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This paper explores the experience of “Shari’a” as non-state law in the English courts through a historical analysis of past Islamic finance dispute resolutions (IFDRs). This paper aims to propose a conceivable scenario relating to the law applicable in international commercial contracts in the English courts with the emergence of the Hague Principles 2015.

This paper addresses several issues that have been raised in English case law: doubts about the legal nature of “Shari’a” as non-state law; the limits placed on freedom of choice of “Shari’a” law by the application of a single legal system; and the distinction between application of law and incorporation by reference of “Shari’a” in IFDRs. The paper then analyses the conformity of “Shari’a” with the provisions now used to resolve Islamic finance disputes (trade and investment) in the English courts, using an empirical analysis of The Accounting and Auditing Organization for Islamic Financial Institutions standards.

The paper provides that, in theory, “Shari’a” standards could play a significant role in IFDRs after Brexit, even though a gap persists in practice because the Hague Principles 2015 have not yet been adopted by the English legal system.

The study focuses on the English courts and shows how the IFDRs could be resolved with the emergence of Hague Principles 2015 in the post-Brexit era.

To the best of the author’s knowledge, this paper appears to be the first paper to provide a conceivable scenario relating to the future of the IFDRs in the English courts.

To further promote application of BIM technology in construction of prefabricated buildings, influencing factors and evolution laws of willingness to apply BIM technology are explored from the perspective of willingness of participants.

In this paper, a tripartite game model involving the design firm, component manufacturer and construction firm is constructed and a system dynamics method is used to explore the influencing factors and game evolution path of three parties' application of BIM technology, from three perspectives, cost, benefit and risk.

The government should formulate measures for promoting the application of BIM according to different BIM application willingness of the parties. When pursuing deeper BIM application, the design firm should pay attention to reducing the speculative benefits of the component manufacturer and the construction firm. The design firm and the component manufacturer should pay attention to balancing the cost and benefit of the design firm while enhancing collaborative efforts. When the component manufacturer and the construction firm cooperate closely, it is necessary to pay attention to balanced distribution of interests of both parties and lower the risk of BIM application.

This study fills a research gap by comprehensively investigating the influencing factors and game evolution paths of willingness of the three parties to apply BIM technology to prefabricated buildings. The research helps to effectively improve the building quality and construction efficiency, and is expected to contribute to the sustainability of built environment in the context of circular economy in China.

The purpose of this paper is to advance our understanding of international crisis mediation by introducing and examining the nested insider-partial mediator (NIPM) concept, a nuanced perspective on IPM behavior. This study challenges the traditional view of effective mediators as external, unbiased entities by delving into the behavior and contribution of mediators who are deeply embedded in the conflict environment, such as South Korea’s unique position in navigating the US–DPRK crisis in 2017–2018. By analyzing South Korea’s dual role as mediator and negotiator and its employment of both nondirective and directive mediation strategies, the paper demonstrates the potential effectiveness of NIPMs in managing complex biases and contributing to de-escalation in intense crisis scenarios.

This paper uses a focused single-case study approach to analyze South Korea’s role as an NIPM. Using a process-tracing methodology, it examines how contextual factors such as relationships, interests and inherent biases influenced South Korea’s mediation strategies in this complex geopolitical scenario. Empirical evidence was retrieved from public sources, including official statements and press interviews, providing an empirical foundation for understanding NIPM behavior. This approach facilitates a detailed study of South Korea’s unique mediation role within the intricate dynamics of the Korean Peninsula conflict.

The study’s findings illustrate the pivotal role NIPMs can play in complex international conflicts, underlining the significant potential of NIPMs in crisis prevention. The findings highlight South Korea’s adept navigation through intricate geopolitical dynamics, leveraging its unique insider position and established relationships with both the USA and North Korea. This behavior was instrumental in mitigating a potentially explosive situation, steering the crisis toward negotiation and de-escalation. The research underscores the effectiveness of the NIPM framework in understanding the nuanced behavior of mediators who are deeply integrated into multi-level conflicts, influenced by their connections, interests and inherent biases.

This research not only broadens the theoretical framework of insider-partial mediation by introducing the concept of NIPM, but also has practical implications for policymakers and practitioners in leveraging regional mediation strategies for international crisis mitigation. The study underscores the importance of mediators’ deep-rooted connections, biases and vested interests in influencing their mediation tactics, thus offering a comprehensive understanding of the multifaceted nature of international mediation in complex geopolitical conflicts.

This study aims to explore the role of rebel group legitimacy and ideology in durable peace (DP) following peace agreements to end civil wars. It builds on earlier research showing that justice and civil society involvement are critical in achieving DP. This study adds the impacts of rebel group activities and support on DP. Activities include service delivery and mobilization. Support is gauged with outcomes of presidential and parliamentary elections held following peace agreements.

Five data sets were used to measure the key variables: DP, inclusive commissions (IC), legitimacy symmetry (electoral outcomes), service delivery and ideological mobilization. A measure of rebel group integration in the political system was also constructed. Impacts of the integration, legitimacy and ideology variables were assessed with a hierarchical regression model (HRM). This study begins with a base model drawn from earlier research showing the key predictors were procedural justice (PJ) and IC. The authors ask about the extent to which the rebel group variables contribute additional variance to the prediction of DP.

