Lawyers As Meddlers In The Mediation Process A Malaysian Perspective
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| Author | : Taylor B. Seybolt |
| Publisher | : Oxford University Press, USA |
| Total Pages | : 314 |
| Release | : 2007 |
| Genre | : Altruism |
| ISBN | : 0199252432 |
Military intervention in a conflict without a reasonable prospect of success is unjustifiable, especially when it is done in the name of humanity. Couched in the debate on the responsibility to protect civilians from violence and drawing on traditional 'just war' principles, the centralpremise of this book is that humanitarian military intervention can be justified as a policy option only if decision makers can be reasonably sure that intervention will do more good than harm. This book asks, 'Have past humanitarian military interventions been successful?' It defines success as saving lives and sets out a methodology for estimating the number of lives saved by a particular military intervention. Analysis of 17 military operations in six conflict areas that were thedefining cases of the 1990s-northern Iraq after the Gulf War, Somalia, Bosnia and Herzegovina, Rwanda, Kosovo and East Timor-shows that the majority were successful by this measure. In every conflict studied, however, some military interventions succeeded while others failed, raising the question, 'Why have some past interventions been more successful than others?' This book argues that the central factors determining whether a humanitarian intervention succeeds are theobjectives of the intervention and the military strategy employed by the intervening states. Four types of humanitarian military intervention are offered: helping to deliver emergency aid, protecting aid operations, saving the victims of violence and defeating the perpetrators of violence. Thefocus on strategy within these four types allows an exploration of the political and military dimensions of humanitarian intervention and highlights the advantages and disadvantages of each of the four types.Humanitarian military intervention is controversial. Scepticism is always in order about the need to use military force because the consequences can be so dire. Yet it has become equally controversial not to intervene when a government subjects its citizens to massive violation of their basic humanrights. This book recognizes the limits of humanitarian intervention but does not shy away from suggesting how military force can save lives in extreme circumstances.
| Author | : Hilary Lim |
| Publisher | : Zed Books Ltd. |
| Total Pages | : 247 |
| Release | : 2013-07-18 |
| Genre | : Law |
| ISBN | : 1848137206 |
In this pioneering work Siraj Sait and Hilary Lim address Islamic property and land rights, drawing on a range of socio-historical, classical and contemporary resources. They address the significance of Islamic theories of property and Islamic land tenure regimes on the 'webs of tenure' prevalent in the Muslim societies. They consider the possibility of using Islamic legal and human rights systems for the development of inclusive, pro-poor approaches to land rights. They also focus on Muslim women's rights to property and inheritance systems. Engaging with institutions such as the Islamic endowment (waqf) and principles of Islamic microfinance, they test the workability of 'authentic' Islamic proposals. Located in human rights as well as Islamic debates, this study offers a well researched and constructive appraisal of property and land rights in the Muslim world.
| Author | : Paul Meerts |
| Publisher | : |
| Total Pages | : 403 |
| Release | : 2015 |
| Genre | : Diplomacy |
| ISBN | : |
"Diplomatic Negotiation is difficult to grasp, both in practice and in theory. Yet it is important to get to grips with this process, as negotiations between states and in international organizations are the lifeblood of the international body politic. The Charter of the United Nations, for obvious reasons, ranks negotiation as the foremost instrument in the peaceful settlement of inter-state conflicts. Scholars of international relations, however, are still searching for methodologies and theories to explain the outcomes of negotiations by the processes that produce them. This monograph approaches the process of diplomatic negotiation from different angles, while applying a multi-faceted qualitative analysis of case studies from the past and present. It is hoped that a better understanding of negotiation as one of the main tools of diplomacy will help to enhance the effectiveness of this process as an alternative to warfare. Still, negotiation is basically a struggle in the promotion and defence of state interests. It is war by peaceful means. The central proposition of this book is that negotiations between states can only be a viable replacement of the use of violence if they are conducted within a framework of international regimes that set the rules and procedures for negotiation behaviour and mitigate lack of trust. International regimes may take the shape of international organizations, which can force countries to live up to their agreements. Diplomats and political leaders have come to recognize this, as the evolution of diplomacy in the last 400 years testifies. Diplomatic negotiation may be taken as a ceaseless series of attempts to bring more order to the international system. The current demise of the negotiation processes in the Middle East thus demonstrates the failure of the international community to build overarching negotiation structures."--Page 4 of cover.
| Author | : Tamir Moustafa |
| Publisher | : Cambridge University Press |
| Total Pages | : |
| Release | : 2018-07-25 |
| Genre | : Law |
| ISBN | : 1108334075 |
Most Muslim-majority countries have legal systems that enshrine both Islam and liberal rights. While not necessarily at odds, these dual commitments nonetheless provide legal and symbolic resources for activists to advance contending visions for their states and societies. Using the case study of Malaysia, Constituting Religion examines how these legal arrangements enable litigation and feed the construction of a 'rights-versus-rites binary' in law, politics, and the popular imagination. By drawing on extensive primary source material and tracing controversial cases from the court of law to the court of public opinion, this study theorizes the 'judicialization of religion' and the radiating effects of courts on popular legal and religious consciousness. The book documents how legal institutions catalyze ideological struggles, which stand to redefine the nation and its politics. Probing the links between legal pluralism, social movements, secularism, and political Islamism, Constituting Religion sheds new light on the confluence of law, religion, politics, and society. This title is also available as Open Access.
