Academic literature on the topic 'Justice deals negotiated'
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Journal articles on the topic "Justice deals negotiated":
1
Gyr, Helen. "Transitional Justice Process and the Justice Theory of Roland Dworkin." Laws 12, no. 3 (April 26, 2023): 35. http://dx.doi.org/10.3390/laws12030035.
Abstract:
The determination of truth in the aftermath of war aiming at establishing justice and peace is a key element of a transitional justice (TJ) process. The theory of justice of Roland Dworkin deals with an approach in which the interpretation of values such as equality, liberty or truth are paramount. Dworkin’s theory of justice is applied to constitutional states and lays out how democratic values are negotiated. The goal of a TJ process is to lead a state towards democracy after a war or internal armed conflict. TJ processes as well as Dworkin’s theory of justice are to be understood as dynamic, which implies that they are subject to constant change and thus to be considered in their respective social, cultural, political, and economic contexts. This paper explores the relationship between truth and justice in the framework of a TJ trial and Roland Dworkin’s theory of justice. The TJ process in Colombia serves as a case study because that was where I conducted field research in TJ in 2019.
2
Dancy, Geoff. "Deals with the Devil? Conflict Amnesties, Civil War, and Sustainable Peace." International Organization 72, no. 2 (2018): 387–421. http://dx.doi.org/10.1017/s0020818318000012.
Abstract:
AbstractDo legal amnesties for combatants help end civil wars? International policy experts often take it for granted that amnesties promote negotiated settlements with rebels. However, a large number of amnesties are followed by continued fighting or a return to the battlefield. What, then, are the factors that make amnesties effective or ineffective? In this article I use a disaggregated data set of all amnesties enacted in the context of internal war since 1946 to evaluate a bargaining theory of amnesties and peace. Testing hypotheses about conflict patterns using models that account for selection, I find that (1) only amnesties passed following conflict termination help resolve civil wars, (2) amnesties are more effective when they are embedded in peace agreements, and (3) amnesties that grant immunity for serious rights violations have no observable pacifying effects. These policy-relevant findings represent a new breakthrough in an ossified “peace versus justice” debate pitting security specialists against global human rights advocates.
3
Abakare, Chris O. "International justice: a view of western communitarianism." International Journal of Humanities and Innovation (IJHI) 4, no. 1 (March 31, 2021): 34–41. http://dx.doi.org/10.33750/ijhi.v4i1.107.
Abstract:
Does the communitarian perspective on politics offer a credible account of the conception of the relationship between the self and the other, which can provide a valid conceptual basis for justice among states? How does the understanding of the state as a nation-state impact the possibility of international justice? These questions constitute the primary concern of this work. It must be mentioned that although any attempt to analyze the international realm through the lens of communitarianism would necessarily entail invoking the politics of nationalism, this study deals with nationalism only to assess how communitarianism contributes to international justice. The study is not concerned with the validity or authenticity of a people's claims to nationalism; rather, the aim is to work out a communitarian perspective on international justice. This work argues that though the communitarian understanding of justice does offer a valid and credible account of the conception of the self and his relationship with the other, it fails to apply to the international context. Justice can only be required, negotiated, and implemented among members of a community. To understand international justice, what is required is the recognition of common humanity, a commonly shared conception of the good outside the boundaries of the nation-state. The communitarian perspective does not offer space for such recognition.
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Kaválek, Tomáš, and Tomáš Šmíd. "The Kurdish Question in Turkey in 2009-2011." Czech Journal of International Relations 53, no. 1 (March 1, 2018): 7–21. http://dx.doi.org/10.32422/cjir.177.
