Journal – Page 2 – World Mediation Organization

Cross-Border Bilateral Negotiations

Louisa Garbo 26. April 2019 20:09 No Comments

Negotiation across boundaries, especially involving multiple nations is a difficult and challenging process because of the complexity of issues involved, the communication preferences, the differences in cultural values and perspectives, the of scope of the agenda and approaches to the negotiations that are acceptable by all parties involved, and the terms of the agreement in the final stage. This article is an excerpt of a paper I wrote last year which examined the recent amendment to the North American Free Trade Agreement (NAFTA) as the case study. Even though NAFTA is a trilateral agreement, the paper focused only on the cross-border bilateral

Yemen and World Law: Building from Current Violations

Rene Wadlow 22. April 2019 17:28 No Comments

“Shall we not learn from life its laws, dynamics, balances? Learn to base our needs not on death, destruction, waste, but renewal?”— Nancy Newhall On 16 April 2019, U.S. President Donald Trump vetoed S.J. Resolution 7 to withdraw U.S. support for the Saudi and United Arab Emirates-led coalition in the war on Yemen. The resolution had passed both houses of Congress with bipartisan support. However, there are most likely not enough votes to override the veto; a two-thirds majority is needed. Also on 16 April, a French investigative NGO with web journal Disclose published a note of the French military intelligence service

After 30 Years of Stagnation, Incompetence and Repression, Omar al-Bashir of Sudan is Pushed Out. Problems Remain

Rene Wadlow 15. April 2019 8:29 No Comments

On 11 April 2019, the Defense Minister of Sudan, Ahmed Awad Ibn Auf, announced that President Omar al-Bashir had been removed from office and was under house arrest along with a few members of his inner circle. General Ibn Auf proposed that a transitional body of military and technicians lead the country for a two-year period after which elections for president would be held. Some have called the events “a recycled coup”. Omar al-Bashir had come to power on 30 June 1989 in a military coup against the largely civilian coalition government led by Sadiq al-Mahdi, great-grandson of Muhammed Ahmad of Mahdist

Gender Equality – Quo Vadis, Comitatus?

Daniel Erdmann 10. April 2019 17:31 4 Comments

Introduction On March 23, 2019 – the members of the WMO community joined a common conference call under the project name of ‚WMO Round Table‘. The event was chaired by Daniel Erdmann and co-chaired by Marina Khamitsevich. The appointed main-speaker was Rhea Mahanta, who was supported by five co-speakers, namely: Kristina Cukic, Louisa Garbo, Mirella Kreda, Mohammad Siddiqui, and Rene Wadlow (all profiles are available at: www.worldmediation.org/members/overview ). The sum of speakers and general participants created an international group, set up of 16 nationalities, providing a multitude of diverse points of view and insights. This brief reflection is an attempt

Will the U.N. Appeal for a halt to the March on Tripoli be heard?

Rene Wadlow 8. April 2019 9:52 No Comments

With the administrative-political situation in Libya badly stalemated and a meeting for negotiations to be held 14-16 April unlikely to make progress, on Thursday 4 April 2019, General Khalifa Hafter, one of the key players in the drama decided to start a “March on Tripoli” and to take overall power by force. Most of the significant buildings in Libyan cities were built by Italians during the Fascist period when Libya was an Italian colony. Thus, General Hafter has patterned himself on Mussolini’s 1922 “March on Rome”. In 1922, the diplomats of most States looked away when Mussolini marched or the diplomats took it

Central African Republic: Continuing Disintegration. Need for Mediation

Rene Wadlow 3. April 2019 10:54 No Comments

The continuing violence, refugee flows, internally-displaced persons and the lack of government services is a good reminder of the difficulties of creating a functioning State with a top-down approach, especially one that begins by training a national army before there is a State to protect. There are four levels of action to consider: the local level, the State level, the multi-State regional level represented in theory by the African Union but in practice largely absent, and the world level represented by the United Nations and in its most visible form by UN military. Oubangui-Chari as the Central African Republic was

Algeria: The long goodbye

Rene Wadlow 2. April 2019 16:58 1 Comment

Street demonstrations began in Algers on 22 February 2019 and quickly spread to other cities in Algeria. The demonstrations, often led by young people, are massive on Fridays, the chief day of rest. The first demands were that President Abdelaziz Boutefika not stand for a fifth term as president having already been president for 20 years since 1999. The demands were all the more reasonable that Boutefika had had a stroke in 2013 and was unable to walk and largely could not speak. He had been seriously ill in 2005 and was in week condition from 2005 to 2013 when his health deteriorated seriously. He

On Going Conflict in the Central African Republic

Belinda Teih 2. April 2019 9:04 No Comments

CAs the name implies, the Central African Republic (CAR) is in Central Africa. It is bordered by Cameroon, Chad, Democratic Republic of Congo, South Sudan and Sudan. It has a surface area of 622,984km2 and a total population of 5,507,257. The country is rich in diamond, gold and uranium, but has one of the world’s poorest populations (BBC,2014). This country was colonized by France, and later got independence on August 13th 1960 (Crisis Group 2007).Central Africa has been unstable since independence .However I will be focusing on the most recent ,from 2004 ; a war between Unityof Democratic Forces (UFDR)

