Third-party Intervention Research Articles

Decisions Against Requests for Third Party Intervention and Legal Remedies in State Administrative Dispute

This study discusses the form of decisions on third party intervention requests and when third parties (interventions) can join the ongoing State administrative dispute and what legal remedies can be taken if a third party's request is rejected. This research is a normative legal research with the problem approach is the legislation approach and case approach. The results of his research are the Decisions handed down at the request of a third-party intervention and the final decision, namely the decision on the subject matter of the dispute. Whereas legal remedies that can be carried out by third parties are in the form of appeal remedies. Everyone who has an interest can enter a State Administration dispute. The entry of the Intervention can be due to their own desires, joining the Plaintiff or the Defendant, or at the initiative of the judge, by submitting an Intervention request.

The Role of Third-Party Intervention in Trade Dispute in Nigeria: A Study of Selected Universities

The study investigated the role of third-party intervention in trade dispute. Litigation is one of the popular ways of disputes settlements. Hence, there are other appropriate pragmatic and adaptive models of resolving disputes apart from litigation, such as arbitration, mediation, and conciliation. The study examined the challenges before the third party by way of conciliation, mediation and arbitration and conclude that motives of the third parties in disputes resolution are to prevent disputes, resolve it if it has developed, or manage it from being dysfunctional. Again, the choice of alternation/appropriate dispute resolution (ADR) model(s) to be employed depends on the peculiarities of the disputes. A sample size of 631.7 was determined from a population of 2,021 employees using Taro Yamme’s approach. Data obtained from pilot survey were committed to test of reliability using Cronbach alpha statistic and computed using SPSS version 19 and the result reported a Cronbach alpha of 0.771. In analyzing the data, the descriptive statistics of simple percentage, mean, Variance and Analysis of Variance (ANOVA) were adopted to answer the research questions and test the hypotheses. To further this research, F- value was used to calculate the test statistics, treatment mean square (TRMS), Error mean Square (EMS), and Treatment Sum of Squares (TRSS) at 5% significant level. The study however concludes that the role of third Party and the resolution model(s) it uses have significant impact in dispute resolution. Thus, recommended these model(s) in settling disputes because it is convenient, cheap, flexible, adaptive, dignity-protecting, less time-consuming, friendly enhancing, among others. Immediate and remote causes of dispute should be properly addressed and substantive effort should be made towards reducing disputes in the institutions because of its negative consequences.

Children's evaluations of third-party responses to unfairness: Children prefer helping over punishment

Third-party punishment of selfish individuals is an important mechanism to intervene against unfairness. However, there is another way in which third parties can intervene. Rather than focusing on the unfair individual, third parties can choose to help those who were treated unfairly by reducing inequality. Such third-party helping as an alternative to third-party punishment has received little attention in studies with children. Across four studies, we examined the evaluations of third-party punishment versus third-party helping in N = 322 5- to 9-year-old children. Study 1, 3 and 4 showed that when asked about the agents directly, children evaluated both helpers and punishers positively, but they preferred helpers over punishers overall. When asked about the type of intervention itself, children preferred helping over punishment, suggesting that their preference for the type of intervention corresponds to how children think about the agents performing these interventions. Study 2 showed that children's preference for third-party helping is driven by distributive justice concerns and not a mere preference for giving or resource maximization as children consider which type of third-party intervention decreases inequality. Together, these studies demonstrate that children between 5 and 9 years of age develop a sophisticated understanding of punishment and helping as two adequate forms of intervention, but also display a preference for third-party helping. We discuss how these findings and prior work with adults support the hypothesis of developmental continuity, showing that a preference for helping over punishment is deeply rooted in ontogeny.

