Les traditions culturelles et l’histoire commune des états membres de l’UEMOA ont été des facteurs clé de leur rapprochement dans divers domaines. En effet, la monnaie commune de ces différents pays a permis d’instaurer les fondements d’un droit commun des investissements, et une zone de coopération fondée sur une profonde solidarité . Ceci devait se faire, à travers la reconnaissance de la liberté de circulation des capitaux dans le traité du 12 mai 1962 instituant l’UMOA qu’ils s’étaient engagés à transformer en Union Économique et Monétaire Ouest-Africaine . Au fil du temps, le développement du droit communautaire en Afrique de l’Ouest a évolué et couvert un large champ qui s’étend désormais aux investissements . Les enjeux du Droit International des Investissements, en raison des exigences de la mondialisation des économies, ont contraint les États de l’espace UEMOA, importateurs de capitaux, à faire converger leur réglementation des investissements afin de favoriser leur attractivité et d’en tirer le meilleur parti . La difficulté d’un tel objectif réside d’une part, dans la nécessité d’arriver à̀ concilier leurs intérêts avec ceux des investisseurs ; qui ne sont pas toujours convergents et d’autre part, soulèvent certaines questions concernant le choix des juridictions compétentes et du droit applicable aux conventions d’investissements. L’Union n’a pas dérogé aux standards internationaux de protection des investissements qui existent pour les garanties procédurales . Elle a reconnu la pertinence de l’arbitrage comme principal mode de règlement des différends tout en réaffirmant le principe de la compétence des juridictions nationales et communautaires. Dès lors, pour débattre « de la cohabitation des juridictions encadrant la résolution des conflits issus des investissements internationaux dans l’UEMOA » thème de l’étude que nous avons menée, nous avons suivi la démarche ci-après : Au Chapitre I, nous avons présenté l’UEMOA dans toute sa composante. Dans le Chapitre II, nous avons présenté les différents investissements au sein de l’UEMOA. Quant au Chapitre III, il a porté des éclairages sur l’arbitrage au sein de l’UEMOA, l’un des principaux modes de résolution des conflits issus des investissements internationaux et traite de certaines sentences arbitrales sur des cas de conflits entre États membres de l’Union et des investisseurs. Par ailleurs, le chapitre IV propose quelques analyses critiques sur la gestion des conflits. Enfin, le Chapitre V, fait état de nos analyses critiques et recommandations à l’effet d’apporter notre contribution pour l’amélioration de cette pratique importante et délicate pour l’Union. / The cultural traditions and the common history of the UEMOA member states have been key factors in bringing them together in various fields. Indeed, the common currency of these different countries has made it possible to establish the foundations of a common investment law, and an area of cooperation based on deep solidarity. This was to be done, through the recognition of the freedom of movement of capital in the treaty of May 12, 1962 establishing the UEMOA which they had undertaken to transform into the West African Economic and Monetary Union. Over time, the development of community law in West Africa has evolved and covered a large field which now extends to and covered to investment. The challenges of International Investment Law, due to the requirements of the globalization of economies, have forced the WAEMU States, importers of capital, to converge their investment regulations in order to promote their attractiveness and draw better. The difficulty of such an objective lies, on the one hand, in the need to manage to reconcile their interests with those of investors ; which are not always convergent and on the other hand, raise certain questions concerning the choice of competent courts and the law applicable to investment agreements. The Union has not departed from the international investment protection standards that exist for procedural guarantees. It recognized the relevance of arbitration as a means of settling disputes while reaffirming the principle of the jurisdiction of national and Community courts. Therefore, to debate "the cohabitation of the jurisdictions framing the arbitration of conflicts arising from international investments in the UEMOA" theme of the study that we conducted, we followed the following approach : vi In Chapter I, we presented UEMOA in its entire component. In Chapter II, we presented the various investments within the UEMOA. As for Chapter III, it shed light on arbitration within the UEMOA and deals with certain arbitral awards on cases of conflicts between Member States of the Union and investors. In addition, Chapter IV offers some critical analyzes on conflict management. Finally, Chapter V presents our critical analyzes and recommendations to make our contribution to the improvement of this important and delicate practice for the Union.