Dogon-Peul Conflict in Mali Draws U.N. Attention to Broader Settled Agriculturalist-Pastoralists Tensions in Africa

Rene Wadlow 31. March 2019 8:19 No Comments

On 29 March 2019, the United Nations Security Council held a discussion largely devoted to the disintegration of the State of Mali, brought into sharp focus by the brutal killing on 23 March of some 150 persons in the village of Ogossagou, mostly women and children. In addition some 50 persons were badly wounded so the death toll may grow in the near future. The village of Ogossagou in the middle area of Mali was largely inhabited by Peuls, a cattle-raising group. Thus many men were away from the village, and it was women and children who were killed, often by being burned alive.

Women in Armed Conflicts: Role and Consequences

Belinda Teih 28. March 2019 10:14 5 Comments

The Ongoing Conflicts in the North West and South West Regions of Cameroon. Abstract The role of women in armed conflicts is more prominent than imagined. Besides being victims due to their vulnerability, women have played frontline roles in revolutions, independence struggles and wars in many countries. The focus on this write up is the role women have played so far on the ongoing crises in the English-speaking regions of Cameroon, and the effects of the crises on them. What started in October 2016 as a teachers and lawyers strike demanding better working conditions in these two English speaking regions

Series: Evaluating International Mediation Acceptance – Case of the Ongoing Anglophone Dispute in Cameroon (5)

Keble Babey 24. March 2019 11:49 5 Comments

Part 5 of 5 Part 4 discussed the characteristics of a mediator and the likelihood of its acceptance. The USA, UK the AU offered to mediate, other bodies called on the UN to mediate but so far, no mediation is in sight. In the next part, the international context will be examined. This part will also include the overall conclusion from the analysis, a look at ongoing conflicts around the globe, some resolution relevant insights, new options for a settlement, and lastly an outlook for the future. International Context Lastly it is the international context which deals with other events

Recent Growth and Developments on Online Dispute Resolution in Southeast Asia

Thomas Giglione 23. March 2019 15:46 No Comments

Thomas G. Giglione Co-author Josh Lee Abstract Notwithstanding the continued importance of “traditional” dispute resolution mechanisms such as litigation and ADR, online dispute resolution (“ODR”) has continued to grow in influence and importance as an enabling tool for lawyers in assisting clients with the resolution of disputes. This development, however, has been patchy at best. Certain regions, such as South-East Asia (“SEA”), do not seem to have embraced ODR as compared to regions like the European Union (“EU”). This is in spite of the sustained explosion in growth of mobile usage and e-commerce in SEA – between January 2016 and

Navroz: Turkish Troops in Afrim: Renewal and Complexity

Rene Wadlow 20. March 2019 14:29 No Comments

Navroz, usually celebrated on 21 March in Iran and Central Asia, is the “New Day”, the end of the old year with its hardships and deceptions and the start of the New Year to be filled with hope and optimism. With each periodical festival, the participants find the same sacred time – the same that had been manifested in the festival of the previous year or the festival of a century earlier. It is a day for spiritual renewal and physical rejuvenation and is usually a time for reciting devotional poetry, presenting food with symbolic meaning to guests, and visits

Series: Evaluating International Mediation Acceptance – Case of the Ongoing Anglophone Dispute in Cameroon (4)

Keble Babey 17. March 2019 11:35 No Comments

Part 4 of 5 It should be recalled that though the separatist movement is united towards liberating what they refer to as homeland otherwise known as Ambazonia, they are many internal threats. These internal threats can make it difficult to identify and accept credible leaders that will negotiate and secure the implementation of an agreement. Nevertheless, the regime is united and there are no internal threats to her war aims. In part 4 of this article, the characteristics of the mediator will be examined to appraise the eventual acceptance and success of a mediation. Characteristics of the Mediator The third

Women as Peacemakers

Rene Wadlow 15. March 2019 8:51 No Comments

Seeing with eyes that are gender aware, women tend to make connections between the oppression that is the ostensible cause of conflict (ethnic or national oppression) in the light of another cross-cutting one: that of gender regime. Feminist work tends to represent war as a continuum of violence from the bedroom to the battlefield, traversing our bodies and our sense of self. We glimpse this more readily because as women we have seen that ‘the home’ itself is not the haven it is cracked up to be. Why, if it is a refuge, do so many women have to escape

Series: Evaluating International Mediation Acceptance – Case of the Ongoing Anglophone Dispute in Cameroon (3)

Keble Babey 13. March 2019 19:13 No Comments

Part 3 of 5 It should be recalled that the government of Cameroon claimed to have agreed to the demands brought forward by CACSC which was formed to negotiate with the government but further demands of federation and later independence led to the ban of the consortium and the jailing of front liners. This led to the escalation of tension which started with school boycotts, ghost towns and later armed conflict. Since then, the separatist started calling for a mediated dialogue and are still calling for a mediated dialogue because they do not believe in a dialogue with the regime.