Abstract:
The case study deals with the attempted resolution of the conflict betweenthe Kurdistan Workers’ Party (PKK) and the Turkish state during the rule ofthe Justice and Development Party (AKP) in 2009–2011. William Zartman’stheory of ripeness is applied to the case. The study analyses the state of theconflict and subsequently determines if the state of the conflict increasesthe chances of a negotiated peaceful resolution to the conflict (i.e. whetherthe conflict is in a state of ripeness). The analysis indicates that the conflictdid not fulfil the criteria of ripeness in the examined period. An alternativeexplanation of particular positive steps and the rhetoric in the conflict isprovided primarily by connecting them with an attempt to politicallymarginalize the PKK.
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Knering, Arianna, Núria Tordera, Esther Villajos, Felisa Latorre, and Amalia Pérez-Nebra. "Individual and group level antecedents in the development of idiosyncratic deals. A cross-level study." Psychologica 62, no. 1 (July 31, 2019): 187–205. http://dx.doi.org/10.14195/1647-8606_62-1_10.
Abstract:
Research on workers’ proactive behaviors has increased in recent years, emphasizing the need for a more active workforce. In this context, research has been carried out on idiosyncratic deals (i-deals), that is, individualized work arrangements that employees negotiate with their employers about aspects that are mutually beneficial. Because this research topic focuses on individuals’ actions, most of the studies analyzing its antecedents examine individual characteristics. However, group and organizational characteristics have been suggested to play a role. The aim of the present paper is to analyze the interplay between individual and group level factors in the development of i-deals. More specifically, we consider the role of psychological capital and justice climate in the development of i-deals. A total of 520 employees working in 83 work-units in Spain participated in a panel study. A cross-level approach was adopted to analyze the relationships among psychological capital (psycap), justice climate and i-deals. The results revealed group differences in the enactment of i-deals. Individual and group level factors showed a significant positive relationship with i-deals. After controlling for individual characteristics, Justice Climate still added predictive power.
6
Liao, Xuexia. "The LOSC as a Package Deal and Its Implications for Determination of Customary International Law." International Journal of Marine and Coastal Law 35, no. 4 (May 20, 2020): 704–39. http://dx.doi.org/10.1163/15718085-bja10021.
Abstract:
Abstract This article revisits the package deal nature of the United Nations Convention on the Law of the Sea (LOSC) and its implications for determining customary international law. A survey of the case law illustrates that the International Court of Justice (ICJ) has not given particular weight to the fact that the LOSC was negotiated and accepted as a package deal. Nevertheless, the ICJ’s declaration that Article 121, paragraph 3 of the LOSC is a customary rule tends to be based on a ‘package deal approach’, which focuses on the textual and logical links between the paragraphs that manifest an ‘indivisible régime’. By exploring the difficulties of determining the customary status of Article 76(2)–(7) concerning the continental shelf beyond 200 nautical miles, which may arise in the pending Nicaragua v. Colombia II case, this article calls for a cautious attitude towards determination of customary rules from the LOSC.
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Mustofa, Mustofa, Kacung Marijan, Mohammad Romadhoni, and Beni Setiawan. "How to Deal and Negotiate with the Campus Environment? Female Students’ Experiences in Reconstructing Gender Identity." Journal of Ethnic and Cultural Studies 10, no. 3 (June 24, 2023): 18–34. http://dx.doi.org/10.29333/ejecs/1618.
Abstract:
Being an ‘ideal woman of Muslim version,’ or muslimah in Indonesia, is the expectation from any family, and studying at pesantren (Islamic boarding school) is an option. However, female students confronted cultural shock when switching to a campus environment and experienced identity mediation. Experiences of study and interaction with the campus environment as well as the confrontation of gender norms between different pesantren and university, require them to renegotiate the meaning of gender and reinterpret Islamic teachings to meet their developing identity needs. To enhance our comprehension of the potential impact of higher education on gender identity negotiations, this study researched three female students who graduated from pesantren and then continued their education at university. The researchers employed in-depth interviews, discussions, and sharing of experiences through essays to obtain comprehensive information. This study found that pesantren and campus create an environment for thinking development. Some took the middle path to become more moderate, and others even resisted the pesantren doctrine. It generates novel assumptions concerning gender rather than the two prevalent perspectives, traditionalists who preserve the old system or principles and feminists who battle for gender justice based on their interpretation. Therefore, it is suggested that pesantren begin to adapt to the curriculum and public-school materials relevant to the era. Preserving a conservative notion of gender will diminish interest in studying at the pesantren.
