Issue 8 – July 2014

TOPICS: Irak, Sudan, Roșia Montană, ADR, ODR, Mediation, Romania. 

Coordinator:
Christian Chereji and Alexandra Mihali

Content – Sommaire:
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ARTICLES in Issue 8 – July 2014:

 

The Summer Crisis in Iraq: Overview and Causes

Iustin MUREȘANU-IGNAT

Abstract:
The aim of this paper is to present an overview of the current conflict taking place in
Iraq by analyzing some of the structural and immediate causes, or triggers, that led to the events unfolding in Iraq. In addition, our article tries to establish how the conflict in Iraq constitutes an international crisis, and the relations between conflict and crisis for this particular case study.

Key words:
Middle East, Iraq, ISIS, Shia Islam, Sunni Islam, crisis, conflict, war, the United States,
Russia, Saudi Arabia.

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Peace and Power Sharing in Sudan

Roman-Gabriel OLAR

Abstract:
The Comprehensive Peace Agreement (CPA) between the Government of Sudan and the
Sudan People’s Liberation Movement/Army (SPLM/A) brought an end to Africa’s longest civil war. Although received with great enthusiasm, many were skeptical on how well its provisions would manage to thwart the resurgence to war and to lead to the independence of South Sudan. The current paper analyzes the interim period of the Comprehensive Peace Agreement and tries to answer the following question: how did the power-sharing agreement design of the CPA contribute to avoiding the resurgence of the civil war? The main argument of the paper is that power sharing agreements create interdependent relations between adversaries and the different levels of power sharing (political, economic, military and territorial) helped keep a fragile peace. The conclusion is that pragmatic power sharing agreements can bring peace under the most severe conditions.

Key words:
Power-sharing, conflict resolution, Sudan, South Sudan, peace building.

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Roșia Montană – A Step Towards Peace

Ofelia ZAHA

Abstract:
From an anonymous village in the Apuseni Mountains, Roşia Montană has managed to
capture national and international attention not because of its gold, beauty, history and cultural value – there are many places that are better in these departments, but because it awakened an entire nation to reconsider its priorities. This conflict has brought on the biggest manifestations since the revolution and thus cannot be ignored. The situation has been approached in many ways by both parties through essays, research, and studies. Presentations have been made, books have been written, and movies have been shot; always, however, with an ulterior motive and never from a neutral perspective. The moment has come to put aside the drama and pursue an objective angle. This study takes a tour through all the major conflict analysis tools, which are combined with field research in order to bring light and clarity to the dispute. Much like a mediator, the paper intends to guide the parties on a resolution path by giving them insight about each other.

Kew words:
Roşia Montană, conflict, protests, Romanian manifestations, environmental revolution,
gold mining, neo-liberalism, conflict resolution, structural causes.

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ADR and ODR in Romania – Future Challenges

Ciprian TANUL

Abstract:
In 2013, new EU legislation came into force in the area of consumer protection by means
of alternative dispute resolution and online dispute resolution. The Directive 2013/11/EU (Directive on consumer ADR) and the Regulation (EU) no. 524/2013 (Regulation on consumer ODR) are both legally binding acts. However, if the Directive needs transposition into national law for its applicability – the deadline for adoption of the necessary provisions by laws, regulations or administrative acts being 9th of July 2015, the Regulation is directly applicable in all Member States. Some of its articles are already applicable and binding, others shall apply from 9th of January 2016. This present
paper aims to present the evolution of ADR and ODR in the EU law and some of the challenges which the Romanian authorities but also the Romanian enterprises and citizens may encounter in order to make good use of these particular pieces of legislation.

Kew words:
Directive on consumer ADR, Regulation on consumer ODR, Out-of-court dispute settlement, Directive 2013/11/EU, Regulation (EU) no. 524/2013.

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Mediating Sexual Assault Cases in Romania – An Apocalyptic Scenario or Proper Victim-Offender Mediation?

Ciprian SANDU 

Abstract:
In today’s traditional system, rape is probably the easiest crime to allege and the hardest
to prove. According to the Romanian Police, every four seconds a rape takes place. Unfortunately, only a few of them are known and even fewer brought in front of a court. The reasons are many and will be presented in this article. Another subject will be the last modification of the mediation Law in Romania. It caused a long debate between NGO’s and mediators backed by the Government about the introduction of rape between the disputes that must be brought to an informative meeting about mediation before going to court. This article identified the outcomes and risks of this procedure in order to find out if the mediation procedure can be used in Romania for such cases.

Kew words:
Mediation, victim-offender mediation, restorative justice, rape, criminal justice system.

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