On the eve of the launch of the first round of multilateral negotiations within the framework of the new WTO system, the so-called Millennium Round---which may be officially opened by the Seattle Ministerial Conference on 30 November 1999---the review of the WTO dispute settlement system should deserve the attention of WTO Members as one of the most essential topics to be considered. / Within this context, this thesis raises the question whether the future developments of the WTO dispute settlement system could be influenced by the successful European model. / In an attempt to answer this question, this thesis first highlights the grounds on which the EC approach to the GATT dispute settlement system has changed so that the EC has finally become an active supporter for "judicialization" of the new system (Introductory Part). The impact of the new WTO dispute settlement system on the EC participation in its development is then analysed (Part I). Finally, the last part of this thesis focuses on the reasons of the EC success in order to conclude to its potential influence on the further developments of the WTO dispute settlement system (Part II).

Various characteristics of commercial space activities, such as their exceptionally rapid development, the special environment and legal framework in which they develop or the significant risks their participants are facing generate for the latter specific needs in terms of dispute settlement methods. / A systematic analysis of all existing mechanisms reveals that arbitration is and is likely to remain in the future the mode of settlement which is the most appropriate to the interests of the commercial space actors.

<p>State practice and literature suggest that devolution of power can address the main challenges of underdevelopment, internal conflict and abuse of centralised power in developing states. However, this thesis advances the argument that the design features of devolved government for these purposes are not always compatible. Accordingly, while there are complementary and neutral design features in the three designs, trade-offs have to be made between the unique design features in order to ensure the effective pursuit of the three purposes through a single system of devolved government. Kenya, the case study for this inquiry, confirms the international trend as its major challenges over the last 50 years have been underdevelopment, internal conflict and abuse of central power. As such, development, ethnic harmony, and the limiting of central power featured prominently throughout the entire constitutional review process as purposes to be pursued by means of devolution of power. To this end, the devolution of state power is one of the central elements of the current constitutional dispensation in Kenya. There are trade-offs made in Kenya‟s devolution design in order to accommodate the three purposes of devolution. However, the overall result has been that the emphasis falls on development at the expense of conflict resolution and limiting central power. Nevertheless, regardless of the trade-offs and nature of the final design, the design‟s effectiveness or lack thereof may depend very much on factors external to the design. Lack of political will to make devolution work can negate the effectiveness of even the most perfect design / by same token, political will could make an apparently bad design effective. In practice, therefore, effectiveness depends on an array of other context-specific factors.</p>

Environmental conflicts are multi-dimensional. Individual components of environmental and resource-related conflicts are closely interlinked with other structural societal elements, including economic, social, political and cultural developments. Coastal areas are significant for people’s subsistence, as well as industrial development, cultural heritage, and waterways; therefore, they require integrated research approaches and the implementation of comprehensive strategies of resource management, dispute resolution and conflict prevention. This qualitative exploratory study contributes to the development of the field of environmental conflict resolution (ECR) by examining the perceptions and experiences of 52 key stakeholders from the coastal areas of the Great Lakes region of Canada and the United States (US) with regards to environmental and resource conflicts and conflict resolution approaches. The study invited coastal stakeholders such as environmental policymakers, researchers, academics, educators and NGO members to share their perceptions, images, experiences and knowledge about environmental and resource conflicts and conflict resolution practices in the coastal areas of the Great Lakes. The framework of this holistic study integrates public policy, alternative dispute resolution, conflict analysis, project evaluation, dialogue and public participation, education and other creative interventions into an inclusive strategy of integrated environmental and resource management of coastal areas. Analysis of the study participants’ responses revealed several key findings. First, the multi-dimensional character of environmental and resource conflicts and the wide range of coastal stakeholders involved necessitate creating spaces for dialogue and communication among coastal stakeholders, which may facilitate relationship building and encourage collaborative problem solving and constructive conflict resolution. Second, establishing links between science and policymaking within environmental and resource management, as well as introducing conflict resolution education for coastal stakeholders, may significantly enhance the capacity of coastal stakeholders in ECR. Third, coastal stakeholders in the Great Lakes have an extensive and wide-ranging existing local knowledge, experience and expertise in resolving environmental and resource conflicts. Fourth, a conflict resolution system’s design developed in this study may serve as an integrated framework for the analysis and resolution of environmental and resource conflicts. This ECR system design involves such important components as conducting conflict and stakeholder analysis; identifying the root causes of conflict; bringing conflict participants together to discuss resolution options; and building in continuous evaluation of environmental conflict resolution processes.