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Spenser Underhill, Dominic. "The British Courts and Compulsory ADR—How Did That Happen?" Amicus Curiae 5, no. 3 (July 1, 2024): 608–28. http://dx.doi.org/10.14296/ac.v5i3.5714.
Abstract:
On 29 November 2023, the Court of Appeal held in James Churchill v Merthyr Tydfil County Borough Council, that the courts of England and Wales are entitled lawfully to order parties to engage in non-court-based dispute resolution processes. This important decision should not come as a surprise. This article will argue by reference to case law, judicial commentary and the Civil Procedure Rules (CPR) that this decision is the most recent expression of an impulse the courts have long maintained: that a case can be dealt with justly by moving (by various means) litigants away from the judgment seat to one of negotiated, consensual outcomes. The decision corrects an anomaly within the CPR that obliges parties to further the overriding objective by considering alternative dispute resolution but deprives the court of a particular remedy to enforce that obligation. This article will trace the roots of the Court of Appeal decision and identify to what extent it is the natural progression in judicial thinking, and it truly breaks new ground. Keywords: ADR; justice; civil justice; court reforms; overriding objective; Halsey; CPR; Churchill v Merthyr Tydfil; Article 6; arbitration agreements.
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Garofalo, Giovanni. "Escenarios heteroglósicos en las sentencias del Tribunal Supremo de España y del Tribunal de Justicia de la UE. El caso de los conectores condicionales complejos." Revista de Lingüística y Lenguas Aplicadas 15, no. 1 (July 1, 2020): 57. http://dx.doi.org/10.4995/rlyla.2020.12263.
Abstract:
<p>This study deals with the different distribution of Complex Conditional Connectors (CCCs) in a monolingual comparable corpus made up of judicial rulings in Spanish delivered by two high courts, one Spanish (Tribunal Supremo de España, TSE) and one European (Court of Justice of the EU, CJEU). After observing the logic functions and the normalised frequency of such connectors in both subcorpora and in a comparison corpus of standard Spanish, the asymetric distribution of these conditional operators in the rulings of these two judicial authorities is highlighted. The Appraisal Theory is brought to bear in order to interpret the results, emphasizing that the Spanish and the European judges negotiate the interpersonal meaning of their rulings differently, through an idiosyncratic use of CCCs. In fact, both courts show dissimilar heteroglossic positioning, opening up or closing the argumentative space to possible dialogistic alternatives in a divergent way.</p>
10
Mathur, Vikrom, and Aniruddh Mohan. "Plus ça change, plus c’est la même chose: Adaptation in the Paris Agreement." India Quarterly: A Journal of International Affairs 72, no. 4 (December 2016): 330–42. http://dx.doi.org/10.1177/0974928416672021.
Abstract:
Global climate policy till date has focused on building consensus around a differentiated roadmap for reducing greenhouse gas emissions. Equally important yet receiving less attention is the need to support adaptation of the most vulnerable communities to the increasingly severe impacts of climatic changes. The Paris Agreement, negotiated at the 21st COP in December 2015, ‘stitches up’ national contributions on adaptation and mitigation into a global agreement. This article first reviews the adaptation components of the Intended Nationally Determined Contributions (INDCs) submitted by developed, emerging and least developed nations. Second, we examine how adaptation and the related themes of loss and damage have been dealt with in the Paris Agreement in terms of: global goal, legal form, review mechanisms and financing arrangements. Finally, we look at the possibility of evolving new arrangements and opportunities for strengthening global response to adaptation by drawing on references to human rights and climate justice in the Paris Agreement. We contend that the global response cannot be relegated to action by individual nations—partly and loosely supported by global financial and technological flows. The Paris Agreement has made significant steps in raising the importance of adaptation vis-à-vis mitigation in climate action but a lot of work remains to be done. In a sense, the top-down elements of adaptation action reflect long held negotiating positions and the skepticism of developed nations with respect to adaptation. For the post-Paris climate regime to be legitimate and earn the trust of developing nations, it must focus equally on adaptation and mitigation and address the special needs of vulnerable communities across the world.