Women in Peace & Security: Women of faith in peacebuilding

Rhea Mahanta 12. March 2019 23:05 11 Comments

Abstract Women have a dual experience in their roles as advocates for peace, particularly women of faith. The irony is that while they are more immersed in the community and thus have the power to exert more influence, they are invisible and excluded from most peace processes. The realm of religion, like most other fields, have been traditionally lead by men. In this article, we examine the role of women in religious peacebuilding, as well as the role of women faith leaders in peacebuilding. We will take a closer examination of the role that women play in alternative dispute resolution

Faith Based Mediation for Babri Masjid – Ram Temple Dispute in India

Krusch Antony 12. March 2019 9:43 3 Comments

Abstract: – This article is examining the decision of the five judge Constitutional bench of the Supreme Court of India to refer the much fought litigation, over 60 years, which is high sensitive, and witnessed several violence and deaths in India, for a “Court Monitored Mediation”, to come out with a mediated solution as to the title over the disputed land at Ayodya district, UP State, between the two dominant communities- Hindus & Muslims. Considering the historical background, court judgments and findings, and the faith involved, this article is exploring the likelihoods of how faith related matter can be mediated

Series: Evaluating International Mediation Acceptance – Case of the Ongoing Anglophone Dispute in Cameroon (2)

Keble Babey 10. March 2019 17:28 5 Comments

Part 2 of 5 When the crisis started, the government of Cameroon offered to dialogue with the adversaries as the best means of solving the problem, but secessionist elements gained momentum and increased the demands to include independence. The regime motioned that a dialogue will not hold with separatist because it is not in line with republican legality – the one and indivisible nature of the republic. The Roman Catholic Bishops called upon the president to begin an inclusive dialogue but the regime will not dialogue with separatist, so the crisis gradually moved from shutdowns and school boycotts to

Macro-Trends in the Development of Commercial Mediation in Vietnam

Thomas Giglione 7. March 2019 4:05 No Comments

Abstract Vietnam and the EU formally completed the legal review of the EVFTA and Investment Protection Agreement (IPA) in August 2018.[1] The specific regulations on mediation included in the EVFTA demonstrates the special attention given by Europe and Vietnam to dispute resolution through mediation.[2] An entire chapter of the EVFTA is devoted to outlining the protocols of the dispute mechanism in the trade agreement. Vietnam is not one of the signatories to the Singapore Convention. There is concern is that Decree 22 Law of Mediation in Vietnam requires that the parties apply their mediated settlement agreements to Vietnamese Courts. ANNEX

Mediation in the United Arab Emirates

Sherina Saji 27. February 2019 9:33 4 Comments

Sulh or amicable settlement has a long history within Arab and Islamic societies and have their roots in pre-Islamic Arabia. Party autonomy is the one of the most attractive elements of the mediation process. In case of a litigation/arbitration, the judge/tribunal considers the available evidences and apply the applicable legislation to a dispute, whereas during mediation the parties themselves put forth their terms of the settlement and they remain responsible and answerable for such terms. In a promising commercial and trading hub like the UAE, mediation as an alternative avenue to traditional court litigation has proven to be an effective

Series: Evaluating International Mediation Acceptance – Case of the Ongoing Anglophone Dispute in Cameroon (1)

Keble Babey 25. February 2019 19:28 1 Comment

Summary: Fighting between separatist in the Anglophone regions and the government of Cameroon is ongoing and little international attention is being paid to it. This crisis that started in October 2016 following a perceived marginalization of the Anglophone community whereby schools and courts in the North West and South West Regions were allegedly flooded by French speaking professionals to the detriment of the Anglophones. Teachers and lawyers strike sequel to this that demanded the removal of French teachers and judges from English schools and courts was later hijacked by secessionists elements when the government of Cameroon turned down a request

From fishing to piracy – Solving piracy in Somalia

Kristina Cukic 24. February 2019 20:49 1 Comment

Context: The Civil War of 1980 came to an end with the plans of the Ministry of Fisheries and Aquaculture for the development of maritime that wanted to exploit the fish fund of marine waters in which there was a potential for the development of the economy of this very poor country today. The Somalian Navy protected the coast of Somalia and established order. The civil war has led to an institutional and even more economic collapse of the country that has been going on till today. Unprotected coastal areas, lack of institutions as well as resources for the preservation

The Warsaw Process: Slow Start, Clear Focus

Rene Wadlow 18. February 2019 9:37 No Comments

“This is a new era for the future and for prosperity for all the nations” Yusuf bin Alawi, Foreign Minister of Oman, said optimistically in Warsaw at the 13-14 February 2019 Ministerial Conference to Promote a Future of Peace and Security in the Middle East. The sunrise of the new era may be showing its first rays on the horizon but is certainly not yet visible to all. At the same time that bin Alawi was speaking, the Presidents of Russia, Turkey and Iran were meeting in Sochi on the Black Sea to discuss the future of Syria. They were

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