The purpose of the study was to assess the impact of structural violence and the spread of HIV/AIDS among women and girls in Bulawayo. It is noted that the spread of HIV/ AIDS is high among women and girls in Bulawayo, similarly to the rest of the world. There have been a number of studies that were carried out seeking to find out what causes the spread among women, but it seems as if there has not been a substantial solution to the problem, as the rate of infection is still escalating. There has not been much work done in connection with the causes of the spread of HIV/AIDS among in Bulawayo. A qualitative method of collecting data was used; these are structured individual interviews and focus group interviews. An interview guide was designed for individual interviews, who were informants in the city working directly with affected and infected women. To complement the interviews, focus groups interviews were held with two groups of people, “Touch the Hem” (HIV) support groups and a group of commercial sex workers in the city. An interview guide was also designed for the focus group interview, based on issues that needed clarity and verification from the individual interviews. Permission was granted by individuals involved and ethical considerations of conducting the study were carefully considered. The findings of the study indicated that the spread of HIV among women is caused by high levels of concurrent sexual partners, early sex by girls with older men who are already infected with HIV, gender imbalances, commercial sex work, domestic violence, imbalances in sexual relationships, lack of health information and poverty. It was indicated by the findings of this study that some of these causes have links with structural violence. It is recommended that both men and women should be educated on health and HIV related issues, and that exploitative and unjust, cultural, political and socioeconomic structural systems should be eradicated in order to establish positive peace. / Thesis (M.Com.)-University of KwaZulu-Natal, Westville, 2009. / HEARD Division.

Using Northern Ireland this study seeks to establish what conditions on the ground must be cultivated in order for this ripe moment to come to pass. This thesis argued that five conditions in particular were necessary, though not necessarily sufficient, for the success of the Belfast Agreement. These five conditions (1) the inclusivity of the negotiation process, (2) efforts to foster positive cross community contact, (3) the positive involvement of external ethno-guarantors(EEGs), (4) the involvement of formal international primary mediators, and (5) the use of targeted economic aid. What emerged was that when taken together, these conditions created the pillars upon which a more stable agreement was reached. What is also important is that none of these conditions are short term investments; they all involved a long term commitment to peacebuilding that began long before the official negotiations of the BA.

ABSTRACT Paths Towards Reconciliation in the Workplace: Exploring the Aboriginal Cultures Awareness Workshop Educational workplace initiatives to address social inequality are widely used within organizations. In the past, these workplace workshops have varied in their underlying philosophical perspectives - with goals ranging from maintaining the status quo to promoting social change. Workshop curriculum grounded in the contact hypothesis have drawn from such diverse fields as social psychology, organizational theory, feminist viewpoints, critical theory, liberatory educational philosophy, conflict resolution and Indigenous approaches. The research to date on the efficacy of these various types of workplace educational programs have been mixed. For the past ten years, the Winnipeg Regional Health Authority has offered the Aboriginal Cultures Awareness Workshop to its health care employees in hopes of addressing the differential medical care received by their Aboriginal patients. This mixed methods research project focused on the perceptions of key stakeholders and workshop participants on the most helpful, and least helpful aspects of the Aboriginal Cultures Awareness Workshop. The findings point towards a conceptual framework on the conditions needed within educational workplace initiatives that can create paths toward reconciliation between different identity groups. Addressing the need for accurate information and developing empathy within an atmosphere of joyful humour that is supported by the circle were the key findings in this research project. Specifically, the findings that informed this conceptual framework included the importance of learning about Aboriginal history from an Aboriginal perspective, the power of storytelling to bridge the divide between different identity groups, how the appropriate use of humour can both ease tension, but also be used to challenge intolerant ideas and finally, the power of sharing circles to create safety and allow for dialogue. Drawing on the contributions of the diverse fields that have historically informed these types of workplace educational programs, this research project integrated the field of peace and conflict studies, and Indigenous perspectives to make a number of recommendations for future workplace educational programs.

