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Author: Larissa Behrendt Publisher: Federation Press ISBN: 9781862877078 Category : Law Languages : en Pages : 164
Book Description
This book looks at the way in which dispute resolution processes can be developed to more effectively empower Aboriginal people and assist with the more equitable and satisfactory resolution of disputes between Aboriginal people and between Aboriginal people and other groups. It uses conflict around land, particularly at the intersection between land claim and native title as its focus. These have been identified through extensive field research. The book also explores the building of models of alternative dispute resolution processes based on Aboriginal cultural values and world views. It provides practical tools to practitioners who are seeking to find more effective ways of dealing with conflict in Aboriginal communities or between Aboriginal communities and other stakeholders.
Author: Larissa Behrendt Publisher: Federation Press ISBN: 9781862877078 Category : Law Languages : en Pages : 164
Book Description
This book looks at the way in which dispute resolution processes can be developed to more effectively empower Aboriginal people and assist with the more equitable and satisfactory resolution of disputes between Aboriginal people and between Aboriginal people and other groups. It uses conflict around land, particularly at the intersection between land claim and native title as its focus. These have been identified through extensive field research. The book also explores the building of models of alternative dispute resolution processes based on Aboriginal cultural values and world views. It provides practical tools to practitioners who are seeking to find more effective ways of dealing with conflict in Aboriginal communities or between Aboriginal communities and other stakeholders.
Author: Catherine Bell Publisher: UBC Press ISBN: 0774850957 Category : Law Languages : en Pages : 394
Book Description
In the last twenty years, there has been a growing interest in alternative dispute resolution (ADR), as scholars and practitioners seek more effective, context-sensitive approaches to conflict. Where formerly conflict was tackled and “resolved” in formal legal settings and with an adversarial spirit, more conciliatory approaches – negotiation, mediation, problem-solving, and arbitration – are now gaining favour. These new methods are proving especially appropriate in intercultural contexts, particularly for Aboriginal land claims, self-government, and community-based disputes. The essays collected here by Catherine Bell and David Kahane provide a balanced view of ADR, exploring its opportunities and effectiveness alongside its challenges and limits. The essays are international in scope, with examples of efforts at dispute resolution involving Inuit and Arctic peoples, Dene, Gitxsan and Wet’suwet’en, Tsuu T’ina, Cree, Metis, Navajo, Maori, Aboriginal Australians, and Torres Strait Islanders. With contributions from Aboriginal and non-Aboriginal theorists and practitioners, Intercultural Dispute Resolution in Aboriginal Contexts presents an array of insightful perspectives. This book will appeal to students and scholars of Aboriginal law and alternative dispute resolution; legal and political theorists; dispute resolution practitioners; and anyone involved in struggles around land claims, treaty, and self-government agreements in Canada or abroad.
Author: Akanmu G. Adebayo Publisher: Lexington Books ISBN: 0739188054 Category : Political Science Languages : en Pages : 316
Book Description
We know that since the end of the Cold War, conflicts in non-Western countries have been frequent, frequently violent, largely intra-state, and protracted. But what do we know about conflict management and resolution strategies in these societies? Have the dominant Western approaches been transplantable, suitable, effective, durable, and sustainable? Would conflicts in non-Western societies be better handled by the adaptation and adoption of customary, traditional, or localized mechanisms of mitigation? These and similar questions have engaged the attention of scholars and policy-makers. Indigenous Conflict Management Strategies: Global Perspectives is offered as a global compendium on indigenous conflict management strategies. It presents diverse perspectives on the subject. Fully aware of the tendency in the literature to over-generalize, over-romanticize, and over-criticize the localized and customary mechanisms, the book takes a slightly different approach. It presents a variety of traditional conflict management approaches as well as several cases of the successful integration of the indigenous and Western strategies in the contemporary period. The main features, strengths, challenges, and weaknesses of a multitude of indigenous systems are also presented.
Author: Dewani, Nisha Dhanraj Publisher: IGI Global ISBN: 1799818373 Category : Law Languages : en Pages : 296
Book Description
Traditional knowledge is largely oral collective of knowledge, beliefs, and practices of indigenous people on sustainable use and management of resources. The survival of this knowledge is at risk due to various difficulties faced by the holders of this knowledge, the threat to the cultural survival of many communities, and the international lack of respect and appreciation of traditional knowledge. However, the greatest threat is that of appropriation by commercial entities in derogation of the rights of the original holders. Though this practice is morally questionable, in the absence of specific legal provisions, it cannot be regarded as a crime. Intellectual Property Rights and the Protection of Traditional Knowledge is a collection of innovative research on methods for protecting indigenous knowledge including studies on intellectual property rights and sovereignty rights. It also analyzes the contrasting interests of developing and developed countries in the protection of traditional knowledge as an asset. While highlighting topics including biopiracy, dispute resolution, and patent law, this book is ideally designed for legal experts, students, industry professionals, and practitioners seeking current research on the development and enforcement of intellectual property rights in relation to traditional knowledge.
