Search results

Two trends mark the contemporary international scholarship on conflict and resolution. The scholarship on conflict has begun to look systematically at intra-state conflicts and track the role of non-state actors, along with the more established trend of analysing inter-state conflict. Conflict resolution has also moved beyond looking at states and national and global-level NGOs to the role of local, non-state actors in preventing and/or minimising conflict. While the “mainstream” scholarly work emphasises a linear process of reaching resolutions in the aftermath of a conflict (e.g. Burton, 1990; Galtung, 1965), a range of “related” scholarship has begun to focus on factors that prevent conflict and their rapid diffusion over wider areas, as well as factors that contribute to longer term, peaceful, resolution (e.g. Das, Kleinman, Lock, Ramphele, & Reynolds, 2001; Sabet, 1998; Varshney, 2001). These related literature look beyond political solutions such as conflict management, boundary adjustments, and treaties, and the role of international and national formal bodies to resolve and manage conflict; their emphasis is on conflict prevention, the healing of conflict victims, and building and sustaining peace. With the recognition, in the 21st century, of the escalating production and spread of weaponry, the power of non-state actors to generate significant conflict, as well as the rapidly growing proportion of people who suffer from and cope with the aftermath of such conflict, the expanded frames for understanding conflict and resolution, requires further attention.

This paper assesses how a social movement organization strategically framed its actions to simultaneously gain the support of multiple, diverse constituencies. The challenges associated with creating meaning and mobilizing potential partisans during the Indians of All Tribes (IAT) occupation of Alcatraz Island from November 1969 to June 1971 are examined through a qualitative analysis of movement-created texts. The IAT used a trio of distinct approaches to communicate with and gain the support of Native Americans and whites. Through inflection the IAT explained why they seized the island, emphasizing themes such as decolonization, democracy, and the importance of taking action. Through direction the IAT encouraged whites to write letters, sign petitions, and make donations while calling for a deeper engagement by Native Americans in the land seizure. Through deflection the IAT recounted normative stories to discourage whites and “wannabes” who failed to heed the organization's other directions about how best to participate in the takeover. These three framing processes build upon and extend social movement framing theory by complicating conceptualizations of allies and underscoring how movements seek distinct types of support from different adherents.

On December 31, 2018, the White Earth Reservation Business Committee, or tribal council, passed Resolution Number 001-19-009 recognizing the inherent rights of wild rice. The resolution also includes a regulation entitled “Rights of Manoomin,” meaning the regulation is enforceable under tribal law (White Earth Reservation Business Committee, 2019, pp. 19–21). The Rights of Manoomin lays out the legal protections afforded to wild rice under the resolution. The Reservation Business Committee passed Resolution Number 001-19-010 the same day to support the previous resolution (White Earth Reservation Business Committee, 2019, pp. 22–26). The resolution to recognize the inherent rights of wild rice is part of a larger international movement to recognize the rights of nature (Bouayad, 2020, pp. 39–40). However, the case of the White Earth Anishinaabeg (pl.) and wild rice is different for two reasons. First, the Rights of Manoomin regulation is the first to recognize the inherent rights of a plant (LaDuke, 2019). Second, the resolution claims protection for wild rice in all the territories the Anishinaabeg ceded under the 1867 treaty with the United States government that established the reservation. In this paper, I will argue that the importance of wild rice to the Anishinaabeg and the threats it is currently under served as an impetus for the White Earth Reservation Business Committee to pass the resolutions in question.

Purpose – The chapter seeks to contribute to the discourse concerning the United Nations Security Council's role in strengthening a rules-based international system and maintaining international peace and security under the rule of law. Its particular purpose is to examine the Security Council's Al-Qaida and Taliban sanctions regime (1267 regime) from a rule of law and due process perspective.

Methodology – To this end, the chapter reviews the 1267 regime's controversial listing and de-listing procedure and identifies shortcomings in relation to traditional due process guarantees. It then discusses reform options available to the Security Council as far as forms and modalities of an effective review mechanism are concerned.