| Author | : Freedom House |
| Publisher | : Rowman & Littlefield |
| Total Pages | : 862 |
| Release | : 2011-11 |
| Genre | : Political Science |
| ISBN | : 1442209941 |
Freedom in the World, the Freedom House flagship survey whose findings have been published annually since 1972, is the standard-setting comparative assessment of global political rights and civil liberties. The survey ratings and narrative reports on 194 countries and 14 territories are used by policymakers, the media, international corporations, civic activists, and human rights defenders to monitor trends in democracy and track improvements and setbacks in freedom worldwide. The Freedom in the World political rights and civil liberties ratings are determined through a multi-layered process of research and evaluation by a team of regional analysts and eminent scholars. The analysts used a broad range of sources of information, including foreign and domestic news reports, academic studies, nongovernmental organizations, think tanks, individual professional contacts, and visits to the region, in conducting their research. The methodology of the survey is derived in large measure from the Universal Declaration of Human Rights, and these standards are applied to all countries and territories, irrespective of geographical location, ethnic or religious composition, or level of economic development.
| Author | : Stephen J. Blank |
| Publisher | : |
| Total Pages | : 376 |
| Release | : 2002-06-01 |
| Genre | : History |
| ISBN | : 9781410200488 |
Five specialists examine the historical relationship of culture and conflict in various regional societies. The authors use Adda B. Bozeman's theories on conflict and culture as the basis for their analyses of the causes, nature, and conduct of war and conflict in the Soviet Union, the Middle East, Sinic Asia (China, Japan, and Vietnam), Latin America, and Africa. Drs. Blank, Lawrence Grinter, Karl P. Magyar, Lewis B. Ware, and Bynum E. Weathers conclude that non-Western cultures and societies do not reject war but look at violence and conflict as a normal and legitimate aspect of sociopolitical behavior.
| Author | : |
| Publisher | : Cambria Press |
| Total Pages | : 330 |
| Release | : |
| Genre | : |
| ISBN | : 1621968855 |
| Author | : Eva R. Rieter |
| Publisher | : |
| Total Pages | : 1282 |
| Release | : 2010 |
| Genre | : Law |
| ISBN | : |
International human rights adjudicators, while facing urgent cases, have used provisional measures in order to prevent irreparable harm, e.g. to order States to halt an expulsion, the execution of a death sentence, destruction of the natural habitat, or to ensure access to health care in detention or protection against death threats. In the practice of the various adjudicators the traditional concept of provisional measures has undergone a process of humanisation. This book addresses the question how such provisional measures can be made as persuasive as possible. Apart from the Inter-American Court, none of the human rights adjudicators motivate or publish their provisional measures. Yet this book analyses their (best) practices and obstacles, determines the underlying rationale for their use of provisional measures and establishes the core of the concept of provisional measures that all adjudicators have in common. It argues that clarity on what belongs to the core of the concept, and on what does not belong to the concept at all, enhances the persuasive force of provisional measures. The practices of the international adjudicators made accessible in this book may prove useful in the ongoing cross-fertilization occurring among these adjudicators. Moreover, the analysis provided allows individual victims, their counsel, NGOs as well as international institutions to address more effectively urgent human rights cases. About this book: 'Rieter's book is a very worthwhile and sorely needed reference. Overall, the book provides a comprehensive and organized explanation of provisional measures and the bodies that may issue them. Its most important contribution is found in the middle chapters addressing the various situations and kinds of harm previously addressed by human rights tribunals when granting provisional measures, although the practical suggestions to human rights tribunals are also surely welcome. Researchers, human rights defenders and the tribunals themselves will find much in Rieter's volume to strengthen and enrich their work. Ideally, the information it contains will contribute not only to better understanding of provisional measures, but also to coherence in, and progressive development of, this area of the law.' X on internationalhumanrightslaw.org (2010))
| Author | : Freedom House |
| Publisher | : Rowman & Littlefield |
| Total Pages | : 924 |
| Release | : 2006 |
| Genre | : Political Science |
| ISBN | : 9780742558038 |
Freedom in the World, the Freedom House flagship survey whose findings have been published annually since 1972, is the standard-setting comparative assessment of global political rights and civil liberties. The survey ratings and narrative reports on 192 countries and a group of select territories are used by policy makers, the media, international corporations, and civic activists and human rights defenders to monitor trends in democracy and track improvements and setbacks in freedom worldwide. Press accounts of the survey findings appear in hundreds of influential newspapers in the United States and abroad and form the basis of numerous radio and television reports. The Freedom in the World political rights and civil liberties ratings are determined through a multi-layered process of research and evaluation by a team of regional analysts and eminent scholars. The analysts used a broad range of sources of information, including foreign and domestic news reports, academic studies, nongovernmental organizations, think tanks, individual professional contacts, and visits to the region, in conducting their research. The methodology of the survey is derived in large measure from the Universal Declaration of Human Rights, and these standards are applied to all countries and territories, irrespective of geographical location, ethnic or religious composition, or level of economic development.
| Author | : Chiyuki Aoi |
| Publisher | : UNU |
| Total Pages | : 316 |
| Release | : 2007 |
| Genre | : History |
| ISBN | : |
The deployment of a large number of soldiers, police officers and civilian personnel inevitably has various effects on the host society and economy, not all of which are in keeping with the peacekeeping mandate and intent or are easily discernible prior to the intervention. This book is one of the first attempts to improve our understanding of unintended consequences of peacekeeping operations, by bringing together field experiences and academic analysis. The aim of the book is not to discredit peace operations but rather to improve the way in which such operations are planned and managed.
