9 resultados para Disputes

em Digital Commons at Florida International University


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This dissertation examines the sociological process of conflict resolution and consensus building in South Florida Everglades Ecosystem Restoration through what I define as a Network Management Coordinative Interstitial Group (NetMIG). The process of conflict resolution can be summarized as the participation of interested and affected parties (stakeholders) in a forum of negotiation. I study the case of the Governor's Commission for a Sustainable South Florida (GCSSF) that was established to reduce social conflict. Such conflict originated from environmental disputes about the Everglades and was manifested in the form of gridlock among regulatory (government) agencies, Indian tribes, as well as agricultural, environmental conservationist and urban development interests. The purpose of the participatory forum is to reduce conflicts of interest and to achieve consensus, with the ultimate goal of restoration of the original Everglades ecosystem, while cultivating the economic and cultural bases of the communities in the area. Further, the forum aim to formulate consensus through envisioning a common sustainable community by providing means to achieve a balance between human and natural systems. ^ Data were gathered using participant observation and document analysis techniques to conduct a theoretically based analysis of the role of the Network Management Coordinative Interstitial Group (NetMIG). I use conflict resolution theory, environmental conflict theory, stakeholder analysis, systems theory, differentiation and social change theory, and strategic management and planning theory. ^ The purpose of this study is to substantiate the role of the Governor's Commission for a Sustainable South Florida (GCSSF) as a consortium of organizations in an effort to resolve conflict rather than an ethnographic study of this organization. Environmental restoration of the Everglades is a vehicle for recognizing the significance of a Network Management Coordinative Interstitial Group (NetMIG), namely the Governor's Commission for a Sustainable South Florida (GCSSF), as a structural mechanism for stakeholder participation in the process of social conflict resolution through the creation of new cultural paradigms for a sustainable community. ^

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This study deals with the formation, reproduction, and the role in litigation of two branches of the legal profession, lawyers and procurators. They were the experts in charge of civil, criminal, and ecclesiastical litigation during the Old Regime. While the lawyers provided erudite legal advice, procurators oriented and drove the procedure as legal representatives of their clients. The European legal revolutions of the twelfth and thirteenth centuries forged a new legal culture in which the lawsuit was reputed to be the best way to settle disputes. Likewise, that legal culture conferred an important place to specialists as legal facilitators of the contending parties. When Castilians exported their legal system to the New World, they spread a complex and bureaucratic framework, contributing to the reproduction of a class of experts in urban spaces. Lima and Potosi, two urban centers created in the sixteenth century, quickly became significant ‘legal cities’. This dissertation explores how the legal markets of these cities operated, the careers of their specialists, their professional options, social images regarding them, and litigation costs. This study examines the careers of 267 facilitators and demonstrates that they constituted a class of distinctive legal professionals. Legal culture embodies the representation and use of law. The closeness of specialists with litigants, in particular of procurators familiarized the parties with litigation and its complex processes. These specialists forged dominant legal discourses and manipulated juridical order. Litigants were not passive agents of their specialists. Caciques and members of the Hispanicized communities appropriated the law in a visible way as the growing litigiousness illustrates. Colonial law (of a pluralistic basis) was an arena of assertion and discussion of rights by different social actors, encomenderos, leading citizens, widows, native chieftains, artisans, and commoners. This study concludes that this struggle and manipulation served to legitimate the role of those legal experts and gave birth to a complex legalistic society in the Andes under Spanish Habsburg rule.

