Author: Sumit Bisarya and Thibaut Noel Publisher: International Institute for Democracy and Electoral Assistance (International IDEA) ISBN: 9176714144 Category : Political Science Languages : en Pages : 14
Book Description
Countries often amend their constitutions or enact new ones following major political events, such as the founding of newly independent states, the fall of an authoritarian regime or the end of violent conflict. Significant constitutional reform at a crucial moment is often a high-stakes process because a constitution regulates access to public power and resources among different groups. While disagreements over divisive topics are likely and even inherent to constitution-making, they may also result in a serious deadlock when stakeholders are unable to reach agreement. A prolonged deadlock can delay or even derail the whole reform process. In this context, it may be advisable to create incentives that can help parties to the negotiations overcome divergence and resolve deadlocks should they occur. This Constitution Brief focuses on strategies and mechanisms for breaking a deadlock in constitutional negotiations conducted in an environment of competitive democratic politics.
Author: George Anderson Publisher: Oxford University Press ISBN: 0192573616 Category : Law Languages : en Pages : 556
Book Description
This collection of essays surveys the full range of challenges that territorial conflicts pose for constitution-making processes and constitutional design. It provides seventeen in-depth case studies of countries going through periods of intense constitutional engagement in a variety of contexts: small distinct territories, bi-communal countries, highly diverse countries with many politically salient regions, and countries where territorial politics is important but secondary to other bases for political mobilization. Specific examples are drawn from Iraq, Kenya, Cyprus, Nigeria, South Africa, Sri Lanka, the UK (Scotland), Ukraine, Bolivia, India, Spain, Yemen, Nepal, Ethiopia, Indonesia (Aceh), the Philippines (Mindanao), and Bosnia-Herzegovina. While the volume draws significant normative conclusions, it is based on a realist view of the complexity of territorial and other political cleavages (the country's "political geometry"), and the power configurations that lead into periods of constitutional engagement. Thematic chapters on constitution-making processes and constitutional design draw original conclusions from the comparative analysis of the case studies and relate these to the existing literature, both in political science and comparative constitutional law. This volume is essential reading for scholars of federalism, consociational power-sharing arrangements, asymmetrical devolution, and devolution more generally. The combination of in-depth case studies and broad thematic analysis allows for analytical and normative conclusions that will be of major relevance to practitioners and advisors engaged in constitutional design.
Author: Grégoire C. N. Webber Publisher: Cambridge University Press ISBN: 0521111234 Category : Law Languages : en Pages : 241
Book Description
Grégoire C. N. Webber explores how open-ended constitutional rights leave a constitution open to re-negotiation by the political process.
Author: Rose Gottemoeller Publisher: Cambria Press ISBN: Category : Political Science Languages : en Pages : 211
Book Description
Rose Gottemoeller, the US chief negotiator of the New START treaty-and the first woman to lead a major nuclear arms negotiation-delivers in this book an invaluable insider's account of the negotiations between the US and Russian delegations in Geneva in 2009 and 2010. It also examines the crucially important discussions about the treaty between President Barack Obama and President Dmitry Medvedev, and it describes the tough negotiations Gottemoeller and her team went through to gain the support of the Senate for the treaty. And importantly, at a time when the US Congress stands deeply divided, it tells the story of how, in a previous time of partisan division, Republicans and Democrats came together to ratify a treaty to safeguard the future of all Americans. Rose Gottemoeller is uniquely qualified to write this book, bringing to the task not only many years of high-level experience in creating and enacting US policy on arms control and compliance but also a profound understanding of the broader politico-military context from her time as NATO Deputy Secretary General. Thanks to her years working with Russians, including as Director of the Carnegie Moscow Center, she provides rare insights into the actions of the Russian delegation-and the dynamics between Medvedev and then-Prime Minister Vladmir Putin. Her encyclopedic recall of the events and astute ability to analyze objectively, while laying out her own thoughts and feelings at the time, make this both an invaluable document of record-and a fascinating story. In conveying the sense of excitement and satisfaction in delivering an innovative arms control instrument for the American people and by laying out the lessons Gottemoeller and her colleagues learned, this book will serve as an inspiration for the next generation of negotiators, as a road map for them as they learn