The Cyprus problem has now been an ongoing dispute for 40 some years. The two main ethnic communities, Greek Cypriot and Turkish Cypriot, has since the unrest following independence in 1960, been separated both in space and mind. A military coup, supported by Greece, followed by a Turkish invasion, caused a violent division of the island in 1974, a division that remains today. The UN has facilitated dialog and negotiation between the communities since the establishment of UNFICYP in 1964.The objective of this study is to identify whether the parties have been and are aiming for long-term or short-term perspectives in negotiation. With the help of the theoretical framework of Conflict transformation, resolution and management the study aim to answer the question – What signs of conflict transformation could be identified within the high level peace negotiation process in Cyprus?The study will be done through a process tracing case study of the peace negotiations in the Cyprus conflict. The study aims at depicting the negotiation process from 1974 and onwards. This by exploring UN position papers, resolutions and reports together with descriptions and statements from the negotiating parties.The study found that the phases of negotiation have differed considerably over time and that a general shift from conflict management to conflict transformation did appear.

"The Organisation of African Unity (OAU), in spite of its commitments to human rights, failed to develop its institutions for conflict resolution and thus address the problem of massive and grave human rights violations that occurred as a result of conflicts. The OAU failed to actively engage the African Commission, which was established to promote and protect human rights, in addressing any of the conflicts in Africa. The OAU also failed to take action on the reports of the African Commission, in which the Commission had highlighted cases of massive and grave violations of human rights occasioned from conflicts. Consequently, most of the conflicts in Africa have not been fully resolved and there are still instances of sporadic outbreaks of violent conflicts with fatal consequences. The African Union (AU) improves upon the commitment of the OAU to human rights and conflict resolution by incorporating human rights norms into its Constitutive Act and the establishment of the Peace and Security Council of the African Union (AUPSC). However, the AU is yet to demonstrate its real commitment to human rights and conflict resolution particularly in taking action on reports of violations of human rights occurring as a result of conflicts. ... This thesis is composed of five chapters. This first chapter provides a general introduction to the thesis and outlines its structure. Chapter two looks at the relationship between human rights and conflict resolution and examines some of the tensions that exist between the two fields in terms of their normative standards, objectives and strategies. The third chapter then looks at the mechanisms for conflict resolution in Africa under the OAU, manely the Commission of Mediation, Conciliation and Arbitration (CMCA) and the Mechanism for Conflict Prevention, Management and Resolution (MCPMR), their successes and failures and the lessons that can be drawn from their performance and also discusses the role of the African Commission in conflict resolution. Chapter four discusses the AUPSC, its structure, powers, organisaton and performance so far. Chapter five covers the conclusions and recommendations of the study." -- Introduction. / Thesis (LLM (Human Rights and Democratisation in Africa)) -- University of Pretoria, 2004. / Prepared under the supervision of Dr. Enid Hill at the Department of Political Science, School of Humanities and Social Sciences, American University in Cairo, Egypt / http://www.chr.up.ac.za/academic_pro/llm1/llm1.html / Centre for Human Rights / LLM

The main aim of the master thesis titled "Syria and the concept responsibility to assist: new approach towards conflict resolution?" is to find out whether the extension of the doctrine of responsibility to protect by the concept of responsibility to assist that is based on the support of nonviolent movements could work as a new approach towards conflict resolution and thanks to this it could constitute another way of international assistance and civilian protection in cases when it is the regime that perpetrates the violence against its own population. For this reason the thesis, via the Syrian civil war that offers wide range of internal responses to the violence perpetrated by the regime against civilians, focuses on three different forms of international involvement and assistance. These are the international military intervention under the third pillar of R2P, the backing of domestic violent groups and insurgents and last but not least the assistance to nonviolent movements and civil initiatives in the form of R2A as a potential expansion of the second pillar under the R2P doctrine. These approaches are analyzed with regard to the issues of state sovereignty and moral responsibility to protect civilians that arises from the inconsistency of these two aspects in relation to any kind of...

