No War, No Peace: Northern Ireland after the Agreement

In 1998 a historic agreement, commonly known as the Belfast or Good Friday Agreement, formed the basis of a negotiated settlement for the future of Northern Ireland. Since that time the level of violence in Northern Ireland has reduced but many problematic issues related to governance, sectarianism, and community relations remain on the political agenda and have destabilized the post-peace accord environment. Many of these issues can be viewed as either causes or consequences of the protracted conflict in Northern Ireland. This special issue examines some of these issues from a political psychology perspective. Economic, political, social, and psychological factors that have supported and hindered progress towards peace and stability are considered. While the paramilitary ceasefires have remained intact and certain aspects of life in Northern Ireland have been transformed, the road to peace has been hindered by both political and psychological intransigence. This paper offers an opportunity to reevaluate conceptualisations of conflict and its management in chronic situations, where divisions are deeply embedded within societal structures and relationships, and consider factors that may act as barriers to the development of a lasting peace.

Redundancy and Workplace Occupation: The Case of the Republic of Ireland

Purpose – This paper aims to examine the antecedent influences and merits of workplace occupations as a tactical response to employer redundancy initiatives.

Design/methodology/approach – The data are based on analysis of secondary documentary material reporting on three workplace occupations in the Republic of Ireland during 2009.

Findings – Perceptions of both procedural (e.g. employer unilateral action) and substantive (e.g. pay and entitlements) justice appear pivotal influences. Spillover effects from other known occupations may also be influential. Workplace occupations were found to produce some modest substantive gains, such as enhancing redundancy payments. The tactic of workplace occupation was also found to transform unilateral employer action into scenarios based upon negotiated settlement supported by third-party mediation. However the tactic of workplace occupation in response to redundancy runs the risks of potential judicial injunction and sanction.

Research limitations/implications – Although operationally difficult, future studies should strive to collect primary data workplace occupations as they occur.

Originality/value – The paper identifies conditions conducive to the genesis of workplace occupations and the extent to which the tactic may be of benefit in particular circumstances to workers facing redundancy. It also contextualises the tactic in relation to both collective mobilisation and bargaining theories in employment relations.

CIVIL WAR SETTLEMENTS AND COMBATANTS’ BEHAVIORS: STRATEGY, PERCEPTION, AND REPUTATION

Three projects in my dissertation focus on the termination of internal conflicts based on three critical factors: a combatant’s bargaining strategy, perceptions of relative capabilities, and reputation for toughness. My dissertation aims to provide the relevant theoretical framework to understand war termination beyond the simple two-party bargaining context. The first project focuses on the government’s strategic use of peace agreements. The first project suggests that peace can also be designed strategically to create a better bargain in the near future by changing the current power balance, and thus the timing and nature of peace is not solely a function of overcoming current barriers to successful bargaining. As long as the government has no overwhelming capability to defeat all rebel groups simultaneously, it needs to keep multiple rebel groups as divided as possible. This strategic partial peace helps to deter multiple rebel groups from collaborating in the battlefield and increases the chances of victory against non-signatories. The second project deals with combatants’ perceptions of relative capabilities. While bargaining theories of war suggest that war ends when combatants share a similar perception about their relative capabilities, combatants’ perceptions about relative capabilities are not often homogeneous. While focusing on information problems, this paper examines when a rebel group underestimates the government’s supremacy in relative capabilities and how this heterogeneous perception about the power gap influences negotiated settlements. The third project deals with the tension between different types of reputations in the context of civil wars: 1) a reputation for resolve and 2) a reputation for keeping human rights standards. In the context of civil wars, the use of indiscriminate violence by the government is costly, and as such, it signals the government’s toughness (or resolve) to rebel groups. I argue that the rebels are more likely to accept the government’s offer when the government recently engaged in indiscriminate violence against civilians during the conflict. This effect, however, is conditional on the government’s international human rights reputation; suggesting that rebel groups interpret this violence as a signal particularly when the government does not have a penchant for attacking civilians in general.

In defence of settlement: resolving discrimination complaints by agreement

Alternative dispute resolution (ADR) has become an entrenched feature of Australia’s anti-discrimination law, so much so that the vast majority of discrimination complaints are settled. There are many reasons to be against settlement but with reference to a study of the outcomes negotiated in discrimination complaints settled in Queensland, this article shows that there are valid reasons to be in favour of settlement, particularly when it results in systemic remedies which would not be obtained otherwise. The article concludes by presenting modifications to the existing complaint resolution system which would retain ADR while ensuring that the wider, systemic aspects of a discrimination claim are also addressed by introducing an institution with the power to enforce the law.