Third-party State Intervention in Disputes Before the International Court of Justice: A Reassessment of Articles 62 and 63 of the ICJ Statute

which are normally of a bilateral nature, increasingly also affect the interests of third states. Third states may in many instances wish to intervene in such disputes. Articles 62 and 63 of the Statute of the ICJ has attempted to accommodate such an eventuality. Article 62 provides for intervention by a third state if it has an interest of a legal nature which may be affected by the ICJ’s decision in the case. Article 63 allows for member states of a multilateral treaty to intervene in cases involving the interpretation of such a treaty. Intervention under Article 62 is in the discretion of the ICJ. Intervention under Article 63 is a right. Applications to intervene under Article 62 have only been successful in three instances and, applications to intervene under Article 63 have only been successful in two instances. It is submitted that the ICJ should be more flexible in allowing third-party interventions by interpreting Articles 62 and 63 less strictly. This is more in accordance with the greater interdependence of states in the modern world and can prevent the duplication of proceedings. Such flexibility can only enhance the effectiveness of the ICJ in achieving its mandate.

Compassionate in Nature? Exploring Hotel Staff Third-Party Interventions in Instances of (in)Justice

Prior research suggests that employees aware of their peers’ mistreatment by management and who themselves are target to such mistreatment help their peers more than employees who have been exposed only to peers’ mistreatment. However, reasons why this help is amplified are unclear. In this study we suggest that such help is performed out of compassion and, hence, that personal and peers’ unjust treatment, empathic-concern, and acts of kindness follow Kanov et al. (2004) compassion process: noticing, feeling, and responding. It is hypothesized that interactions between personal and peers’ mistreatment amplify kindness through empathic-concern and, hence, that kindness is compassionately performed. Results supported empathic-concern as a mediator and, hence, kindness as a compassionate behavior. Unexpectedly, however, staff reduced (rather than increased) empathic-concern and kindness. Tragedy-of-the-commons is invoked to explain these unexpected results. Simultaneous mistreatment could lead staff to perceive justice as a scarce common resource that is ultimately a source of dispute and leads to uncooperativeness.

Introduction: Federalism as a Tool of Conflict Resolution

ABSTRACT There is a growing literature on the use of federalism as a tool of conflict resolution. Yet, while this literature focuses mainly on single case studies, there remains a gap in our comparative understanding of the workings of federalism as a tool to end violent conflicts, as well as the conditions under which it may succeed in bringing peace to war-torn countries. By discussing core themes that emerge when looking at single case studies and relevant theories on the use of federalism as a tool of conflict resolution, we highlight the importance of three main issues in our understanding of the workings of federalism as a tool of conflict resolution: (1) The role of centralization, decentralization and recentralization in the management of diversity and to accommodate the demands of different groups; (2) Contestation of the state, identity, the idea of federalism and other key issues in societies, in which ownership over the state is contested and fought over; and (3) Third-party intervention, geopolitics, and geoeconomics in the management of diversity. By bringing together existing debates on the topic of federalism and conflict resolution, and positioning the papers in this special issue within these debates, some of the complexities but also promises of the use of federalism as a tool of conflict resolution will be highlighted.

Ontologi Kekerasan dan Relasinya dengan Agama dalam Perspektif Hasrat Mimesis Rene Girard

Religion as the largest ritual and social institution with the highest quantity of adherents among other institutions is often used as a justification for various violent behaviors. However religious leaders and adherents reject the relationship between religion and violence, the fact is that many subjects of violence act on certain religions. This article seeks to explore the relationship between them through Rene Girard's mimetic theory. In mimetic theory, violence is described as a consequence of the triangle of desire; subjects, mediators, and objects. The relationship in the triangle of desire shows disharmony, which is a rivalry that results in violence between the two desires of the subject and the mediator in getting the same exclusive object. Girard found how violence formed to its resolution by presenting sacrifice or third-party intervention called scapegoats, through stories contained in scriptures such as Cain and Abel. The concept of sacrifice is the foundation of the creation of sacred in religion and values about good and evil or obligations and prohibitions. The intimacy of religion and violence shows the importance of religion returning to the public sphere as a controller of violence whose role is privatized as a result of modernization but is often blamed in a variety of violence in favor of particular religions.Keywords: Mimetic Desire, Violence, Religion

