Alternative Dispute Resolution and Human Rights: Developing a Rights-Based Approach through the ECHR

McGregor, Lorna

doi:10.1093/ejil/chv039

Cited by 14 publications

(6 citation statements)

References 16 publications

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“…97 The ECtHR has not yet clearly distinguished waivable and non-waivable rights. 98 Moreover, the jurisprudence of the ECtHR has not developed a test to differentiate between the two. The only guidance is that a waiver of a right is not permissible if the letter or the spirit of the ECHR prohibits a waiver.…”

Section: Permissibility Of the Waivermentioning

confidence: 99%

Compatibility of Unilateral Option Clauses with the European Convention on Human Rights

Malyuta

2019

JLJ

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This article assesses the compatibility of unilateral option clauses with the ECHR. It distinguishes between the two types of such agreements: unilateral arbitration and unilateral litigation clauses. Unilateral arbitration agreements establish litigation as a default rule with an arbitration exception exercisable exclusively by a designated party (the beneficiary). Unilateral litigation clauses provide for arbitration as the default dispute resolution mechanism, but one party (the beneficiary) can choose litigation. The article argues that these clauses affect the safeguards of Article 6 ECHR differently. More specifically, I submit that unilateral litigation clauses entail a waiver of both the right of access to a court and the right of equal access to a court by the nonbeneficiary, whereas unilateral arbitration agreements result in a waiver by the nonbeneficiary only of the right of equal access to a court. The article further analyses unilateral option clauses in light of the requirements for a valid waiver of a right developed by the ECtHR. The paper concludes that these clauses are compatible with the ECHR because they constitute a valid waiver of the right of equal access to a court.

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Section: Permissibility Of the Waivermentioning

confidence: 99%

Compatibility of Unilateral Option Clauses with the European Convention on Human Rights

Malyuta

2019

JLJ

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“…Dispute resolution is often associated with formal work policies, governance, courts, and political situations [60,61]. Conflict resolution is often associated with the informal interactions between family, team members, colleges, and groups [62][63][64].…”

Section: What Is Conflict Management?mentioning

confidence: 99%

Complex Adaptive Systems: Adapting and Managing Teams and Team Conflict

Turner¹,

Baker²,

Morris³

2018

Organizational Conflict

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Complexity comes from dramatic structural changes to organizations and governments such as globalization, global competition, workforce diversity, and continual innovations. Complex adaptive systems (CAS) are organizations that are a composite of the interconnected whole. Teams must manage and operate in emerging ecosystems, understand factors that lead to team effectiveness when managing and facilitating teams and team conflict, and understand the development of conflict models. This chapter provides an overview of teams, CAS, conflict stages, and conflict models. This chapter presents adaptive leadership as one leadership style that offers organizations with the capabilities of reacting to changing environments quickly. Adaptive leadership offers a prescriptive approach for managers and leaders to follow when dealing with organizational conflict while operating in today's complex and global environment.

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“…The risk consists in exposing parties to power imbalances in the resolution of the dispute, and to potentially lower standards of justice than those presumably inherent in national courts. 110 In addition, even in the context of standardized contracts, complex legal questions arising from the interface of public and private international law in relation to access to justice as a human right 111 cannot be excluded and have only started to be mapped in legal scholarship. 112 A principled discussion on fairness and equity under a new BBNJ instrument could thus address issues around interpretation of standardized benefit-sharing contracts in light of public international law objectives, as understanding of equity and fairness issues evolves among relevant parties.…”

Section: Accruing Benefits Through Standardized Contractsmentioning

confidence: 99%

Fair and Equitable Benefit-Sharing in a New Treaty on Marine Biodiversity: A Principled Approach Towards Partnership Building?

Morgera

2018

SSRN Journal

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This article suggests a principled approach to the negotiations on benefit-sharing from the use of marine genetic resources under a new international legally binding instrument on marine biodiversity of areas beyond national jurisdiction (BBNJ). It first reflects on the terms in which benefit-sharing has been discussed in the BBNJ negotiations until now, which have been characterized by an operational concern for the type of benefits that could be accrued and distributed. It then contrasts the negotiations with insights arising from other international benefit-sharing regimes, with a view to suggesting a more principled approach focused on 'sharing' benefits 'fairly and equitably. ' This helps highlight the potential value added of benefit-sharing to foster deeper and cosmopolitan international cooperation (that is, a global partnership) vis-à-vis existing international obligations on marine scientific research, capacity building, marine technology transfer and the protection of the marine environment. The article then applies these considerations to the thorny and novel question of digital information on marine genetic resources of areas beyond national jurisdiction.

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Alternative Dispute Resolution and Human Rights: Developing a Rights-Based Approach through the ECHR

Cited by 14 publications

References 16 publications

Compatibility of Unilateral Option Clauses with the European Convention on Human Rights

Compatibility of Unilateral Option Clauses with the European Convention on Human Rights

Complex Adaptive Systems: Adapting and Managing Teams and Team Conflict

Fair and Equitable Benefit-Sharing in a New Treaty on Marine Biodiversity: A Principled Approach Towards Partnership Building?

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