Findings – The chapter has two main findings. First, it concludes that the ‘individualisation’ of Security Council sanctions in terms of targeting individuals directly has not been accompanied by the creation of a means for the new targets to appeal the measures imposed on them. Second, it finds that a lack of political will has so far prevented comprehensive reform of the 1267 regime but that such reform is becoming increasingly urgent. The chapter suggests that reform initiatives need to address the value, effectiveness and sustainability of the 1267 regime more broadly. The Security Council, in particular, needs to consider what it is prepared to give up to maintain the 1267 regime as an effective UN sanctions regime, or whether it is prepared to give up the 1267 regime to maintain the authority it interprets to have from the UN Charter.

The basis of the analysis carried out in this part of the work was the normative and advisory sources included in the system of Russian law in the sphere of corporate conflicts regulation.

For the purpose of a comprehensive study of the existing norms and the definition of promising trends in their development, the provisions of policy acts of a strategic nature, such as the concept of development of the legislation of the Russian Federation for the period 2008–2011 and the concept of 2016 to improve the legislation of the Russian Federation for the period up to 2021 were studied.

The study examined the provisions of industry-specific codified acts of both regulatory and advisory nature, such as the civil code of the Russian Federation, the code of corporate conduct (now invalid), and the code of corporate governance, approved by the Board of Directors of the Central Bank of Russia from April 10, 2014.

Among the special Federal laws that form the basis of positive legal regulation of corporate conflicts are: Federal law No. 205-FL “On amendments to certain legislative acts of the Russian Federation”; Federal law No. 82-FL of May 19, 1995, “on public associations”; Federal law No. 193-FL of December 8, 1995, “on agricultural cooperation”; Federal law No. 7-FL of January 12, 1996, “on non-profit associations”; Federal law No. 79-FL of July 27, 2004, “on the state civil service of the Russian Federation”; Federal law No. 7-FL “on non-profit associations” of December 25, 2008, g. 273-FL “on combating corruption”; the Federal law of March 2, 2007 No. 25-FL “on municipal service in the Russian Federation.”

In the course of the study, the authors actively formed an empirical base and turned to judicial and arbitration practice, which were: the Decision of the Constitutional Court of the Russian Federation of July 18, 2003, No.14-P “in the case of verification of the constitutionality of the provisions of Article 35 of the Federal law “on joint stock companies,” Articles 61 and 99 of the civil code of the Russian Federation, Article 31 of the tax code of the Russian Federation, and Article 14 of the Arbitration procedural code of the Russian Federation; the Decision of the Constitutional Court of the Russian Federation of March 15, 2005. No.3-P “in the case of verification of the constitutionality of the provisions of paragraph 2 of Article 278 and Article 279 of the Labor Code of the Russian Federation and paragraph 2 of paragraph 4 of Article 69 of the Federal law” on joint stock companies; resolution of the Plenum of the Supreme Arbitration Court of the Russian Federation of June 20, 2007, No. 40 “on some issues of practice of the provisions of the legislation on transactions with interest” ; resolution of the Plenum of the Supreme Court of the Russian Federation of June 26, 2018, No.27 “on challenging major transactions and transactions in which there is an interest”; Resolution of the FAS of the Ural district of June 23, 2004, No. F09-1854/04-CL, etc.

The concept of “conflict” in terms of etymology, as well as social conflictology and social sciences is studied in the chapter on the example of the works of L. Coser, J. Von Neumann, N. Morgenstern, V. Yadov, T. V. Novikova, etc.

Studying corporate conflicts in legal doctrine, the authors turned to the works of D. I. Dedov and A. A. Kirillov.

The theory of interest and “legally protected interests” were studied thanks to the works of Rudolf von Ihering, who as the main idea behind the development of mechanisms for their balance. In the Russian doctrine, the issues of subjective and legitimate interests were developed in the works of Y. S. Gambarov, V. P. Gribanov, N. M. Korkunova, and G. F. Shershenevich.

The essence of socially significant interests that receive legal regulation from the state and become legal (legal) interests was studied on the basis of the works of N. V. Vitruka, R. E. Gukasyan, O. S. Ioffe, E. A. Krasheninnikova, and N. I. Matuzova.

The methodological basis of the study was a set of general and particular scientific research methods: observation, complex and diversified analysis, synthesis, analogy, comparison, explanation, proof, induction, deduction, reduction, elementalism, systematic approach, methods of comparative law, specific sociological research, historical, logical, statistical, etc.