Syftet med arbete är att undersöka hur pedagoger arbetar med barns konflikter med andra barn där frågeställningarna är följande: Hur berättar pedagogerna utifrån sina erfarenheter om sin hantering av barns konflikter? samt Hur görs barnen delaktiga i konflikthanteringen enligt intervjupersonernas berättelser? Den teoretiska utgångspunkten i studien är socialkonstruktionismen, där språket ses som en social handling där vår verklighet är socialt konstruerad och utvecklas i sociala interaktioner med andra, samt det sociokulturella perspektivet. Insamlingen av empiri skedde i form av intervjuer med 4 pedagoger. Resultatet är uppdelat i två teman som lyder: Verbal kommunikation och Icke-verbal kommunikation. Slutsatsen i studien är att pedagoger ofta vill stötta och hjälpa barnen i konflikthanteringen genom att prata med dem och lyfta fram problemet tillsammans. Men också att vid enstaka fall så använder pedagoger strategiersom separerar eller distraherar barnen när de riskerar att skada sig. Det kan även dras slutsatsen att barn gör delaktiga i konflikthanteringen genom att pedagoger ger barnen möjligheten att framföra sina tankar, känslor och perspektiv på konfliktsituationer. / The purpose of this study is to acknowledge educators’ conflict resolutions strategies in children’s conflicts with other children. The questions at issue are the following: Based on their experiences, how do educators tell about their handling of children's conflicts? and How are children made involved in conflict management through the interviewers’ stories? The theoretical framework of this study is social constructionism, where language is seen as a social act and our reality is socially constructed in interactions with others, as well as the sociocultural perspective where human social experiences is formed in the reality that we are living in. The data in this study was collectedthrough interviews. The results are divided into three themes wish are the following: verbal communication, stop the conflict and non-verbal communication. The conclusion of this study is that educators more often want to scaffold children through cooperative strategies. But in some cases, educators need to use cessation strategies when children are at risk. There is also the conclusion that children are given the ability to be involved in conflict resolution when educators give them the ability to bring forth their own perspective during conflicts.

The thesis deals with the question of Egypt's role of a biased mediator towards the Palestinian side in the Israeli-Palestinian conflict, and its stabilising effects on the region in the form of a case study applying the theory of a biased mediator in conflict resolution on the Egyptian example. In addition to this, the goal of this thesis is to demonstrate the beneficial effects of different forms of mediation activities and their combination, including biased and neutral mediation, in the transformation of intractable and protracted conflicts into their tractable form, using the example of the Israeli-Palestinian conflict. The identification of Egypt's positive role in contributing to the resolving of the Israeli-Palestinian conflict, of which it was once a warrying party, portrays the transformational capacity of conflicts. The thesis also highlights Egypt's potential in moderating extremist trends in the region, also through the successful mediation efforts in the inter-palestinian conflict involving the Fatah and Hamas movements, contributed to by Egypt's changing position in the region, her historical role in the Israeli-Palestinian conflict and her strategic and security concerns in the region.

This master thesis deals with past mediation attempts of Turkey to solve the Israeli- Palestinian conflict and with the potential of future Turkish mediation in the Israeli-Palestinian conflict. The Israeli-Palestinian conflict have been for several decades one of the biggest problems for the international security, therefore, analysing possible solutions is very important. Turkey is an actor with a special position, because it is a regional power with ties both to Islamic culture and to the West. That is why it has in theory a potential to play successful mediation role in this conflict. In this thesis, we will evaluate Turkey's existing role and after that, we will analyse the future potential with the help of the mediation conceptual framework that is described in the scholarly literature on conflict resolution and conflict management. Our research questions are: Can Turkey play a successful mediator role in the future? If yes, what conditions have to take place? Turkey tries to play a role in this conflict since the early 1990s and despite the fact that there has been a disruption of the diplomatic relations between Israel and Turkey, it is very likely that in the future a normalization will occur. If that happes, can Turkey broker peace?

