Crowdsourced online dispute resolution

Solving disputes often takes a considerable amount of time and money. That holds for everyone involved. A new type of dispute resolution called Crowdsourced Online Dispute Resolution (CODR) seems to have the potential to offer a cheap, fast, and democratic dispute resolution procedure. Since it is currently not clear whether CODR procedures comply with the requirements of procedural fairness, the attractiveness and the acceptance of CODR procedures may be in discussion. This thesis aims to establish whether CODR can fairly resolve disputes. First, it provides a framework of CODR, analyses the differences between CODR and other dispute resolution schemes, and constructs interpretation of procedural fairness that merges objective and subjective procedural fairness. Second, the research investigates whether the current CODR procedures are fair and proposes a model of a CODR procedure that complies with the interpretation of procedural fairness. The findings of the research indicate that CODR can be designed to fairly resolve disputes.Exploring the Frontiers of International La

Diplomatic protection and xenophobic violence in South Africa : the case for reparation to Mozambican victims

Xenophobia is a fear or contempt of that which is foreign or unknown, especially of strangers or foreign people. It comes from the Greek words ξένος (xenos), meaning "foreigner," "stranger," and φόβος (phobos), meaning "fear." The term is typically used to describe a fear or dislike of foreigners or of people significantly different from oneself.1 On 11 May 2008 foreigners, mainly black people who lived in poor areas were attacked by South African citizens in South Africa; the attacks started in Alexandra, Johannesburg and spread to other areas in the country.2 Due to the occurrence 62 people were officially confirmed dead; 342 foreigners‟ shops were looted and 213 burnt down.3 Forty one foreigners were killed during the incident; such kinds of xenophobic attacks against foreigners had taken place in the country before, having reached their peak in May 2008.4 Further, „at least 670 people were wounded, and over 100 000 displaced.‟Thesis (LLM (Human Rights and Democratisation in Africa)) -- University of Pretoria, 2011.A dissertation submitted to the Faculty of Law University of Pretoria, in partial fulfilment of the requirements for the degree Masters of Law (LLM in Human Rights and Democratisation in Africa). Prepared under the supervision of Dr. Henry Onoria of the Faculty of Law, University of Makerere. 2010.http://www.chr.up.ac.za/Centre for Human RightsLL

The Bernstein Memorial Lecture: The First Six Years

CICLOPs, the Center for International & Comparative Law Occasional Papers, could not be launched with a better issue than one dedicated to Duke Law\u27s named lecture series in the field, the Annual Herbert L. Bernstein Memorial Lecture in Comparative Law. Herbert Bernstein was Duke\u27s much-beloved professor of comparative law. The lecture series, established in Prof. Bernstein’s honor after his sudden death in 2001, has drawn leading scholars from all around the world to speak at Duke Law School on comparative law. This first issue of CICLOPs contains the text of the first six lectures, some of them previously published in hard-to-access venues and some not at all. As such, it serves as a tribute not only to Herbert Bernstein, but also to Duke Law\u27s vibrant and active comparative law community, which encompasses both numerous faculty members and also students pursuing Duke\u27s JD/LLM degree in international and comparative law as well as other student groups. The issue contains all lectures in the order in which they were delivered

Polycentric Information Commons: A Theory Development and Empirical Investigation

Decentralized systems online—such as open source software (OSS) development, online communities, wikis, and social media—often experience decline in participation which threatens their long-terms sustainability. Building on a rich body of research on the sustainability of physical resource systems, this dissertation presents a novel theoretical framing that addresses the sustainability issues arising in decentralized systems online and which are amplified because of their open nature. The first essay develops the theory of polycentric information commons (PIC) which conceptualizes decentralized systems online as “information commons”. The theory defines information commons, the stakeholders that participate in them, the sustainability indicators of information commons and the collective-action threats putting pressure on their long-term sustainability. Drawing on Ostrom’s factors associated with stable common pool resource systems, PIC theory specifies four polycentric governance practices that can help information commons reduce the magnitude and impact of collective-action threats while improving the information commons’ sustainability. The second essay further develops PIC theory by applying it in an empirical context of “digital activism”. Specifically, it examines the role of polycentric governance in reducing the threats to the legitimacy of digital activism—a type of information commons with an overarching objective of instigating societal change. As such, it illustrates the applicability of PIC theory in the study of digital activism. The third essay focuses on the threat of “information pollution” and its impact on open collaboration, a type of information commons dedicated to the creation of value through open participation online. It uncovers the way polycentric governance mechanism help reduce the duration of pollution events. This essay contributes to PIC theory by expanding it to the realm of operational governance in open collaboration

