certain ones to measure specificity. We curated gene modules from biological processes potentially relevant to AD, identified in gene‐set enrichment analyses and prior studies, and categorized each gene within them based on their dynamics and specificity.ResultRoughly one‐third of genes had differential expression across neuronal cell types (mean betas > 0.2), split evenly between up‐ and down‐regulation, while a smaller subset were changed in specific cell types. Modules enriched in broadly changed genes that had increased expression early in PS included those involved with the microtubule cytoskeleton, vesicle adaptors, and neurotransmitter receptors, while those with decreased expression included those involved with cholesterol synthesis, glycolysis, mitochondrial function, and neurofilaments. Among the genes changed only in specific cell types were NOTCH2 in Somatostatin and Parvalbumin interneurons selectively vulnerable to pathology, PTPRG in disease associated microglia, and COL21A1 in disease associated astrocytes.ConclusionBroadly affected modules identified by SEA‐AD suggest most neurons are affected by disease pathology and cell type‐specific differences may provide clues to selective vulnerability.

Transforming Digital Dispute Resolution in India

The era of digital reality offers and shapes new dispute resolution mechanisms, imposes high demands and sets its own rules to be complied with. The introduction of information and communication technologies and artificial intelligence into judicial and out-of-court dispute resolution proceedings in India has shown innovative results quite rapidly. Transformation of digital modes of dispute resolution continues with new research and development of modern technologies that strive for excellence. The purpose of this study is to analyze transformation of digital dispute resolution methods in India, considering the historical evolutionism that led from the Vedic era to the global digital revolution, formation of a hybrid model that combines several modes of dispute resolution - offline courts, online courts and online dispute resolution using digital technologies and alternative dispute resolution methods. However, the digital system is far from being perfect; it has significant drawbacks associated with the risks of cyber-attacks and leakage of personal data containing sensitive confidential and personal information. Besides, the digital literacy of the Indian population located on the periphery is quite low, which greatly reduces the level of trust in electronic courts and online dispute resolution.

Aspek Hukum Dan Perjanjian Kerjasama Pemerintah Dan Swasta Dalam Proyek Infrastruktur

This research aims to investigate the legal aspects involved in the collaborative agreements between the government and the private sector in infrastructure projects. Infrastructure projects play a crucial role in a country's development, and collaboration between the public and private sectors is often the primary foundation for realizing it. Legal analysis includes an in-depth study of regulations and laws governing these partnership agreements. Legal factors such as responsibilities, risk-sharing, and the rights and obligations of both parties are the primary focus. Furthermore, the research also considers contractual aspects within these agreements by assessing their structure, provisions, and dispute resolution mechanisms. By analyzing the legal role in the relationship between the government and the private sector in the context of infrastructure projects, this research is expected to provide a deeper understanding of the dynamics and challenges faced in implementing such collaborations. The implications of the research findings are expected to contribute to the development of more effective and reliable regulations to support the sustainability of infrastructure projects in the future.