and practice their trade, and as a blueprint to inform the shaping and ratification of future treaties. This book is in the Rapid Communications in Conflict and Security (RCCS) Series (General Editor: Dr. Geoffrey R.H. Burn) and has received much praise, including: “As advances in technology usher in a new age of weaponry, future negotiators would benefit from reading Rose Gottemoeller’s memoir of the process leading to the most significant arms control agreement of recent decades.” —Henry Kissinger, former U.S. Secretary of State “Rose Gottemoeller’s book on the New START negotiations is the definitive book on this treaty or indeed, any of the nuclear treaties with the Soviet Union or Russia. These treaties played a key role in keeping the hostility between the United States and the Soviet Union from breaking out into a civilization-ending war. But her story of the New START negotiation is no dry academic treatise. She tells with wit and charm the human story of the negotiators, as well as the critical issues involved. Rose’s book is an important and well-told story about the last nuclear treaty negotiated between the US and Russia.” —William J. Perry, former U.S. Secretary of Defense “This book is important, but not just because it tells you about a very significant past, but also because it helps you understand the future.” — George Shultz, former U.S. Secretary of State
Author: Jay Folberg Publisher: Aspen Publishing ISBN: 1543846521 Category : Law Languages : en Pages : 306
Book Description
The purchase of this ebook edition does not entitle you to receive access to the Connected eBook on CasebookConnect. You will need to purchase a new print book to get access to the full experience including: lifetime access to the online ebook with highlight, annotation, and search capabilities, plus an outline tool and other helpful resources. Designed to prepare law students to negotiate knowledgably and successfully as lawyers representing clients, Lawyer Negotiation: Theory, Practice, and Law, Fourth Edition features an integrated approach that combines theory, skills, negotiation strategy, ethics, and law. A sleek, readable, and lively text for any law school Negotiation course, this book reflects the authors’ experience as negotiators, mediators, ADR teachers, and trainers. Interesting notes, thoughtful problems, provocative questions, and new video resources throughout the text raise practical negotiation challenges and policy issues. The focus is on negotiating legal claims and issues on behalf of clients. Previous editions have proven popular because of the very readable and lively text, interesting notes, thoughtful problems, and provocative questions that raise practical negotiation challenges and issues, which are updated in this new edition. Carefully curated excerpts from other leading authors are included, allowing for diverse ideas to be presented on negotiation techniques and eliminating the need for supplemental material. Vivid examples are included from real cases and literature, which bring negotiation concepts and applications to life. The book is designed for experiential, interactive teaching utilizing provided role-plays, exercises, problems, and streaming video examples. In addition to direct negotiation, how to advantageously use assisted negotiation in the form of mediation advocacy is included. New to the Fourth Edition: Fresh material and perspective benefiting from a new co-author Each chapter has been updated with new insights and examples More video-based examples, problems, and resources—linked video excerpts can now be streamed showing different negotiation styles and techniques Streamlined presentation of outside excerpts Greater coverage of distance negotiation, including email and remote contexts Increased focus on #MeToo, gender, social activism, historical inequities, anti-racism, cultural and style differences, online negotiation, technological advances, and other crucial issues affecting negotiation and dispute resolution today Excerpts have been condensed or summarized to shorten reading assignments, allowing more time for experiential learning Professors and student will benefit from: Step-by-step organization and readings designed to be used as part of an active experiential class without sacrificing the deep knowledge expected in a law school course Informal writing style, interesting examples, practical advice, and thought-provoking questions, all written specifically for law students who will soon represent clients as negotiators Practice-based approach which helps students apply the concepts Exercises and accompanying role-plays that facilitate classroom discussion Assessment tools to aid in student learning and understanding Videos that show experienced lawyers, negotiators, and mediators performing role plays
Author: Curtis Cook Publisher: McGill-Queen's Press - MQUP ISBN: 9780773512023 Category : Political Science Languages : en Pages : 316
Book Description
This collection of essays by prominent Canadian political scientists and philosophers examines why the Charlottetown Accord failed to resolve Canada's constitutional problems and explains the design and fate of the accord as reflected in the theories and political forces that framed it.