Advanced Mediation

Meeting proceedings of a seminar by the same name, held July 14-15, 2022

Contemporary Tendencies in Mediation

Editors: Humberto dalla Bernardina de Pinho, Juliana Loss de AndradePresentation / Humberto Dalla Bernardina de Pinho, Juliana Loss de Andrade. -- Mediation in England / Neil Andrews. -- Un Reto para la Mediación: el Diseño de su Código Deontológico / Nuria Belloso Martín. -- Alternative Dispute Resolution and Aboriginal-Crown Reconciliation in Canada / Roshan Danesh, Jessica Dickson. -- A False ‘Prince Charming’ Keeps ‘Sleeping Beauty’ in a Coma: On Voluntary Mediation Being the True Oxymoron of Dispute Resolution Policy / Giuseppe De Palo. -- Programa de Derivación Judicial en Puerto Rico Desde la Perspectiva de la Mediación / Jacqueline N. Font-Guzmán. -- Mediation in Switzerland / Isabelle Hering. -- Reconocimiento y eficacia de los acuerdos de mediación mercantil internacional / Juliana Loss de Andrade. -- The Uses of Mediation / Lela P. Love, Joseph B. Stulberg. -- Multi-Dimensional Mediation / Paul E. Mason. -- “Italy Is Doing It – Should We Be?” Civil and Commercial Mediation in Italy / Giovanni Matteucci. -- Limites dos Meios Alternativos de Conflito / José Marinho Paulo Junior. -- New Perspectives of Civil and Commercial Mediation in Brazil / Humberto Dalla Bernardina de Pinho. -- Practical Impacts of Theoretical Lenses / Elton Simoes, Andrea Maia. -- Development and Resistance in South Europe Justice Systems to Restorative Justice / Helena Soleto Muño

Managing Political and Investment Risk in the International Oil and Gas Industry

The effectiveness with which political and investment risk are managed in the oil and gas industry are important for several reasons. First, oil and gas are essential for sustaining current economic activity and promoting economic growth. Second, the balance between supply and demand determines the price of oil and gas. Therefore the price and availability of oil and natural gas are also matters of national security. Third, the search for a secure supply of oil and gas affects the political, military and economic relations between countries. This study addresses four questions. What institutions and strategies are available for managing political and investment risk in the international oil and gas industry? How and when did they develop? In what circumstances is each used? How effective have they been? The institutions available for managing risk include oil and gas exploration contracts, domestic courts, national constitutions, bilateral investment treaties, multilateral investment treaties, governmental and non-governmental regulatory agencies and international energy forums. The organizations that manage uncertainty and risk include international oil companies, oil service companies, national oil companies, and public and private providers of financial capital and insurance. Their strategies include corporate finance, joint ventures, project finance, alliances and energy diplomacy. This study supports the view that existing institutions change and new institutions are created when organizations perceive that a change in the status quo will enhance the profitability of existing projects and make new projects economically feasible. However, institutional development takes place in steps; and frequently involves several organizations, some trying to change the existing institutional environment and others trying to preserve it. Finally, the institutions supporting the international oil and gas industry can be arranged in a hierarchy based on their relative importance. Contracts, informal relationships and financial transparency are the most important institutional mechanisms used by international oil and natural gas companies to manage risk. The second line of defense includes domestic law, bilateral treaties, and international courts and tribunals. A third line of defense includes multilateral treaties and international forum