Cette thèse s’appuie principalement sur les outils de l’analyse conversationnelle et de la linguistique pragmatique appliqués à l’oeuvre dramatique de Bernard-Marie Koltès dans le but de rendre compte du fonctionnement des conflits discursifs. À travers les scènes de disputes, Koltès crée son propre style dramaturgique qui lui permet de produire à l’écrit un discours appartenant à première vue au registre oral. Le dramaturge véhicule ainsi sa vision du monde et des relations interpersonnelles fondées sur l’incompréhension, l’exclusion et l’omniprésence des conflits. Les dialogues koltésiens sont truffés de disputes révélant de multiples tactiques visant à mettre l’adversaire en K.O. symbolique. La dispute, discours riche, complexe et impliquant diverses activités langagières et non langagières, conjugué avec la parole koltésienne, devient une arme, une machine de guerre au service d’une lutte verbale dont l’objectif est en fait l’anéantissement de l’Autre / Applying the tools of conversation analysis and pragmatic linguistics to Koltès’s works, this thesis aims at deciphering the functioning of discursive conflicts. In scenes where protagonists argue, Koltès creates his own drama style, which allows him to transfer into writing a type of speech which appears, at first glance, to be purely oral. The playwright thus conveys his vision of the world and of human relationships, built as they are on misunderstanding, exclusion and constant conflicts. The dialogues in Koltès’s drama are filled with arguments that reveal various tactics to reach the symbolical knock-out of the adversary. The argument, a multi-facetted and complex discourse, implies diverse linguistic and non-linguistic acts. Within Koltesian speech, argument become real war weapons, at the service of a verbal fight whose objective is the annihilation of the Other.

This minor dissertation deals with the question of whether there is a potential for mediation in relation to the resolution of conflicts concerning the crime of ecocide. First, the terminology and conceptuality are presented and an analysis of the situation regarding mediation in the solution of ecocide crimes is prepared. The potential of mediation for ecocide crimes is then discussed and clarified on the basis of the findings. The minor dissertation is based on the evaluation of relevant literature and the investigation of case studies (in particular mock trials). By doing so, the author aims to gain insights into how we can effectively combat ecocide and thus protect the environment – our very basis of life.

The title of this dissertation is "The development of concept of arbitrability - an international comparison". In this dissertation I will compare the approach towards arbitrability in Germany, the United States of America and South Africa and how it developed until today. I will further give a brief overview of arbitrability in Europe and Africa. I will start by giving a brief introduction of arbitration and the definitions of objective and subjective arbitrability. In this dissertation I will only compare the development of objective arbitration. For every country I will first discuss the respective provision in the arbitration act and then discuss certain subject matters, which need further considerations. Arbitrability of some subject matters developed in a particular way either in legislation or jurisprudence, which need further explanation and some are handled in a separate statute. The term objective arbitrability describes the capacity of a subject matter to be resolves in arbitration. In former times arbitration was not seen as an appropriate alternative to jurisdiction and often prohibited. This changed over the past decades, which I will outline. In most countries in Europe and in the United States are close to no boundaries of arbitration anymore. African countries still have more restrictions, but also take a more liberal stand. Particular attention is amongst others brought to the following subject matters: intellectual property, antitrust, insolvency, family matters, labour law and consumer protection. In the United States and in South Africa subject matters which concerned public policy or involved public interests, such as antitrust, were restricted from arbitration for longer. This changed when legislators and jurisdiction gained trust in arbitral tribunals and statues and sets of rules for the conduction of arbitration were established. I will conclude that the general development to a greater scope of arbitrability is a welcomed progression. In the conclusion I will discuss the arbitrability of disputes involving public authority, family disputes and consumer and employers. In these areas arbitrability still needs further development.

Includes bibliographical references / This work is dedicated in the first instance to the necessity of insolvency proceedings for municipalities as territorial entities. Therefore, the current debate on insolvency proceedings for states is presented briefly in an introductory overview to introduce the debate that insolvency proceedings for territorial entities has reached all levels of government worldwide. This is followed by examples of historical experience with insolvency scenarios of states and local authorities to show that insolvency scenarios at all levels of government are part of reality, and that a procedural handling is possible, but also necessary. Based on this, the US-Chapter 9 procedure, perhaps the most well-known legal remedy for insolvent cities, and the most globally developed proceeding for municipal insolvencies, is taken closer into view. In the first step, the principles and mechanisms are pointed out. This is followed by a semantic preamble regarding the development of insolvency law and its public perception, a short discussion of the experience with the Chapter 9 process and last, but not least, a presentation of the key advantages of Chapter 9 proceedings. The goal is to convey that the Chapter 9 proceeding may serve as a useful tool and model for other countries to solve excessive indebtness of municipalities. As a result, in particular, the abstract possibilities and objectives of the procedure are considered.

As a dispute resolution service provider, the justice system ought to provide effective legal remedies to address the justice needs of people. Apart from having the capacity to provide the legal remedies, the system has to be accessible as well. In marital violence disputes, one of the general interests of both the State and the affected individual spouses is to prevent further abuse. Courts offer this remedy, among others, by imposing restraining orders, which are backed up by punitive threats. On the other hand, facilitative mechanisms of dispute resolution such as mediation do not have the power to impose punishment on contemptuous parties. However, facilitative dispute resolution processes encourage joint problem solving, which is desirable in maintaining a workable relationship between spouses. This research argues that in order to ensure optimum access to justice in marital violence disputes there is a need for a dispute resolution system that offers facilitative and advisory mechanisms of dispute resolution alongside court processes. However, in Malawi, rural citizens face the barriers of language and use of English law-orientated procedures when accessing courts. Furthermore, some customary law practices and statutory law provisions encourage the view that mediation in marital violence disputes precludes concurrent access to court remedies. This research explores the challenges which this current approach to marriage dispute resolution poses to women married under customary law. It answers the question whether the justice system, with its English law-orientated procedures and the tenet of mandatory mediation or reconciliation, offers appropriate and effective mechanisms of resolving marital violence disputes to women married under customary law.