Collaboration increases children’s normative concern for fairness

Collaboration increases equity in young children, but whether this precocious equity has a normative foundation or is primarily an interpersonal concern between collaborators remains an open question. Participants in this study were 3- to 7-year-old children (N = 104) from a rural community in Canada. In a novel third-party intervention game, children could intervene against inequitable sharing between third parties who earned resources collaboratively or individually. When resources were earned collaboratively, children intervened against inequity more often at an earlier age compared with when resources were earned individually. Children referenced equity or fairness to justify their decisions at a similar rate across the two resource acquisition contexts. These findings contribute to a growing body of evidence supporting the foundational role of collaboration in the development of fairness, providing novel evidence that this concern for fairness is indeed normative.

Criminal Litigation: Active Role of Pleader Appointed by Victim of Crime

In India, the concept of third party intervention in criminal cases is clearly indicated in Section 302 Cr.P.C., where any person conducting the prosecution may do so personally or through his pleader. Therefore, section 302 Cr.P.C provide scope for the victim who is keen to see that the perpetrator of the crime is brought to book. The ambit of section 302 Cr.P.C providing for third-party intervention can be analogous to public interest litigation under constitutional law, a situation where crimes have been committed but the State machinery is reluctant to prosecute due to varied reasons. In such cases public-spirited pleaders can intervene, with the permission of the court, and take up prosecution. The criminal justice system is becoming overburden with defective police investigation, lack of required strength of public prosecutor to conduct prosecution which forbid personal attention to each case, is making criminal justice system a mockery.In this state of affairs, third party intervention could be given a chance. Since the victim is most directly and substantially affected, the victim should be allowed to prosecute in the first instance.

Cryptocurrency and Social Justice: a Study of Indian Taxation Laws on Emerging Virtual Challenges

A democratic form of Govt. is always defined as “by the Public, for the Public and to the Public.” The basic function of a government is to deliver public services to its citizens for which it requires resources to finance its expenditure. Among others, taxation works as a major source to fund public expenditure. Developments and Advancements in the technologies, has enabled the Govt. to identify new ways and opened new platforms to collect taxes. Among them, comes the curious situation of taxation of Cryptocurrency. Unlike the fiat currency, Cryptocurrencies are decentralized, relying on a peer-to-peer network that operates without any third-party intervention like the Central Bank. The purpose of this paper is to explore Cryptocurrency and the prevailing regulatory structure concerning them. It studies the different natures of cryptocurrency and analyses: (1) Scheme of existing domestic laws and relates cryptocurrency, (2) Domestic laws affecting taxation of cryptocurrency related activities and (3) Major economies response to cryptocurrency.

Punishing or helping: The influence of acute stress onthird-party decision-making

In modern society, acute stress has become one of the main risk factors affecting human mental health and quality of life. Stress not only has a profound impact on the brain and cognition, but also affects human prosocial behaviors and social interactions. Acute stress has been implicated in modulating various social behaviors, including trust and empathy. However, it remains unclear how stress influences the third-party altruistic decision, especially in the face of conflicts between altruistic decisions and self-interest. When facing with a violation of justice, people show high probability of self-sacrifice to restore justice, but the optimal decision of the impact of stress on social decision-making in different circumstances is unclear. To address this question, we used a third-party intervention paradigm to assess participants’ choice preferences after exposure to physical stress. In the third-party intervention task, participants could transfer MUs from their endowment to punish a norm violator or help the victim, and they could also leave the MUs to themselves. After the decision-making task was completed, participants were also asked to complete an analogous scenario task, including two crime scenarios: A robbery scenario and a traffic accident scenario. They were asked to put themselves in these situations and make calls as soon as possible based on priority, that is, call 110, the police, (i.e., punish offenders); call 120, the First Aid Center, (i.e., help victims); and call for themselves (i.e., defend their own interests). First, we found that selfish choices focused on the condition of fair offers. Second, compared with the moderate unfair condition, the serious unfair condition increased punishment and help behavior. Additionally, for the trade-off between the two prosocial choices under the condition of moderate unfairness, the participants in the stress group tended to increase the punishment behavior and reduce the help behavior, when compared with the control group. We also found that the increase of punishment behavior was not only reflected in the choice preference, but also in the intensity of punishment. The participants in the stress group punished more, consistent with the “fight or flight” pattern, which is considered to be the typical human response to stress. However, under the serious unfairness condition, there was no significant difference between the stress group and the non-stress group. In the scenario task, although there was no significant difference between the two groups in the three options, the stress group evaluated the accident scene to be more serious. These findings suggest that when the third-party helping and punishment as an optional prosocial behavior, stressed individuals are accustomed to choosing punishment behavior. This study provides evidence and explanations for studying the effects of stress on prosocial behavior.

