Principled negotiation and mediation in the international arena : talking with evil / Paul J. Zwier, Emory University, School of Law.
2013
KZ6010 .Z95 2013 (Map It)
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Details
Title
Principled negotiation and mediation in the international arena : talking with evil / Paul J. Zwier, Emory University, School of Law.
Published
Cambridge : Cambridge University Press, 2013.
Copyright
©2013
Call Number
KZ6010 .Z95 2013
ISBN
9781107026872 (hardback)
1107026873 (hardback)
1107026873 (hardback)
Description
xix, 446 pages : maps ; 24 cm
System Control No.
(OCoLC)815835807
Bibliography, etc. Note
Includes bibliographical references and index.
Record Appears in
Table of Contents
Preface
ix
Acknowledgments
xvii
1.
Language and Strategy
1
How Did We Come to Call Nations Evil? The Politics of Being Different
8
What Can Understanding the Role of a Neutral Mediator Contribute to the Effectiveness of Politicians Who Lead Foreign Policy?
25
A Renewed Emphasis on Problem Solving
37
The Evolution of Principled Pragmatism in Legal Negotiation and Mediation
39
When Lawyer, Military, and Business Dispute Resolution Strategy Converge: Can a Principled Pragmatic Strategy Form the Basis for an NGO Mediator to Mediate International Disputes?
48
Can a Principled Mediator Teach Disputants How to Come Up with a Pragmatic Strategy to which Both Parties Will Agree and Implement?
61
Conclusion
65
2.
Why Do the Kids Fight about Their Inheritance? Middle East Family Feuds and the Language of Problem Solving
67
The Importance of Winning
69
Peacemaking Is Personal
72
Listening for Understanding
78
The Way Israel Sees It
78
The Way Palestinians See It
84
Palestinians Who Stayed
86
Security Motivated Theft
87
The Gaza Strip: Concession without Reason [–] Weakness or Strength?
93
Palestinians' View of Gaza Incursion
95
The Need to Get Back to the Basics
96
Turning from Position Bargaining to Problem Solving
98
Small Steps before Big Steps
99
Who Can Speak for the Parties?
103
The Big Three: Jerusalem, Settlements, and the Two-State Solution
108
Monitoring Solutions
111
Putting an End to Counterproductive Behavior
112
The Shadow of International Law
113
International Human Rights Law
117
Alternatives and Consequences
122
Breaking the Downward Spiral [–] Using History and Mixing Position Bargaining and Problem Solving
124
Past Concessions Are Future Starting Points
128
Hasn't This Been Tried Before?
136
Why Go Down This Road?
138
Conclusion
142
3.
North Korea and Nuclear Arms: A Matter of Personal Respect
144
Can the United States Avoid Blaming Son for Father's Acts as Head of State
149
Taking Lessons from Carter and 1994: Empathy First
153
Diplomacy and Religion
154
The Carter Example
162
Talking Tough Has Not Worked
170
U.S. Principles
174
What Triggered the Use of a Nongovernmental Mediator?
176
Six-Party Talks
182
Considering the Options: A Just War Analysis
187
Diplomatic Engagement: Developing Political Policies with Respect to East Asia
195
Principled Pragmatism: Human Rights Violations in North Korea
197
The False Dilemma and Zero-Sum Bargaining
200
Preventive Diplomacy to Transformative Diplomacy
205
4.
How to Stop the Bickering before War Breaks Out: Bolivia, Chile, and Peru
217
A Matter of Jurisprudence
222
Bolivia's Perspective
224
Bolivia's Border and Access to the Sea
226
Chile and Peru after Independence
230
The Allende Regime
233
Pinochet Government
234
Chilean Civilian Rule Restored
236
The History of Border Dispute Negotiations between the Parties
238
The Law
251
Current State of the Peru/Chile Conflict
255
Compromise Arrangements
257
Recognizing the Nature of the Problem
259
Three Problem-Solving Options
262
Corridor Solutions
264
Territorial Cessions or Exchanges
265
Principled Pragmatic Strategy in the Current Environment
268
Conclusion
271
5.
First Things First in Africa: Sudan and Uganda Bringing the Parties to the Table
273
Issues Faced in Mediation
289
The Comprehensive Peace Agreement: A Lead-Up to Independence
297
The Indictment of Joseph Kony
302
Comparing Policy toward Bashir and Kony
312
Conclusion
317
6.
Rule-of-Law Development after the
2007
Post-Election Violence in Kenya
321
Kofi Annan and the United Nations
327
Kenya Hybrid Court?
330
Taking a Prosecutor's View
333
Let the ICC Handle It
334
Was the Best Option to Do Nothing?
338
Land Reform Expertise
340
Leaving It to the Kenyans to Sort It Out for Themselves
343
The Truth and Reconciliation Option
349
Integrating State Department Diplomacy and U.S. Aid
354
Conclusion
364
7.
Human Rights for Women in Liberia (and West Africa): Integrating Formal and Informal Rule-of-Law Reforms
367
Introduction
367
A Brief History of Liberia
376
Examining Causes of GBV in Liberia
388
The Nature of Human Rights for Women
392
Current Jurisprudence
392
Epistemological Problems with Scientific Naturalism
395
"Religious" Experience as Warranting Belief in Human Rights for Women
405
Using Religion to Justify Human Rights for Women
409
Principles for Intervention about Human Nature, Liberal Democracy, and the Rule of Law
415
Particular Rule-of-Law Challenges
418
ADR and International Human Rights for Women
422
Distinguishing Customary Law and Traditional Practices in Liberia
422
Some Modest Proposals for Using Paralegals as Mediators
426
Conclusion
431
Conclusion
433
Index
441