The traditional repertoire of techniques available to mediators is well-suited to assisting negotiators in resolving their disputes where those negotiators are acting in a manner approximating axiomatic rational behaviour. These techniques rely on parties acting in this manner and effectively and accurately uncovering, processing and calculating all the necessary information to make decisions in maximising their utility. Behavioural-Economists have made great progress in illustrating that human beings do not follow these axioms when making economic-decisions and have identified a number of ways in which we predictably deviate from that expectation of behaviour. These deviations can have significant effects on negotiations and mediation. This disjuncture between expected and actual behaviour provides us with an opportunity for development of additional techniques which can supplement our existing mediation-tools where appropriate. In their practice, experienced mediators have had to respond to these unexpected behaviours and have developed their own strategies for doing so. This learned-knowledge represents a rich potential source of strategic knowledge. Through a series of interviews, these lessons were distilled and, encompassing a brief theoretical discussion, an overarching strategy for interventions in such circumstances was identified. This paper represents a modest attempt at addressing this disjuncture and it is submitted that further opportunities for development exist.

Dispute resolution plays an important role in industrial relations. This is because conflicts are an inherent part in any relationship and industrial relationships are not exempt from this. To this end it is important to have a dispute resolution system that ensures efficient and effective resolution of disputes that arise in the course of industrial relationships. Efficient and effective dispute resolution is particularly important in the industrial relations arena as industrial relations attract various stakeholders, some who may not necessarily be a part of the dispute that arises, but who might inadvertently be affected in the situation of an unresolved dispute. Traditionally litigation has been the most commonly utilized medium of resolution of industrial disputes, with disputants rather choosing to take the dispute to the courts of law for adjudication and determination. However with the advent of alternative means of dispute resolution such as negotiation, mediation and arbitration, it has become paramount that these alternative dispute resolution methods be promoted for the reasons of expediency and efficiency. Regardless of the advent of such methods of dispute resolution, courts have still exercised some form of control and oversight of the dispute processes, and such oversight can be easily misused to defeat the main intention of having the alternative dispute resolution processes in the first place. This thesis discusses reforming the approach to alternative dispute resolution in Kenyan industrial disputes, so as to achieve maximum efficiency of the system. In doing this, the thesis does a comparative analysis of the systems of South Africa and Australia respectively.

Includes bibliographical references / The South African labour market is, after the enactment of the Constitution of the Republic of South Africa and Bill of Rights, faced with the enormous challenge of limitations placed in the workplace to the constitutional guarantees. The limitations referred to are specific to the extent to which some institutions restrict the employee's rights to dignity, privacy and just administrative action. The perception of just administration questions evidence obtained by the use of lie detector (polygraph) tests comes under scrutiny as far as the admissibility and weight of such evidence is concerned. This research paper will recommend and conclude the following: 1. Constitutional guarantees are sacrosanct as enshrined in Sections 8(2),10,12,14,23,25. 39 2. In the absence of SA legislation the common law has developed to the level where the jurisprudence have accepted polygraph testing as admissible when certain conditions are met inter alia: Polygrapher must be registered and qualified; the consent of the employee must be given before test are conducted; the test are used to corroborate evidence such as for example circumstantial evidence. 3. The South African Qualification Authority development of unit standards is an indication of the acceptance of Polygraph testing in the South African Labour Law sphere. 4. The private sectors in South Africa are utilizing these tests in the absence of policies and procedures in the workplace, hence the need for directives, policies and procedures to guide against the abuse or misuse. 5. That polygraph testing have developed to a level of sufficient acceptance in the workplace.

Includes bibliographical references / The number of disputes solved through mediation has increased steadily over the last centuries. A mediation settlement agreement is supposed to end a dispute. But from time to time it can be the beginning of a new dispute. Parties to the mediation settlement agreement might want to get rid of it meanwhile the other party seeks for enforcement of the agreement. This minor dissertation examines the possibilities of the parties as to the questions of enforcing and setting aside of mediation settlement agreements in Germany and in international mediation. It furthermore deals with the attempts of international unification through the EU Directive 2008/52/EC and the proposed UNCITRAL Convention on International Commercial Mediation and Conciliation.

This paper discusses whether the disciplinary process in public high schools in South Africa achieves the purpose envisioned in the Schools Act. The purpose is to establish a disciplined schooling environment in which learners take responsibility for their behaviour and promote self-discipline. To establish positive discipline. However, according to research, the current disciplinary process has failed to teach learners about responsibility and self-discipline. This paper. through literature review, analyses the challenges in the current laws relating to school discipline. The first challenge is that the current disciplinary proceeding is retributive and adversarial. This is not in line with positive discipline. The second challenge is that suspensions are not in the best interest of the child. Thus, to address these challenges, consideration is given to the inclusion of peer mediation into the high school disciplinary process. Peer mediation has been successfully integrated in New Zealand and the United States and has resulted in an improved sense of responsibility and a positive school environment. Thus, it is argued that integrating peer mediation as a preliminary step in the high school disciplinary process would help teach learners responsibility and self-discipline.