Master thesis "Strategy of Armenia-Azerbaijan conflict resolution by participating states and key external actors"deals with the conflict between Armenia and Azerbaijan, in the center of which lies the dispute about the Nagorno Karabakh. Using qualitative analysis of grand strategy of Armenia and Azerbaijan and grand strategies of key regional and external stakeholders it uncovers interests, objectives and postures of the players in their strategic environment. On the basis of comprehensive analysis of the grand strategies I assess their effectiveness in relation to fulfillment of the state's goals and also the role, which conflict between Armenia and Azerbaijan plays in their strategy. In theoretical part I present short overview of the evolution of the concept of grand strategy and also operationalization of assessment of the strategies. In the second chapter I describe the historical background of south Caucasus, which is crucial for understanding of the conflictive nature of some interstate states in the region. In the third chapter I analyze grand strategies of Armenia, Azerbaijan, Iran, Turkey, Russia, USA and EU. In the last chapter I summarize the effectiveness and relevance of chosen strategies.

Since the dissolution of the Soviet Union, the two de-facto regimes of Abkhazia and South Ossetia have fought actively for their independence from Georgia and international recognition, until the conflict in the Southern Caucasus has reached a frozen status quo in 2008. To maintain peace in the region and to ultimately achieve a resolution of the conflict, the European Union (EU) has become actively involved as an external mediator and has introduced several bilateral agreements and monitoring measures. In this thesis, the EU’s conflict resolution mechanisms towards the territorial and political conflict in Georgia are evaluated through an input-output analysis to answer to which extent these measures are effective or not. Obstacles like identarian differences between the conflicting parties have to be considered, and political, as well as economic motivations for bigger actors, that hinder this process. The result of the evaluation is that in the field of conflict prevention, the EU’s measures and implemented policies are contributing effectively, while the active promotion of conflict transformation or conflict settlement is only achieved to a small degree, and is not effective within the current approach.

It has been the desire of the ANC government ever since it came to power in 1994 to develop a unity of purpose and spirit that cherishes and celebrates the diverse nature of the South African population in terms of culture, language and religion and to transform existing inequalities that are deep-rooted in South African educational history and religion in particular. In order to satisfy this desire, a whole plethora of legislation and policies was developed. Amongst the developments entailed in these laws and policies were religious rights and freedoms guaranteed to all South Africans as well as the establishment of democratic structures vested with powers to govern schools while school principals manage them. In terms of education legislation, one of the functions of the governing body of a school is to develop and adopt a school policy on religion (as per the study) which is accordingly implemented by the school principal. It is in the policy implementation stage that the school principal is expected to play a mediating role and resolve possible conflicts erupting due to different religious interestThis study is based on the assumption that the management and leadership training they received and the position they hold as school managers and leaders, enabled participating school principals to mediate the implementation of new religion policies. The research question driving this study was “How do school principals deal with implementation of the National Policy on Religion and Education in schools?” Informed by this question the focus of the study was to explore “how principals describe and experience their mediating role in implementing the religion policy within an existing religious context in schools”. Following a qualitative research approach a phenomenological research design was employed in order to understand and describe the meaning of the lived, felt and narrated experiences of school principals. Data were collected by means of narrative interviews where twelve school principals pursuing postgraduate studies with the University of Pretoria and who have been in education for at least ten years, told their religion in education stories. These stories were subsequently transcribed, analysed and interpreted to determine the impact of principals’ past religious experiences and their management training on their implementation of religion policies at their schools. This study found that in dealing with the National Policy on Religion and Policy (2003) implementation in schools, participating principals ignore the policy in preference of maintaining the status quo. When faced with conflicts related to religious interests, they partially sub-contracted into the policy. They did not seem to consider transformative mediation as a possible leadership strategy for conflict resolution in the existing religious context of schools. The study also found that amongst these principals, there were those who displayed a confident attitude, values of openness, generosity and integrity and had used their past religious experiences to transform the quality of conflict interaction in schools. My recommendation in this regard would therefore be threefold. One, Higher Education Institutions should provide appropriate training by introducing suitable courses that will yield adequate knowledge, skills and opportunities for professional attitude, value attainment and determination for continuous learning and development to principals as key change agents. Two, there is a need for these organizations to re-evaluate and re-organise existing courses for better recognition of transformative mediation as a leadership strategy to conflict resolution in schools. The provincial departments of education need to provide appropriate training for prospective principals as part of professional development programmes to address the essential needs pertaining to policy implementation that could create conflict in schools. Training in mediation of conflict would therefore be essential. / Thesis (PhD)--University of Pretoria, 2013. / gm2013 / Education Management and Policy Studies / unrestricted