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A life of piracy offered marginal men a profession with a degree of autonomy, despite the brand of "outlaw" and the fear of prosecution. At various times throughout history, governments and crowned heads suspended much of their piracy prosecution, licensing men to work as "privateers" for the state, supplementing naval forces. This practice has a long history, but in sixteenth-century England, Elizabeth I (1558-1603) significantly altered this tradition. Recognizing her own weakness in effectively prosecuting these men and the profit they could contribute to the government, Elizabeth began incorporating pirates into the English naval corps in peacetime—not just in war. This practice increased English naval resources, income, and presence in the emerging Atlantic World, but also increased conflict with the powerful Spanish empire. By 1605, making peace with Spain, James VI/I (1603-1625) retracted Elizabeth's privateering promotion, prompting an emigration of English seamen to the American outposts they had developed in the previous century. Now exiles, no longer beholden to the Crown, seamen reverted back to piracy. The Carolinas and Jamaica served as bases for these rover communities. In 1650, the revolutionary leader Oliver Cromwell (1649-1658) once again recognized the merits of such policies. Determined to demonstrate his authority and solidify his rule, Cromwell offered citizenship and state support to Caribbean exiles in exchange for their aiding of his navy in the taking of Spanish Jamaica. Official chartering of Port Royal, Jamaica served as reward for these men's efforts and as the culmination of a century-long cycle of piracy legislation, creating one of England's most lucrative colonies in the middle of a traditionally Spanish Caribbean empire. Through legal and diplomatic records, correspondence, and naval and demographic records from England and Spain, this dissertation explores early modern piracy/privateering policy and its impact on the development of the Atlantic World. European disputes and imperial competition converged in these piracy debates with significant consequences for the definitions of criminality and citizenship and for the development of Atlantic empire.

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Since its independence from Great Britain in 1948, the state of Burma has been at war with itself. Ethnic and religious tension fuel the conflict and has led to territorial disputes while no resolution to this strife is expected under a fragile and corrupt central government. Additionally, proxy wars have delayed any peaceful negotiations. The combinations of failing social welfare programs and prolonged peace talks have led many Burmese people join the military as soldiers in either the Burmese military or any one of the numerous ethnic paramilitary groups in the country. Human rights violations are common in Burma, including rape, pillaging, and ethnic cleansing. Essentially, Burma has had the longest ongoing civil war due to combination of grievances, many of which predate the 21st century.

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Japan is an important ally of the United States–the world’s third biggest economy, and one of the regional great powers in Asia. Making sense of Japan’s foreign and security policies is crucial for the future of peace and stability in Northeast Asia, where the possible sources of conflict such as territorial disputes or the disputes over Japan’s war legacy issues are observed. This dissertation explored Japan’s foreign and security policies based on Japan’s identities and unconscious ideologies. It employed an analysis of selected Japanese films from the late 1940s to the late 1950s, as well as from the late 1990s to the mid-2000s. The analysis demonstrated that Japan’s foreign and security policies could be understood in terms of a broader social narrative that was visible in Japanese popular cultural products, including films and literatures. Narratives of Japanese families from the patriarch’s point of view, for example, had constantly shaped Japan’s foreign and security policies. As a result, the world was ordered hierarchically in the eyes of the Japan Self. In the 1950s, Japan tenaciously constructed close but asymmetrical security relations with the U.S. in which Japan willingly subjugated itself to the U.S. In the 2000s, Japan again constructed close relations with the U.S. by doing its best to support American responses to the 9/11 terrorist attacks by mobilizing Japan’s SDFs in the way Japan had never done in the past. The concepts of identity and unconscious ideology are helpful in understanding how Japan’s own understanding of self, of others, and of the world have shaped its own behaviors. These concepts also enable Japan to reevaluate its own behaviors reflexively, which departs from existing alternative approaches. This study provided a critical analytical explanation of the dynamics at work in Japan’s sense of identity, particularly with regard to its foreign and security policies.

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There was a massive influx of Afghan refugees into Pakistan following the Soviet military intervention in Afghanistan in December 1979. An attempt has been made here to analyze the political, ethnic, economic and social ramifications of the Afghan refugees on Pakistan. Among the consequences of the presence of Afghan refugees are: 1. A heavy burden on Pakistan's resources on account of sustaining the 2.8 million Afghan refugees 2. Friction between Afghan refugees and the Pakistani population, due to land, employment, animal grazing-pasture and water-supply disputes, and 3. A direct threat to Pakistan's internal security and political stability, which is made evident by numerous violations of Pakistan's western borders by Soviet-Afghan air and ground forces in pursuit of the refugees and Afghan Mujahidin. The political talks on the Afghan crisis are deadlocked on the question of a Soviet troop withdrawal. The Soviets and Afghans insist on the stoppage of foreign support to the Afghan counterrevolutionaries. The refugees in Pakistan will not return to their homes unless they are insured a safe and honorable life by the Afghan government.