Dissertations / Theses on the topic "Justice deals negotiated":
1
Arrenault, Laëtitia. "L'application extraterritoriale du Foreign Corrupt Practices Act (FCPA) et les réponses européennes." Electronic Thesis or Diss., Université Paris-Panthéon-Assas, 2024. http://www.theses.fr/2024ASSA0006.
Abstract:
La lutte contre la corruption est devenue en quelques années un enjeu majeur, priorité affichée de l'agenda des organisations internationales et des grandes économies. Initiée par les États-Unis et matérialisée par la promulgation de leur loi Foreign Corrupt Practices Act (FCPA) en 1977, la lutte contre la corruption dépasse largement le cadre juridique et s'inscrit dans des rapports de force diplomatique, géopolitique et économique entre plusieurs acteurs. Des instruments de négociation ont été intégrés au droit américain de la lutte contre la corruption et une nouvelle configuration des relations juridiques et économiques transnationales s'est mise en place, à la lumière d'une compétition féroce entre États où les concepts de guerre et d'intelligence économique apparaissent en toile de fond. Concept d'origine anglo-saxonne et issue du droit souple, la compliance a gagné ses lettres de noblesse dans le sillage de la crise financière de 2008 et à la faveur d'un agenda international axé sur la lutte contre la criminalité financière et la corruption. Un nouveau droit de la compliance structure désormais l'organisation de nombreuses entreprises, de part et d'autre de l'Atlantique. Dans ce contexte, l'Union européenne construit une nouvelle architecture dans laquelle la soft law et la compliance s'affirment comme des piliers de plus en plus importants mais fait face à de profondes divergences entre ses États membresOver the past two decades, the fight against corruption has become a top priority, put high on the agenda of international organizations and large economies. Initiated by the United States and materialized by the promulgation of the law Foreign Corrupt Practices Act (FCPA) in 1977, the fight against corruption goes beyond the legal framework and is illustrated by a balance of powers in the diplomatie, geopolitical and economic aspects between various actors at the international level. Resolution vehicles have been integrated to the settlement of American legal proceedings in the corruption cases and a new configuration of international legal and economic relations has emerged, in light of a strong competition between States where the concept of economic war and business intelligence arises. Anglo-Saxon concept and key element of the soft law, the compliance gained its reputation following the 2008 financial crisis and thanks to an international agenda based on the fight against financial crime and corruption. Compliance rules, law and regulations are from now on embedded in the structure of companie and entities, on both si des of the Atlantic. In this context, the European Union builds a new legal framework where criminal law and compliance are essential pillars, but faces difficulties arisini from different visions from its Member States
Book chapters on the topic "Justice deals negotiated":
1
Robinson, Paul H., and Michael T. Cahill. "Making the Most of Limited Resources." In Law Without Justice, 72–88. Oxford University PressNew York, NY, 2005. http://dx.doi.org/10.1093/oso/9780195160154.003.0005.