The focus of this thesis has been on the identification of the primary conditions that attract or deter multilateral interventions into internal conflicts in the Asia Pacific region. This thesis develops a framework which is applied to four cases of internal conflict to see what roles twenty-two structural and perceptual conditions have played in determining why multilateral intervention was initiated in two of the cases, and why multilateral intervention failed to be initiated in the other two cases. The research found that multilateral organizations will accept risks and costs associated with intervention if certain structural and perceptual conditions make intervention an attractive option. These conditions are, a favourable or significant international environment or international event(s), the consent of a sovereign state (even if it is induced), sustained and critical regional and international media coverage, a complete collapse of the state in conflict tainting it with the term 'failed state', a high probability of success, potential economic benefits, a humanitarian crisis (in respect of Unregulated Population Movements and genocide/politicide), the possibility of a clear exit strategy, and a self-interested Member State who can greatly subsidize an intervention. Multilateral non-interventions, on the contrary, are driven by a combination of a lack of sustained and critically analyzed media coverage on conflict issues and consequences, generally positive tactics and strategies adopted by disputants, conflicts of a long duration, the international environment, economic factors unfavourable to intervention, resistance levels to intervention or a failure to call for intervention, lack of any clear exit points, and an escalation phase. The importance of these conditions suggest that multilateral organizations are reluctant to take risks and costs when political will, for the collective and self, are not provoked. Consequently, particular structural and perceptual conditions trigger or influence political will. The analysis of four case studies (East Timor, Solomon Islands, Philippines (Moros), and West Papua) concludes that multilateral interventions will be the exception to the rule in the foreseeable future given the obvious selection bias evident in these policies, and the project questions the ad hoc determinants of current multilateral intervention policies.

The intensification of Canadian amerindian self-determination movements, combined with the recent publication of a series of government reports detailing the mistreatment of amerindians in the Canadian criminal legal system, has placed the creation of separate, amerindian criminal legal systems at the centre of many self-determination campaigns. As alternatives to involvement in the Canadian legal system, many of these proposed alternative structures purport to embody a return to traditional modes of dispute resolution which are offered as both rationale and blueprint for their modern counterparts. Focusing upon proposals for a separate, traditional legal system offered by two groups within the Kahnawake Mohawk Nation of Quebec, the dissertation juxtaposes these proposals with the traditions of dispute resolution extant in the period of initial contact between Iroquois and European. The early traditional lifestyle of the Kahnawake Mohawks is examined, as is the chronicle of contact and acculturation which eroded their original traditional structures. Replete with gaps, the documented history and "legal traditions" of these Mohawks are revealed to differ significantly from those histories postulated by the competing factions, each of which adopts a history which reinforces both its own position on "legal traditions" and in the proposed "post-internal colonial" context. To the degree that these histories and the "traditions" they legitimate and empower are consciously manufactured, their legitmacy in the eyes of Kahnawake people and the Canadian state is diminished. Concentrating upon what appears to be a consciously manufactured, rather than genuine, link between the "old" and "new" traditions, the proposed traditional legal systems are examined through Hobsbawm's theory of the invention of tradition. This examination leads to the conclusion that, while these "traditional systems" and their supporting histories do contain some invented elements and may thus be criticised as invented rather than genuine, such invention need not constitute a fatal compromise to the integrity of the modern traditional legal form nor to the self-determination aspirations of their proponents.

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