Author: Getachew Assefa (dir.). Alula Pankhurst Publisher: Centre français des études éthiopiennes ISBN: 2821872348 Category : Social Science Languages : en Pages : 301
Book Description
This book presents a timely review of the relations between the formal and customary justice systems in Ethiopia, and offers recommendations for legal reform. The book provides cases studies from all the Region of Ethiopia based on field research on the working of customary dispute resolution (CDR) institutions, their mandates, compositions, procedures and processes. The cases studies also document considerable unofficial linkages with the state judicial system, and consider the advantages as well as the limitations of customary institutions with respect to national and international law. The editor's introduction reviews the history of state law and its relations with customary law, summarises the main findings by region as well as as on inter-ethnic issues, and draws conclusions about social and legal structures, principles of organization, cultural concepts and areas, and judicial processes. The introduction also addresses the questions of inclusion and exclusion on the basis of gerontocratic power, gender, age and marginalised status, and the gradual as well as remarkable recent transformations of CDR institutions. The editor's conclusion reviews the characteristics, advantages and limitations of CDR institutions. A strong case is made for greater recognition of customary systems and better alliance with state justice, while safeguarding individual and minority rights. The editors suggest that the current context of greater decentralization opens up opportunities for pratical collaboration between the systems by promoting legal pluralism and reform, thereby enhancing local level justice delivery. The editors conclude by proposing a range of options for more meaningful partnership for consideration by policy makers, the legal profession and other stakeholders. In memory of Aberra Jembere and Dinsa Lepisa. Cover: Elders at peace ceremony in Arbore, 1993.
Author: Yonas Berhane Publisher: Anchor Academic Publishing (aap_verlag) ISBN: 3954896575 Category : Political Science Languages : en Pages : 77
Book Description
This book is dealt with Mezard institution which seems to be characterized as a democratic institution at least apparently. In the real sense however, it lacks an inherently full-fledged democratic element. In fact it appears to encourage participation of the public in general, but excluding the youth and the women to participate throughout the process and in election of the elders who can handle the existing conflicts. Moreover, based on the study conducted in the area, this book indicates that the Mezard system is cost effective way of adjudicating cases.
Author: Stephanie P. Stobbe Publisher: Lexington Books ISBN: 1498566448 Category : Political Science Languages : en Pages : 285
Book Description
Conflict Resolution in Asia: Mediation and Other Cultural Models is an exploration of human interaction, conflict, and conflict resolution in the incredibly diverse region that consists of South, East, and Southeast Asia. It examines how traditional, indigenous, and culturally based conflict resolution processes interact with more formal legal systems to build infrastructures that address conflicts at the interpersonal to international levels in ways that maintain social harmony. This book provides insight into situations where unique cultures come together to create a larger cultural identity, and how constructive and appropriate conflict resolution systems can work every day to establish positive relationships and overall peace in these complex communities. It demonstrates the importance of culture in addressing conflict and conflict resolution, and validates the significance of culturally appropriate processes in building and sustaining peace. From Southeast Asia, a survey of Indonesia, Laos, Philippines, Thailand, Singapore, and Vietnam highlights their rich cultures and conflict resolution processes. From East Asia, Mainland China and Hong Kong show the history of traditional models and the incorporation of mediation within a more formal legal system. Finally, a section on South Asia examines customary methods of dispute resolution working alongside a judiciary structure in India. These nine countries represent very different cultural groups with complex national histories, and varying degrees of influence from Western powers. Using select Asian nations as case studies of conflict resolution systems, this edited book examines the power of mediation and other cultural conflict resolution models as a tool for addressing conflicts and social justice.
Author: Nicholson, Rebecca Publisher: IGI Global ISBN: 1799836673 Category : Health & Fitness Languages : en Pages : 301
Book Description
Traditional methods for addressing conflict and healing have been largely replaced in elite settings by modern approaches. Rather than old and new complementing one another, bias is present. New is widely perceived as better among elite institutions, even when research indicates otherwise. Within the realm of international development, the need for cost-effective, sustainable, and successful methods of healing must be explored. Natural Healing as Conflict Resolution is an essential reference book that examines and addresses systemic bias towards natural healing methods and explores the mutually beneficial relationships of natural healing through human and non-human life forms in the context of resolving conflict. It illustrates not only the more obvious biological/physiological benefits of complementary approaches, but also the spiritual, emotional, and psychological benefits of integrating natural means of healing to resolve conflict. As such, the book acknowledges the effectiveness and articulates the benefits of traditional indigenous healing methods and how they can be used in complementary, mutually beneficial ways with modern practices. Highlighting emerging topics that include ecopsychology, parapsychology, and holistic medicine, this book is ideal for conflict resolution practitioners, psychologists, trauma counselors, veterans associations, pet therapists, nature organizations, academics, scientists, eco-architects and designers, international development policymakers, peacebuilding institutions, natural and traditional healers, alternative/integrative medicine practitioners, spiritualists, researchers, and students.
Author: Larissa Behrendt
Author: Larissa Behrendt
Author: Catherine Bell
Author: 
Author: Akanmu G. Adebayo
Author: Dewani, Nisha Dhanraj
Author: Getachew Assefa (dir.). Alula Pankhurst
Author: Kay Pranis
Author: Yonas Berhane
Author: Stephanie P. Stobbe
Author: Nicholson, Rebecca