Superpower and Small-State Mediation in the Qatar Gulf Crisis

ABSTRACT The Qatar Gulf crisis of 2017 saw a number of mediation initiatives, including those of the United States and Kuwait. However, the two countries present two substantially distinct models of third-party intervention: superpower mediation (the United States) and small-state mediation (Kuwait). Comparing the two types of intervention in this crisis in terms of their ability to de-escalate tension and effectively resolve the Gulf crisis with respect to three variables – timing of mediation, leverage of the mediator (hard power versus legitimacy) and interest of the mediator – it would seem that small-state mediation has been more effective in crisis de-escalation, while superpower mediation has further exacerbated the crisis.

Prohibited means and methods of armed conflicts

The goal of this article is to analyze prohibited means and methods of armed conflicts under the International Humanitarian Law (IHL). Technological progress, the transformation of the nature of armed conflicts and the idea of the war based on terror are the main reasons why the list of prohibited means and methods of armed conflicts should be constantly updated. The main text of this article consists of three thematic blocks. The first block represents an excursion into the history and development of IHL. It outlines its division into two branches, the Geneva and Hague law. The second part consists of definitions and characteristics of basic terms such as means and methods of armed conflicts. Under the means of warfare it is understood weapons, military equipment and other means used to cause harm and defeat the enemy. Methods of warfare are the procedures for using certain means to suppress the troops of the opposing side and inflict losses on it at the very minimum acceptable level. The third part of the study is devoted to new methods and means of warfare, among which the author analyzes such phenomena as hybrid wars, cyberwar and the involvement of private military and security companies in military operations. Hybrid wars, widespread in the 21st century, raise very complex issues related to the classification of a conflict, as the line between the state of war and peace is blurring. Most often, information about the nature of third-party intervention is kept secret. Moreover, such a third party refuses to acknowledge its participation in hostilities. It is concluded that parties to hybrid wars are required to comply with international standards that limit the methods and means of warfare and protect their victims. The article examines the concepts of cyber war, identifies the main characteristics of this type of war. The main conclusion was made about the need of formation of new restrictive approaches regarding the prohibition of the use of cyber weapons. Another trend related to modern armed conflicts is the process of delegating the performance of traditional state functions by states in favor of private military and security companies. The conclusion is drawn on the need to develop international legal standards for the activities of private military and security companies within the UN.

York University and Cupe 3903— Future of Collective Bargaining Rights

The Canadian Union of Public Employees (CUPE) 3903 view the introduction of the new Ontario government’s ‘back to work’ legislation (Bill 2) as detrimental and a threat to their fundamental bargaining rights. Why is the government legislating the CUPE members back to work instead of allowing them to further negotiate with the administration of York University? If resolving issues through the collective bargaining process is not allowed, then what will happen to the relationship between the union and the university authorities? Dilemma Why did the government bring in the bill with ‘back to work’ clause? The concerned parties could have settled the issue through negotiation. Theory: Labour relations, integrative vs. distributive negotiation and third-party interventions Type of the case: Decisional and applied Protagonist: Not needed Options Negotiation, appointing mediator, adopting competitive distributive strategy or collaborative integrative strategy Discussions and Case Questions Suggest a more effective way to resolve the crisis. What are the main contentions of CUPE 3903 and the York University Administration in this negotiation? Discuss the strategies and tactics as used by CUPE 3903 and the York University Administration. Could these be optimized further? Evaluate the gap between the current strategy and the optimal one Is there any way in which a third-party mediator could craft a mutually beneficial agreement?

