This volume considers the application of dispute resolution theory and practice to international conflicts and explores the uses of formal processes such as diplomacy or treaty formation, as well as more informal processes such as multiple-track private negotiations or peace workshops. The volume also presents materials on more innovative forms of complex transnational or sub-national conflict resolution, such as transitional and restorative justice institutions and processes, both formal (truth and reconciliation commissions) and indigenous and informal (Rwandan gacaca). The articles are selected from both public and private international law settings and query whether universal principles of multi-national dispute resolution are possible or whether each conflict is likely to be sui generis or requiring deep contextual analysis and integrity. They also explore the dialogic, as well as dialectical, relationships in the development of conflict resolution theory and practice in multi-cultural and multi-disciplinary settings and show that the application of dispute resolution theories from multiple sources and cultures (both Western and Eastern, as well as Northern and Southern) to multiple sites of conflicts (including courts, tribunals and other forms of dispute resolution at different levels and from multiple jurisdictions) raises important dilemmas of universalism and particularism in international conflict resolution.
Table of Contents
Contents: Introduction; Part I Formal Dispute Resolution Processes: Negotiation, Mediation, Arbitration, Adjudication: Public and private international dispute resolution, Andrea Kupfer Schneider; Correspondences and contradictions in international and domestic conflict resolution: lessons from general theory and varied contexts, Carrie Menkel-Meadow; Diplomacy and domestic politics: the logic of two-level games, Robert D. Putnam; Special barrier No 2: culture, Jeswald W. Salacuse; Two paths to peace: contrasting George Mitchell in Northern Ireland with Richard Holbrooke in Bosnia-Herzegovina, Daniel Curran, James K. Sebenius and Michael Watkins; The timing of peace initiatives: hurting stalemates and ripe moments, William Zartman; Cultivating peace: a practitioner's view of deadly conflict and negotiation, John Paul Lederach; Merchants of law as moral entrepreneurs: constructing international justice out of the competition for transnational business disputes, Yves Dezalay and Bryant Garth; Getting along: the evolution of dispute resolution regimes in international trade organizations, Andrea Kupfer Schneider. Part II New Processes: Institutions, Informal and Hybrid Dispute Processes: The problem-solving workshop in conflict resolution, Herbert C. Kelman; Adjudicating in anarchy: an expressive theory of international dispute resolution, Tom Ginsburg and Richard H. McAdams; Restorative justice: what is it and does it work?, Carrie Menkel-Meadow; Accountability for atrocities: moving forward by looking backward, Jane Stromseth, David Wippman and Rosa Brooks; From Nuremberg, John Hagan; Rwandan Gacaca: an experiment in transitional justice, Maya Goldstein Bolocan. Part III Issues in New Forms of International and Transnational Dispute Resolution: Current illusions and delusions about conflict management - in Africa and elsewhere, Laura Nader and Elisabetta Grande; Between dialogue and decree: international review of national courts, Robert B. Ahdieh; Truth, memory a
Carrie Menkel-Meadow is Academic Co-Director and Professor of Law, Center for Transnational Legal Studies, and A.B. Chettle, Jr. Professor of Law, Dispute Resolution and Civil Procedure, Georgetown University, USA and Chancellor's Professor of Law, University of California, USA.