Author: Arthur Benz Publisher: Oxford University Press ISBN: 0191089818 Category : Political Science Languages : en Pages : 287
Book Description
The search for a robust balance of power is a continuous challenge for multilevel political system. Institutions like parliaments or courts can protect the existing order. However, necessary adjustments to economic, social, or international challenges or policies determined to improve ineffective structures or to prevent disintegration require constitutional amendments. Whereas constitutional policy appears as essential to maintain balance, changing a constitution is rather difficult in multilevel governments. Due to the veto power of many actors pursuing divergent interests, policies aiming to redistribute power or fiscal resources risk to end in the joint decision trap. Hence, multilevel government is confronted by a fundamental dilemma. Constitutional Policy in Multilevel Government compares processes of constitutional reform in federal and regionalized states. Based on a theoretical framework emphasizing the relevance of negotiations in parliamentary, intergovernmental, and societal arenas, it identifies conditions for successful reforms and explains the consequences of failed reforms. Moreover, it highlights the interplay of reform processes and constitutional evolution as essential to maintaining a robust balance of power. The book demonstrates that an appropriate arrangement of multiple arenas of negotiation including executives, members of parliament and civil society organizations, and sequential order of reform processes proves fundamental to prevent federal or regionalized governments from becoming either instable or ending with rigid constitutions. Transformations in Governance is a major new academic book series from Oxford University Press. It is designed to accommodate the impressive growth of research in comparative politics, international relations, public policy, federalism, environmental and urban studies concerned with the dispersion of authority from central states up to supranational institutions, down to subnational governments, and side-ways to public-private networks. It brings together work that significantly advances our understanding of the organization, causes, and consequences of multilevel and complex governance. The series is selective, containing annually a small number of books of exceptionally high quality by leading and emerging scholars. The series targets mainly single-authored or co-authored work, but it is pluralistic in terms of disciplinary specialization, research design, method, and geographical scope. Case studies as well as comparative studies, historical as well as contemporary studies, and studies with a national, regional, or international focus are all central to its aims. Authors use qualitative, quantitative, formal modeling, or mixed methods. A trade mark of the books is that they combine scholarly rigour with readable prose and an attractive production style. The series is edited by Liesbet Hooghe and Gary Marks of the University of North Carolina, Chapel Hill, and the VU Amsterdam, and Walter Mattli of the University of Oxford.
Author: Deepak Malhotra Publisher: Berrett-Koehler Publishers ISBN: 1626566992 Category : Business & Economics Languages : en Pages : 295
Book Description
“Filled with great strategies you can immediately put to use in your business and personal lives . . . extremely entertaining, thought-provoking.” —Tyra Banks, CEO, TYRA Beauty, and creator of America’s Next Top Model Some negotiations are easy. Others are more difficult. And then there are situations that seem completely hopeless. Conflict is escalating, people are getting aggressive, and no one is willing to back down. And to top it off, you have little power or other resources to work with. Harvard professor and negotiation adviser Deepak Malhotra shows how to defuse even the most potentially explosive situations and to find success when things seem impossible. Malhotra identifies three broad approaches for breaking deadlocks and resolving conflicts, and draws out scores of actionable lessons using behind-the-scenes stories of fascinating real-life negotiations, including drafting of the US Constitution, resolving the Cuban Missile Crisis, ending bitter disputes in the NFL and NHL, and beating the odds in complex business situations. But he also shows how these same principles and tactics can be applied in everyday life, whether you are making corporate deals, negotiating job offers, resolving business disputes, tackling obstacles in personal relationships, or even negotiating with children. As Malhotra reminds us, regardless of the context or which issues are on the table, negotiation is always, fundamentally, about human interaction. No matter how high the stakes or how protracted the dispute, the object of negotiation is to engage with other human beings in a way that leads to better understandings and agreements. The principles and strategies in this book will help you do this more effectively in every situation. “This book is magic for any deal maker.” —Daniel H. Pink, New York Times-bestselling author
Author: Arthur Benz Publisher: Verlag Barbara Budrich ISBN: 3866495536 Category : Political Science Languages : en Pages : 420
Book Description
This book analyses constitutional change in federal and decentralizing countries from a comparative perspective. The authors identify structures, processes and strategies which have proven to favour successful constitutional amendment. Thereby, the book enables public officials, scholars, and students to learn from the constitutional reform experiences of other federal democracies and from practical suggestions how future reforms could be designed. From the Contents: The Relevance of Constitutional Change Constitutional Reform in “Co-operative” Federalism Constitutional Reform in Federal Systems with Divided Societies Devolution and Regionalisation in Federalising States Processes of Ratification Evolution after a Constitutional Reform Conclusion
Author: Sumit Bisarya and Thibaut Noel
Author: George Anderson
Author: Grégoire C. N. Webber
Author: Rose Gottemoeller
Author: Jay Folberg
Author: Curtis Cook
Author: Arthur Benz
Author: Deepak Malhotra
Author: Art Hinshaw
Author: Arthur Benz