Information Privacy Awareness Among Young Generation in Malaysia

The study aims at gaining insights of the awareness of information privacy among young generation specifically in Malaysia. As we know the awareness should not only be focused on the adults and professionals only but have to be delivered to the young generation also. The knowledge and understanding on the importance of information privacy would help from the occurrence of data breach and privacy intrusions. The youngster should be taught and explained how to keep their data safe and secure from third-party interventions. Young children who are unprepared to protect themselves from online risks are likely to encounter individuals who wish to target them emotionally or financially. Bullied children may be more vulnerable to fraud as they are taken advantage of when they seek friendship online. Combating child identity fraud requires guardians to proactively manage their child‟s finances by regularly monitoring activity, even when they expect that nothing has occurred; reviewing statements online and leveraging account alerts, especially those that can be delivered to mobile devices. This paper has used literature review analysis in fulfilling the study aims. As the information privacy issues becomes the highlight in recent news, the access to the existing data are widely available. The findings show that the lack of awareness on the fundamental of Internet knowledge has increased the number of cases in Internet scams, online harassment, cross-site scripting and identity theft. Malaysia has recorded 10,000 cases of cyberbullying in 2018 and the cases increasing day by day. A comprehensive and relevant legal framework should be strengthened time to time in combating the issues. The study aims at gaining insights of the awareness of information privacy among young generation specifically in Malaysia. As we know the awareness should not only be focused on the adults and professionals only but have to be delivered to the young generation also. The knowledge and understanding on the importance of information privacy would help from the occurrence of data breach and privacy intrusions. The youngster should be taught and explained how to keep their data safe and secure from third-party interventions. Young children who are unprepared to protect themselves from online risks are likely to encounter individuals who wish to target them emotionally or financially. Bullied children may be more vulnerable to fraud as they are taken advantage of when they seek friendship online. Combating child identity fraud requires guardians to proactively manage their child‟s finances by regularly monitoring activity, even when they expect that nothing has occurred; reviewing statements online and leveraging account alerts, especially those that can be delivered to mobile devices. This paper has used literature review analysis in fulfilling the study aims. As the information privacy issues becomes the highlight in recent news, the access to the existing data are widely available. The findings show that the lack of awareness on the fundamental of Internet knowledge has increased the number of cases in Internet scams, online harassment, cross-site scripting and identity theft. Malaysia has recorded 10,000 cases of cyberbullying in 2018 and the cases increasing day by day. A comprehensive and relevant legal framework should be strengthened time to time in combating the issues.

What Historians of Medicine Can Learn from Historians of Capitalism.

After briefly surveying the New History of Capitalism and its objectives, this article explores ways that the history of medicine and the history of capitalism can productively interact. The article argues that historians of medicine should adopt a broad definition of "capitalism" to accommodate the distinctive nature of medical and health care markets. Across millennia and diverse cultures, medical markets have demonstrated extensive commodification, with spiritual or religious goods and services composing a significant portion of commercial trade. Moreover, health care markets, at least since the ancient era, have been susceptible to third-party interventions by both the state and voluntary organizations. Accordingly, historians of medicine should look for pockets of capitalist exchange in otherwise noncapitalist economies and also assess how the logic of capitalism has influenced government programming and other types of third-party involvement in the health care market. To illustrate that insights from the history of capitalism can be applied to many topics within the history of medicine, this article presents three case studies. It examines medical markets in ancient Egypt; in Medieval Europe as managed by the Catholic Church; and in Germany, England, and the United States at the end of the nineteenth century and into the twentieth.