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This thesis examines the involvement of the United States in the decade-long trade dispute before the World Trade Organization (WTO) over the European Union's preferential banana regime. Washington's justification for bringing this case to the WTO comes from Section 301 of the U.S. trade act, which allows for disputes to be undertaken if U.S. "interests" are violated; however, this is the first case ever undertaken by the United States that does not directly threaten any American banana industry, nor affect any American jobs. Why, then, would the United States involve itself in this European-Caribbean-Latin American dispute? It is the contention of this thesis that the United States thrust itself headlong into this debate for two reasons: domestically, the United States Trade Representative came under pressure, via the White House and Congress, from Chiquita CEO Carl Lindner, who in the past decade donated more than $7.1 million to American politicians to take the case to the WTO. Internationally, the United States used the case as an opportunity to assert its power over Europe, with the Eastern Caribbean islands being caught in the economic crossfire. According to existing literature, in undertaking this case, the United States did as any nation would: it operated within both domestic and international levels, satisfying at each level key interests, with the overall goal of maintaining the nation's best interests.

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A life of piracy offered marginal men a profession with a degree of autonomy, despite the brand of “outlaw” and the fear of prosecution. At various times throughout history, governments and crowned heads suspended much of their piracy prosecution, licensing men to work as “privateers” for the state, supplementing naval forces. This practice has a long history, but in sixteenth-century England, Elizabeth I (1558-1603) significantly altered this tradition. Recognizing her own weakness in effectively prosecuting these men and the profit they could contribute to the government, Elizabeth began incorporating pirates into the English naval corps in peacetime—not just in war. This practice increased English naval resources, income, and presence in the emerging Atlantic World, but also increased conflict with the powerful Spanish empire. By 1605, making peace with Spain, James VI/I (1603-1625) retracted Elizabeth’s privateering promotion, prompting an emigration of English seamen to the American outposts they had developed in the previous century. Now exiles, no longer beholden to the Crown, seamen reverted back to piracy. The Carolinas and Jamaica served as bases for these rover communities. In 1650, the revolutionary leader Oliver Cromwell (1649-1658) once again recognized the merits of such policies. Determined to demonstrate his authority and solidify his rule, Cromwell offered citizenship and state support to Caribbean exiles in exchange for their aiding of his navy in the taking of Spanish Jamaica. Official chartering of Port Royal, Jamaica served as reward for these men’s efforts and as the culmination of a century-long cycle of piracy legislation, creating one of England’s most lucrative colonies in the middle of a traditionally Spanish Caribbean empire. Through legal and diplomatic records, correspondence, and naval and demographic records from England and Spain, this dissertation explores early modern piracy/privateering policy and its impact on the development of the Atlantic World. European disputes and imperial competition converged in these piracy debates with significant consequences for the definitions of criminality and citizenship and for the development of Atlantic empire.

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Japan is an important ally of the United States–the world’s third biggest economy, and one of the regional great powers in Asia. Making sense of Japan’s foreign and security policies is crucial for the future of peace and stability in Northeast Asia, where the possible sources of conflict such as territorial disputes or the disputes over Japan’s war legacy issues are observed.^ This dissertation explored Japan’s foreign and security policies based on Japan’s identities and unconscious ideologies. It employed an analysis of selected Japanese films from the late 1940s to the late 1950s, as well as from the late 1990s to the mid-2000s. The analysis demonstrated that Japan’s foreign and security policies could be understood in terms of a broader social narrative that was visible in Japanese popular cultural products, including films and literatures. Narratives of Japanese families from the patriarch’s point of view, for example, had constantly shaped Japan’s foreign and security policies. As a result, the world was ordered hierarchically in the eyes of the Japan Self. In the 1950s, Japan tenaciously constructed close but asymmetrical security relations with the U.S. in which Japan willingly subjugated itself to the U.S. In the 2000s, Japan again constructed close relations with the U.S. by doing its best to support American responses to the 9/11 terrorist attacks by mobilizing Japan’s SDFs in the way Japan had never done in the past.^ The concepts of identity and unconscious ideology are helpful in understanding how Japan’s own understanding of self, of others, and of the world have shaped its own behaviors. These concepts also enable Japan to reevaluate its own behaviors reflexively, which departs from existing alternative approaches. This study provided a critical analytical explanation of the dynamics at work in Japan’s sense of identity, particularly with regard to its foreign and security policies.^