The main contributors to the prediction of DP were PJ, IC and integration in the political system. None of the legitimacy or mobilization variables added significant variance to the prediction. Only one of the mobilization variables, forced recruitment, was significant. The decision to integrate into the political system following the agreement did not mediate the relationship between PJ in the negotiation process and DP. Results of a factor analysis showed that DP, PJ, IC and integration formed a cluster with strong loadings on the first factor.

The negative results for the legitimacy and mobilization variables may not be the last word on rebel group influences. Lack of support for the key hypotheses spurs attempts to discover other sources that contribute to the survival of rebel group actors in the political system and, in turn, to DP.

The issues raised by this study contribute to debates about ways to attain peaceful relations among competing groups following a civil war. It appears that attention to factors inside and around the negotiation process (PJ, ICs and conversion) may be more important than rebel group activities outside of these processes. The results call attention, in particular, to the important role played by political integration. From a policy perspective, it would be useful to develop levers for encouraging rebel groups to emerge as political actors in the post-agreement environment.

Developing measures of the symmetry of rebel group legitimacy and integration in the context of a comparative case study are the primary original contributions of this study. Furthermore, the mode of analysis (HRM) is novel in this literature. This approach builds on and extends the earlier research on factors influencing DP.

This study employs Stein Rokkan's methodological approach to analyse state formation in the Greater Middle East. It develops a conceptual framework distinguishing colonial, populist and democratic pacts, suitable for analysis of state formation and nation-building through to the present period. The framework relies on historical institutionalism. The methodology, however, is Rokkan's. The initial conceptual analysis also specifies differences between European and the Middle Eastern state formation processes. It is followed by a brief and selective discussion of historical preconditions. Next, the method of plotting singular cases into conceptual-typological maps is applied to 20 cases in the Greater Middle East (including Afghanistan, Iran and Turkey). For reasons of space, the empirical analysis is limited to the colonial period (1870s to the end of World War 1). Three typologies are combined into one conceptual-typological map of this period. The vertical left-hand axis provides a composite typology that clarifies cultural-territorial preconditions. The horizontal axis specifies transformations of the region's agrarian class structures since the mid-19th century reforms. The right-hand vertical axis provides a four-layered typology of processes of external intervention. A final section presents selected comparative case reconstructions. To the authors' knowledge, this is the first time such a Rokkan-style conceptual-typological map has been constructed for a non-European region.

Service failures usually occur in front of third-party customers. Third-party customers react emotionally and behaviorally to service failure and recovery efforts aimed at focal customers. However, there is a gap in the literature on how third-party customers react to a service failures incident and a recovery over another customer, depending on how socially close or distant they are from. This study investigates the effect of third-party customers' emotions on consumer forgiveness, negative word-of-mouth (WoM) and repatronage intentions in the service recovery process by comparing close and distant third-party customers.

This study utilizes a 2 (social distance to the focal customer: close, distant) × 2 (service recovery: yes, no) between-subjects design. The authors used a scenario-based experiment to test the proposed hypotheses. A total of 576 respondents were involved in the study.

The results from the authors' scenario-based experimental study show that positive and negative emotions felt by distant third-party customers are higher than those of close third-party customers. In addition, the effect of positive emotions on customer forgiveness is more substantial for distant third-party customers. Third, moderated-mediation analysis indicates that social distance has a moderator effect only on the relationship between positive emotions and customer forgiveness.

This study contributes to the service literature by comparing socially close and socially distant third-party customers' reactions to service failure and recovery attempts.

This study is a radical interactionist analysis of family conflict. Drawing on both a negotiated order perspective and Athen's theory of complex dominative encounters, this study analyzes the role that domination plays in conflicts among intimates. As the family engages in repeated conflicts over roles, the family also engages in negotiations over the family order, what role each party should play, interpretations of past events, and plans for the future. These conflicts take place against a backdrop of patriarchy that asymmetrically distributes power in the family to determine the family order. The data from this study come from a content analysis of mothers with substance use problems as depicted in the reality television show Intervention. The conflicts in these families reveal that these families develop a grinding family order in which families engaged in repeated conflict but also continued to operate as and identify as a family. These conflicts are shaped by and reinforce patriarchal expectations that mothers are central to family operation. The intervention at the end of each episode offered an opportunity for the family to engage in a concerted campaign to try to force the mother into treatment and reestablish the family order.

The purpose of this paper is to describe an innovative approach to overcoming a common dilemma in designing negotiation simulations – that of situating a simulation in a real-life or fictitious context. This binary choice, which the authors call the negotiation designer’s dilemma, has profound implications for the types of learning activities and outcomes that can be integrated into the overall learning experience. As a way of overcoming the trade-offs inherent in this dilemma, the authors developed what they term hybrid simulations, which blend elements of fact and fiction in its contextual design in a particular way.

The authors were part of a negotiation simulation design team that used Design Thinking to understand the negotiation designer’s dilemma and to prototype and test a corresponding solution.

This paper demonstrates the benefits, potential applications and the how-to of hybrid simulations within the context of two such simulations the authors have designed at two different Swiss business schools. This paper concludes by discussing the potential and limitations for the application of hybrid simulations, as well as areas of potential further development.

The concept of a hybrid negotiation is a novel design trick that can be used in a variety of negotiation simulation contexts.