Abstract:
Abstract A third practical constraint used to justify doctrines of deviation from desert is the simple impossibility, given limited investigative and adjudicative resources, of finding, prosecuting, and suitably punishing every criminal offender. Police and prosecutors must be selective in their allocation of resources to focus on the most serious offenses and on offenses for which they can most certainly or easily bring a successful prosecution. From this tension between doing justice and limited resources springs the prosecutor’s reliance on plea bargains: negotiated arrangements whereby an offender agrees to plead guilty, typically to a lesser offense than the one charged or in return for more lenient treatment at sentencing than he might expect if he had pleaded not guilty and been convicted. Prosecutors simply lack the resources to bring every case to trial, nor would they want to do so. Because police investigations do not always turn up overwhelming admissible evidence against the accused, it is not always clear ex ante whether a trial will result in a conviction. Accordingly, to clear their caseloads and make sure of getting at least half a loaf rather than none, prosecutors make deals.
2
Fry, Douglas P. "Seeking Justice: The Quest for Fairness." In Beyond War, 81–99. Oxford University PressNew York, NY, 2007. http://dx.doi.org/10.1093/oso/9780195309485.003.0007.
Abstract:
Abstract Conflict is an inevitable feature of social life, but clearly violence is not the only option for dealing with conflict. Disputants can simply avoid each other, tolerate difficult situations, or negotiate mutually acceptable solutions. Other people very often become involved as mediators and arbitrators, judges and juries, or advisors and therapists. Although the violence of homicide, feud, and war grab our attention, an examination of cross-cultural data reveals that people usually deal with conflicts without using any violence at all. Humans have a tremendous capacity for getting along with each other peacefully, preventing physical aggression, limiting the scope and spread of violence when it does break out, and restoring peace following violence.
3
McConnell-Sidorick, Sharon. "Storming the Bastille." In Silk Stockings and Socialism. University of North Carolina Press, 2017. http://dx.doi.org/10.5149/northcarolina/9781469632957.003.0007.
Abstract:
This chapter demonstrates how the hosiery union's important but heretofore forgotten efforts played a key role in the founding of the Congress of Industrial Organizations (CIO) and important labor legislation, major New Deal programs like public housing, and labor feminism. These achievements are bracketed by two major strike waves--under the National Industrial Recovery Act (NIRA) in 1933 when they negotiated the Reading Formula, and under the Wagner Act in 1937 when the Apex strike led to the Supreme Court decision in support of labor, Apex v. Leader. Using the hosiery union as a microcosm of national trends, it also suggests reasons some top CIO officials gravitated toward a top-down structure, increasingly in the orbit of the Democratic Party, while another group struggled to maintain a democratic, bottom-up organizational structure--and what this meant for women and social justice unionism.
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Fanghanel, Alexandra. "Disruptive play." In Disrupting Rape Culture, 111–48. Policy Press, 2019. http://dx.doi.org/10.1332/policypress/9781529202526.003.0004.
Abstract:
In recent years, BDSM communities and sexual practices have received increasing attention in academic circles and in popular discourse. Part one explores what happens at the threshold of kinky subculture and its penetration into the mainstream, within contemporary legal, cultural, and commercial discourses. Part Two explores the penetration of the disobedient body within the kink community and interrogates how ‘the community’ responds to trouble or disruption. In this part, I draw on interview data with men and women in the US and the UK who talked about how for instance, community is forged, consent violations are dealt with, undesirable behaviour of members of the community are negotiated, and how sexualised relations emerge.This chapter explores the ways in which social and spatial (in)justice through disavowal, exclusion, and the promotion of rape culture prevail in these encounters. Yet it is also hopeful and considers how some interventions might become transformative and how molecular revolutions might emerge.
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Moffett, Luke. "The Historical Development of War Reparations." In Reparations and War, 69–96. Oxford University PressOxford, 2023. http://dx.doi.org/10.1093/oso/9780192865588.003.0004.