Latin America's experience in dispute settlement within WTO: the cases of technical standards, sanitary and phytosanitary measures and intellectual property

Includes Bibliography

Dispute Settlement Alternatives in Future EU BITS. IES WORKING PAPER 1/2012

Following the inclusion of the Common Commercial Policy in the exclusive competences of the European Union, a handful of policy adjustments have occurred. Among these adjustments, investment protection has been a remarkable one - given its new, exclusive framework and an already established, state-level practice. As the new policy stands, Bilateral Investment Treaties, which had been negotiated and executed by the EU Member States in the pre-Lisbon period, can now only be negotiated and executed by the EU. These prospective ‘EU BITs’, inter alia, aim for an even stronger mechanism for the protection of investors both in the EU and in third states. A strong protection mechanism inevitably calls for a strong Dispute Settlement Mechanism, and the establishment of a DSM may prove to be challenging. The EU currently faces several questions on its path to a tangible and reliable ‘EU BIT’, and arguably the most outstanding one is the question of the DSMs to be incorporated in these new agreements. What are the alternatives of a DSM for these new BITs? Which alternatives are currently utilizable and which ones are not? What are the current problems that the EU face, and how can those problems be tackled? Is the International Centre for Settlement of Investment Disputes an alternative, and if not, why? Following a thorough overview, this paper aims to analyse the DSM alternatives for the EU to be used in the new EU BITs and ultimately provide a solid DSM proposal.

The trials and tribulations of partnerships in refugee settlement services in Australia

The ascendency of neoliberal ideas in education and social policy in the 1980s and 1990s was succeeded in the new millennium by a ‘new’ social democratic commitment with emphases on community empowerment, building social capital and a ‘whole of government’ approach to partnering with civil society to meet community needs. In Australia this approach has resulted in the development of partnerships between schools and community organisations formed as part of a targeted, holistic approach to service delivery to meet the settlement and educational needs of refugee youth. Drawing on interviews conducted with community workers and government officers involved in the school-community partnerships, we document how these partnerships are working ‘on the ground’ in Queensland schools. We analyse our findings against the international literature on changing notions of neoliberal governance, and discuss the implications of the shift to the ‘partnering state’ for schools and community organisations working with refugee young people.

Google book search settlement : implications for Australia

In 2005, the Association of American Publishers (AAP) and the Authors Guild (AG) sued Google for ‘massive copyright infringement’ for the mass digitization of books for the Google Book Search Project. In 2008, the parties reached a settlement, pending court approval. If approved, the settlement could have far-reaching consequences for authors, libraries, educational institutions and the reading public. In this article, I provide an overview of the Google Book Search Settlement. Firstly, I explain the Google Book Search Project, the legal questions raised by the Project and the lawsuit brought against Google. Secondly, I examine the terms of the Settlement Agreement, including what rights were granted between the parties and what rights were granted to the general public. Finally, I consider the implications of the settlement for Australia. The Settlement Agreement, and consequently the broader scope of the Google Book Search Project, is currently limited to the United States. In this article I consider whether the Project could be extended to Australia at a later date, how Google might go about doing this, and the implications of such an extension under the Copyright Act 1968 (Cth). I argue that without prior agreements with rightholders, our limited exceptions to copyright infringement mean that Google is unlikely to be able to extend the full scope of the Project to Australia without infringing copyright.

Mining agreements : negotiated frameworks in the Australian minerals sector

Discusses the role of negotiated frameworks as a regulatory mechanism in the development of Australia's premier industry of the 20th century.

Settlement geography of African refugee communities in Southeast Queensland : an analysis of residential distribution and secondary migration

Before 2001, most Africans immigrating to Australia were white South Africans and Zimbabweans who arrived as economic and family-reunion migrants (Cox, Cooper & Adepoju, 1999). Black African communities are a more recent addition to the Australian landscape, with most entering Australia as refugees after 2001. African refugees are a particularly disadvantaged immigrant group, which the Department of Immigration and Multicultural Affairs (in the Community Relations Commission of New South Wales, 2006) suggests require high levels of settlement support (p.23). Decision makers and settlement service providers need to have settlement data on the communities so that they can be effective in planning, budgeting and delivering support where it is most needed. Settlement data are also useful for determining the challenges that these communities face in trying to establish themselves in resettlement. There has been no verification of existing secondary data sources, however, or previous formal study of African refugee settlement geography in Southeast Queensland. This research addresses the knowledge gap by using a mixed-method approach to identify and describe the distribution and population size of eight African communities in Southeast Queensland, examine secondary migration patterns in these communities and assess the relationship between these geographic features and housing, a critical factor in successful settlement. Significant discrepancies exist between the primary data gathered in the study and existing secondary data relating to population size and distribution of the communities. Results also reveal a tension between the socio-cultural forces and the housing and economic imperatives driving secondary migration in the communities, and a general lack of engagement by African refugees with structured support networks. These findings have a wide range of implications for policy and for groups that provide settlement support to these communities.

Health status and use of health services among recently arrived men with refugee backgrounds: A comparative analysis of urban and regional settlement in South-east Queensland

Approximately one-third of refugee and humanitarian entrants to Australia are adult men. Many of these men and their families settle in regional areas. Little is known about the health status of refugee men and the use of health services, and whether or not there are differences between those living in urban and regional areas. This paper reports on the cross-sectional differences in health status and use of health services among a group of 233 recently arrived refugee men living in urban and regional areas of South-east Queensland. Overall, participants reported good levels of subjective health status, moderate to good levels of well-being, and low prevalence of mental illness. Men living in urban areas were more likely to have a longstanding illness and report poorer health status than those settled in regional areas. In contrast, men living in regional areas reported poorer levels of well-being in the environment domain and were more likely to visit hospital emergency departments. Targeted health promotion programs will ensure that refugee men remain healthy and develop their full potential as members of the Australian community. Programs that facilitate refugees’ access to primary health care in regional areas may promote more appropriate use of hospital emergency departments by these communities.