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Su-Mi Lee

Abstract

This research examines the effect of mediators’ characteristics on mediation outcomes. In the current study of international mediation, one group of scholars argues that biased mediators with a considerable interest at stake in the dispute are usually effective. Others stress that mediator neutrality is a precondition for mediation to be successful. To test these claims, this study evaluates the Philippines’ qualifications as a mediator for the Borneo confrontation between Indonesia and Malaya in the 1960s. Although the Philippines’ strong ties to both disputants qualified it as an impartial mediator, its ongoing dispute with Malaya over Sabah transformed the Philippines into a biased/interested mediator in the Borneo confrontation. This research illustrates how effective the Philippines was in mediating the Borneo confrontation. It also sheds light on the possible futility of South Korea’s involvement as a third party in the People’s Republic of China-Japan territorial dispute.

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Hafizullah Emadi

In Afghanistan, minorities are subjected to harassment, intimidation and even death by Islamic fanatics and conservative leaders as they try to impose their own interpretation of religious scriptures and punish those who do not agree with their interpretation of religious precepts and follow their rulings. Application of such measures has impacted the safety and security of the gender-minority community, as its members are forced to hide their identities, and cannot speak about their sexual orientation. Government agencies and civil society organizations do not advocate for the rights of this community, and deliberately avoid any discussion about them, fearing a backlash from religious vigilantes, conservative religious leaders and clerics. A lack of public education and social awareness programs about the gender-minority community has contributed to the perpetuation of discrimination, hatred and bigotry toward them − a community that is part and parcel of the social fabric of modern Afghanistan.

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Mustafa Kirisci and J. Michael Greig

Abstract

This article examines the forces that encourage targets and challengers involved in claim disputes to offer concessions first. Our framework focuses upon reputation and pressure as key forces that can influence concession-making by claim dispute targets and challengers. We argue that past concession behavior both inside and outside of a claim dyad influences the willingness to make concessions, but does so in distinct ways. We also argue that pressure arising from internal conflict within the disputants and from major power involvement in managing the dispute, also influences the occurrence of concession-making. The results of our hazard analysis show that states involved in claim disputes do consider their opponent’s previous concession-making behavior. Our findings point clearly to the history of concessions within the dyad as a key influence on subsequent concession-making and that major power involvement increases the likelihood of concession-making by both challengers and targets.

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Izawati Wook

The concept of procedural justice has been promoted as a potential solution in the contest for resources involving indigenous peoples and others. It seeks the formulation of processes that are fair and just both to indigenous peoples and to the other parties affected. Using a comparative approach, this paper analyses processes and mechanisms adopted in some selected common law jurisdictions against the ideal of procedural justice. It seeks to consider mechanisms which conform to the principle of procedural justice to address the issue of indigenous peoples’ rights to land and resources in Malaysia. The principle is relevant in Malaysian common law which also subjects matters affecting fundamental liberties to procedural justice. Comparative perspectives provide models for practical applications of indigenous peoples’ rights. They assist policy analysis through learning from the successes and failures of other jurisdictions in improving legal reform.

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Ebenezer Durojaye and Mariam Wallet Med Aboubakrine

This article examines non-communicable diseases (ncds) as a challenge among indigenous population in Africa. From a rights-based perspective, the article considers some of the social determinants of health and other challenges that can aggravate ncds among indigenous groups in Africa. It further examines the recognition of the right to health of indigenous populations under international law. This is followed by a discussion on some of the barriers to addressing ncds among indigenous peoples in the region. It concludes by urging African governments to be more proactive in adopting measures grounded in human rights standards to address the rising incidence of ncds among indigenous peoples in the region.

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Athanasios Yupsanis

Hungary has been praised by international monitoring bodies and scholars specializing in minority rights for being a pioneer in establishing a sophisticated cultural autonomy regime for the safeguarding of the cultural rights of its minorities, which could serve as a salient example for other countries too. However, after nearly twenty-five years of implementation, during which a major amendment of the original Act lxxvii of 1993 on the Rights of National and Ethnic Minorities (2005) took place, followed further by the adoption of a new Act clxxix on the Rights of Nationalities (2011), there continue to exist serious problems in the operation of the whole arrangement, putting in question its efficacy to adequately address the cultural needs of Hungary’s minorities and to serve as a model for exportation.

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Naomi Birdthistle, Antoinette Flynn and Susan Rushworth

Ethnic entrepreneurship has emerged as an economic, societal, and political panacea to the growing number of refugees on the move across the globe. Employing the 2014 World Economic Forum framework, this article seeks to explore the Australian entrepreneurship ecosystem, to determine whether it is enabling migrants and/or refugees to become entrepreneurs with a focus on Syrian refugees. At its core, the Australian entrepreneurship ecosystem is comparatively strong in terms of human capital, accessible markets, and finance. Even within the three ‘core’ characteristics of the ecosystem, the Australian ecosystem falls short when examined through the lens of refugee entrepreneurs. Recommendations under the 2014 World Economic Forum framework are made that will assist key stakeholders in developing an entrepreneurial ecosystem.

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Roser Cussó

Minority protection under the League of Nations (LoN) generated an unprecedented level of activity and debate on the topic, which in turn contributed to the general advancement of human rights. Nevertheless, it is also important to note that the League’s Secretariat developed rather conservative practices regarding the receivability of minorities’ petitions as well as on some important related decisions. Our perspective here contrasts with what is commonly found in the associated historiography, i.e. that the part played by the Minorities Section was rather neutral. Without downplaying the importance of some states’ resistance to the protection of minorities and its supervision, the Section’s narrow interpretation of the LoN jurisdiction is noteworthy, as is the absence of serious attempts to take advantage of the decisions in favour of minorities made by the LoN Assembly. The way the Section constructed the non-receivability of petitions, especially those which were ‘outside treaties’, illustrates our argument.

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A. Aslı Bilgin

The foundation of European Integration is based on economic objectives from the beginning of the 1950s. The founding treaties did not include provisions regarding minority rights. Minority rights have been a foundational value since the entry into force of the Lisbon Treaty, but there is no legislation related to minority rights or internal minority policy at the European Union (eu) level, because of the absence of competence given to eu institutions. This study analyses how issues relating to minority protection are handled vis-a-vis internal market objectives under eu law in the light of primary, secondary and eu case-law. While determining the legal framework on minority rights in the eu, not only the impact of the case-law of the cjeu on minority protection, but also the possibility of the cjeu’s power to establish an internal minority policy and the Member States’ approaches to an internal minority policy have been taken into consideration.

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Edited by Donald R. Rothwell, Imogen Saunders and Esmé Shirlow

Launched in 1965, The Australian Year Book of International Law (AYBIL) is Australia’s longest standing and most prestigious dedicated international law publication.
The Year Book aims to uniquely combine scholarly commentary with contributions from Australian government officials. Each volume contains a mix of scholarly articles, invited lectures, book reviews, notes of decisions by Australian and international courts, recent legislation, and collected Australian international law state practice.
It is a valuable resource for those working in the field of international law, including government officials, international organisation officials, non-government and community organisations, legal practitioners, academics and other researchers, as well as students studying international law, international relations, human rights and international affairs.
It focuses on Australian practice in international law and general international law, across a broad range of sub-fields including human rights, environmental law and legal theory, which are of interest to international lawyers worldwide.