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The Law and Practice of Facultative Mixity
Despite the Lisbon Treaty reforming the EU Treaty provisions on external relations, it was argued at the time of the Treaty’s entry into force that ‘mixity was here to stay’. While this has indeed proven to be the case, the Court of Justice’s jurisprudence has nonetheless redrawn the contours within which mixity can thrive and for the first time has confirmed the existence of ‘facultative mixity’. In light of these significant post-Lisbon developments the volume aims to clarify the law and policy of facultative mixed agreements in the EU’s treaty practice and this not only from the perspective of EU (constitutional) law itself but also from the perspective of the EU Member States’ legal systems, that of the EU’s third country treaty partners and that of public international law itself.
Group Politics in UN Multilateralism provides a new perspective on diplomacy and negotiations at the United Nations. Very few states ‘act individually’ at the UN; instead they often work within groups such as the Africa Group, the European Union or the Arab League. States use groups to put forward principled positions in an attempt to influence a wider audience and thus legitimize desired outcomes. Yet the volume also shows that groups are not static: new groups emerge in multilateral negotiations on issues such as climate, security and human rights. At any given moment, UN multilateralism is shaped by long-standing group dynamics as well as shifting, ad-hoc groupings. These intergroup dynamics are key to understanding diplomatic practice at the UN.
“Key Documents on the Reform of the UN Security Council 1991-2019” brings together primary source documents reflecting the political, legal and academic discussions of the United Nations Security Council reform, in particular the Council’s membership and decision-making, as they have taken place since 1991. Earlier discussions from the late 1940s through 1991 are covered insofar as they offer a useful contribution to the current debate. This extensive collection, curated by a leading authority, is intended to be representative of the debate as a whole without bias, faithfully reflecting the positions of various stakeholders, global participants and civil society. This important work will be an indispensable resource for researchers and students, bringing together hundreds of documents produced during more than three decades by governments, UN bodies, universities, think tanks and individual authors in a single, comprehensive volume.
Clan societies differ substantially from Western democratic states. Clan societies are based around the extended family. Honour and solidarity are important, which is reflected in nepotism and blood revenge. However, a more positive aspect of clan societies is the use of reconciliation to solve conflicts. This guarantees that parties to a conflict can cooperate in the future. When intervening in a clan based society it is important to be aware of the differences compared to Western democracy. Based on theory and practice the cases of Afghanistan, Iraq, Albania and Chechnya are investigated. This book explains clan society and provides tools to facilitate state building and democratization in clan based societies for those who intervene, aimed at conflict resolution and democratization.
Editor: Ying-jeou Ma
The Chinese (Taiwan) Yearbook of International Law and Affairs commenced publication in 1981 under the auspices of the Chinese (Taiwan) Society of International Law. The Yearbook publishes on multi-disciplinary topics with a focus on international and comparative law issues regarding Taiwan, Mainland China and the Asia-Pacific region. The Yearbook is one of the foremost publications in the world concentrating on issues of greater China.

Abstract

This essay raises the question whether citizens in the digital age can learn from how credibility is treated in international negotiations. Negotiators face problems both in attempting to send credible signals and in making credibility assessments of received signals. Several studies, starting with Schelling’s seminal analysis of commitments, indicate that credible signals are those that are somehow costly to the sender. Contributions to our understanding of how recipients make credibility assessments include Jervis’s distinction between signals (with no inherent credibility) and indices (believed to be untainted by deception). The most general conclusion emerging from existing research is that there is no definitive, infallible solution to the problem of credibility, insofar as deception and misperception are intrinsic to all signaling systems. Today’s unfortunate combination of limited awareness of credibility problems, on the one hand, and technological advances facilitating deception, on the other, calls for intensified education as well as multidisciplinary research.

In: International Negotiation

Abstract

“Management of complexity” was identified as a paradigm for negotiation analysis 25 years ago. Substantial progress has been made in conceptualizing complex negotiations since, although less has been accomplished with regard to operationalizing that knowledge so that tools can be developed to manage complex negotiations. This article begins by reviewing five separate theoretical frameworks of negotiation complexity and, through this analysis, identifies six significant characteristics of negotiation complexity: party numbers, negotiator roles, external environment, negotiation process, negotiation strategy, and party relations. Operational tools are identified for each variable. On the basis of this analysis, the article concludes by identifying additional tools that could be developed for managing complex negotiations.

In: International Negotiation
Editor: Ying-jeou Ma
Volume 36 of the Chinese (Taiwan) Yearbook of International Law and Affairs publishes scholarly articles and essays on international and transnational law, as well as compiles official documents on the state practice of the Republic of China (ROC) in 2018. The Yearbook publishes on multi-disciplinary topics with a focus on international and comparative law issues regarding Taiwan, Mainland China and the Asia-Pacific.

Questions and comments can be directed to the editorial board of the Yearbook by email at yearbook@nccu.edu.tw
In European Small States and the Role of Consuls in the Age of Empire Aryo Makko argues that Sweden and Norway participated in the New Imperialism in the late 18th and early 19th centuries through consular services. Usually portrayed as nations without an imperial past, Makko demonstrates that their role in the processes of imperialism and colonialism during that period can be understood by including consular affairs and practices of informal imperialism into the analysis. With this, he contributes to our understanding of the role of smaller states in the so-called Age of Empire.

Aryo Makko, Ph.D. (2012), Stockholm University, is Associate Professor of History at that university and a Pro Futura Scientia Fellow at the Swedish Collegium for Advanced Study (SCAS). He is also a member of the Young Academy of Sweden.