Bargaining toward Pareto-Efficiency: Relative Gains, Simultaneity and the Case of South Tyrol

ABSTRACT Building on bargaining theory literature, I outline an original rationalist model that takes in consideration the problem of relative gains to explain why bargaining failures may lead to escalation in an open civil war and when negotiations in civil disputes are more likely to lead to Pareto-efficient solutions. I apply the model to the South Tyrol case, a relatively unknown identity-based dispute that emerged in Italy in the aftermath of the Second World War and was defused before it could produce a real escalation in violence. I show that direct and indirect compensations may help to overcome the problem of issue indivisibility, and that third-party intervention in domestic disputes may work as a functional substitute for simultaneity between the agreement and the enforcement phase.

Managing Family-Related Conflicts in Family Businesses: A Review and Research Agenda

This review examines how family businesses manage family-related conflicts that occur at three interfaces: family-business, family-ownership, and family-business-ownership. We find that work-family conflicts, conflicts of interest, and relationship conflicts are prevalent family-related conflicts. Four conflict management strategies are frequently used to deal with these conflicts: vacillation, domination, separation, and third-party intervention. The popularity of these strategies is influenced by some unique characteristics of family businesses, such as high emotional attachment among family members. By integrating insights from the broader conflict research, paradox and dialectic studies, we develop a research agenda targeted at better connecting family-related conflicts to conflict management strategies.

Engagement barriers and service inequities in the NHS Breast Screening Programme: Views from British-Pakistani women.

ObjectivesPrevious research has largely attempted to explore breast screening experiences of South Asian women by combining opinions from Pakistani, Bangladeshi, and Indian women. This research often fails to reach the most underserved sub-groups of this population, with socioeconomic status not routinely reported, and English fluency being a participation requirement. With uptake low amongst British-Pakistani women, this study explores the experiences these women encounter when accessing the NHS Breast Screening Programme.Methods19 one-to-one semi-structured interviews were carried out with British-Pakistani women from East Lancashire, UK. 14 interviews were conducted via an interpreter.ResultsData were analysed using thematic analysis. Three themes were identified: ‘Absence of autonomy in screening and healthcare access’ describes how currently the screening service does not facilitate confidentiality or independence. Access requires third-party intervention, with language barriers preventing self-expression. ‘Appraisal of information sources’ makes distinctions between community and NHS communication. Whereas community communication was invaluable, NHS materials were deemed inaccessible due to translation incongruences and incomprehensible terminology. ‘Personal suppositions of breast screening’ explores the subjective issues associated with disengagement, including, the cultural misalignment of the service, and perceiving screening as a symptomatic service.ConclusionsBritish-Pakistani women face some unique challenges when accessing breast screening. To promote uptake, the service needs to address the translation of screening materials and optimize upon community networks to disseminate knowledge, including knowledge of the screening environment within the context of culture to promote informed choice about attendance.

International Procedural Regulation in the Common Interest: The Role of Third-Party Intervention and Amicus Curiae before the ICJ

Abstract By adjudicating inter-State claims, international courts can also contribute to the protection and promotion of community interests. However, the main obstacle faced by the International Court of Justice (ICJ) relates to the existing tension between the bilateral nature of its own proceedings and the multilateral nature of the conflicting substantive law. As procedure may guide and shape the application of substantive law, it should itself be interpreted and developed in a manner to ensure community interests. By using its power to “frame rules for carrying out its functions”, the Court should assume expanded procedural powers in order to ensure the effective application of substantive law whenever community interests are at issue. Most procedural rules can be adjusted for multiparty aspects, notably the rules on third-party intervention, with the aim of protecting community interests and enhancing the Court’s legitimacy. It is up to the Court to find the balance between States’ rights and commonly aspired goals.