Abstract:
Abstract Reparations have been practised for thousands of years in many cultures and societies around the world to negotiate peace and settle grievances. This chapter does not aim to provide a comprehensive history of reparations in international law, but traces out the broad contours of how such practices have evolved. This chapter begins by briefly discussing some of the reparation practices in ancient times. It then turns to outline the practices of reparations from the emergence of international law from the Treaty of Westphalian, before moving onto focus on the reparation practices around the World Wars. These fashioned epochs demonstrate the use and understanding of reparations in the distant past, the emergence of the nation State, and finally the international legal order based on international peace and security. The reparations that resulted from the two World Wars are explored in depth, given their scale, controversy, and innovation that continue to frame contemporary reparations. These three epochs reflect differing dynamics in how a balance for reparations is struck. Traditionally they reflected victor’s justice, then became more mediated in establishing peace and States settling claims between themselves, and finally part of the Allies’ plans to deal with the past or the wrongdoer State’s effort to make amends to victim groups and injured States.
Conference papers on the topic "Justice deals negotiated":
1
Hornung, Severin, and Thomas Höge. "THE DARKSIDE OF IDIOSYNCRATIC DEALS: HUMANISTIC VERSUS NEOLIBERAL TRENDS AND APPLICATIONS." In International Psychological Applications Conference and Trends. inScience Press, 2021. http://dx.doi.org/10.36315/2021inpact097.
Abstract:
"Theory-building on workplace flexibility is extended, based on a critical Human Resource (HR) systems framework and paradox (conflict) perspective on employee-oriented vs. capacity-oriented flexibility. Differentiated are variabilities in HR practices by: a) content (functional, temporal, spatial, numerical, financial); b) control (employer, employee); and c) creation (top-down, bottom-up). Hybrid types of bottom-up initiated and top-down authorized flexibility, idiosyncratic deals (i-deals), describe mutually beneficial, negotiated agreements on non-standard working conditions between employees and employer. If their real-world manifestations reflect idealized assumptions, however, remains obscure. Integrating institutional logics, HR systems embody values of humanistic ideals vs. neoliberal ideology: (1) individuation vs. individualism; (2) solidarity vs. competition; (3) emancipation vs. instrumentality. Reflecting these antipodes, construed ideal-type and anti-type i-deals facilitate: (a) self-actualization vs. self-reliance (needs vs. interests); (b) common good vs. tournament situations (triple-win vs. winner-take-all); (c) social transformation vs. economic rationalization (development vs. performance). In humanistic management theory, i-deals increase employee-oriented flexibility, but, in reality, risk being co-opted for economic rationalization and divisive labor-political power strategies. Antagonistic applications involve: humanization vs. rationalization goals; egalitarian vs. elitist distribution; relational vs. transactional resources; need-based vs. contribution-based authorization; procedural vs. distributive justice; supplementing vs. substituting collective HR practices. Instrumental adoption in high-performance work environments likely facilitates harmful internalizations as subjectification and self-exploitation."
Reports on the topic "Justice deals negotiated":
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Schultz, Susanne. Intersectional Convivialities Brazilian Black and Popular Feminists Debating the Justiça Reprodutiva Agenda and Allyship Framework. Maria Sibylla Merian Centre Conviviality-Inequality in Latin America, November 2022. http://dx.doi.org/10.46877/schultz.2022.50.
Abstract:
The concept of reproductive justice is currently receiving a lot of attention in transnational counter-hegemonic feminisms. The text explores how Black and popular feminism are adopting the concept currently in Brazil. In the first section, the text deals with implications for agenda setting and reflects the movements’ strong reference to necropolitical dimensions of reproductive relations. Three elements of agenda setting are explored: addressing structural inequality within “classical” reproductive health issues; the attention to anti-natalist strategies, such as a continuous policy of sterilisation; and experiences of motherhood/parenthood being stigmatised or attacked. In the second section, the text explores another level of meaning of reproductive justice, namely that of being a framework for intersectional feminist alliances. Therefore, it deals with how the movements negotiate different positionalities and the question of allyship within their everyday convivialities. The movements negotiate these organisational challenges by reflecting processes of collective repositioning in a complex way and referring to important concepts of contemporary anti-racist and social movements in Brazil, such as não lugar, aquilombamento, and bem-viver.