Suchergebnisse

OBJETIVO: la reconciliación asegurada por el Derecho se demuestra a menudo insuficiente y lenta en la efectiva solución del conflicto. La mediación, como nueva forma democrática del "hacer justicia" en los conflictos sociales, es un nuevo proyecto para la contención de los tiempos, de los costes, del formalismo y de la rigidez del juicio ordinario y que al mismo tiempo puede llevar a cabo una justicia psicológica cercana a los individuos. MÉTODO: investigaciones en los Tribunales, en los Organismos de mediación y comparación de análisis estadísticos nacionales sobre la mediación y sobre juicios pendientes del 2012 al 2015. RESULTADOS: las indagaciones estadísticas y las investigaciones enfatizan que la mediación en Italia, desde el momento de entrada en vigor (marzo 2011) de la Ley 28/2010 a hoy, es un organismo utilizado cada vez más como sistema de gestión de conflictos mejorando, por tanto, las relaciones sociales y reduciendo los tiempos y costes de la justicia. Desde el 2014 al 2015 las causas han disminuido un 9,5% y el porcentaje de los intentos obligatorios de mediación respecto al total de los procedimientos de mediación, en el 2015, ha sido del 81,6%. Es más, las estadísticas demuestran cómo con la participación directa de las partes, aumentan las resoluciones de controversias. De hecho, cuando la parte invitada comparece, lo que sucede en el 44,9% de los casos, el éxito positivo de las mediaciones es del 43,5%. CONCLUSIONES: la mediación no es una simple técnica para resolver conflictos, sino un proyecto de sociedad nueva que está contribuyendo a pasar de un orden antiguo, pensado como sometimiento del ciudadano a las decisiones superiores, a un orden innovador, útil en el tercer milenio, basado en la participación real y activa del individuo en la gestión de la vida cotidiana colectiva. La mediación es una bisagra fundamental para poder llevar a cabo un salto de cualidad en la gestión de conflictos. Sería oportuna una masiva campaña mediática que hiciera conocer a los ciudadanos la verdadera cara y potencialidad de la mediación. ; OBJECTIVE: the pacification ensured by law it is often inadequate and slow for the effective solution of the conflict. Mediation, as a new democratic form of "justice" in social conflicts, is a new project to save time, costs, the formality and rigidity of the ordinary proceedings and at the same time it can implement a psychological justice nearby individuals. METHOD: researches in the Courts, in mediation systems and comparison of national statistical surveys on mediation and on pending cases from 2012 to 2015. RESULTS: statistical surveys and researches put in evidence that mediation in Italy, since the entry into force (March 2011) of the Law 28/2010 to date, is increasingly used as a party-sharing system institution and no more as order imposed for conflict management improving, therefore, social relationships and reducing time and costs of criminal proceedings. From 2014 to 2015 the causes decreased by 9.5% and the percentage of mandatory mediation efforts compare to the total of the mediation processes, always in 2015, was equal to 81.6%. And yet, statistics show that, with the direct participation of the parties, increase the solution of the disputes. In fact, when the referred persons appear, and what it happens in 44.9% of cases, the positive outcome of mediations is about 43.5%. CONCLUSION: mediation is not a simple technique to resolve conflicts, but a project of a new society that is helping to pass from the ancient order as submission of the citizen to superior decisions towards an innovative order, to be used in the third millennium, based on real and active participation of the individual to the collective management of everyday life. Mediation is an unbreakable key to make a quantum leap in conflict management. It would be opportune massive media campaign to make citizens aware of the true face and the potential of mediation.

Dopo aver analizzato il conflitto, le sue funzioni e le modalità di gestione, l'autore si sofferma dapprima sulle varie tipologie di mediazione per poi focalizzare l'attenzione sulla mediazione civile e commerciale evidenziando i dati disponibili dall'entrata in vigore del tentativo obbligatorio come condizione di procedibilità della domanda giudiziale per le materie civili, alla fine del 2013. ; After analyzing the conflict, its functions and how to manage, the author dwells on the various types of mediation first and then focus on civil and commercial mediation highlighting the data available from the entry into force of the mandatory attempt as condition of admissibility of the claim for civil matters, at the end of 2013.

Mediation of violent political conflicts in Africa: "A niche diplomacy" for Burkina FasoOne of the main obstacles to the development of African countries is the recurring presence of political conflicts of different intensity. After the fall of the Berlin Wall, the way to resolve conflicts has changed by favouring an approach closer to the mediation model. Specifically, in this article we will examine the idea of "niche diplomacy" linked in particular to the country's international experience in neighbouring conflict theatres, in order to explain the strategic reasons of such mediation activity by outlining its potential and contradictions.

Within the Italian criminal justice system, the role of the victim has become increasingly important. Despite this trend, the victim still stands on the edge of the post-sentencing stage. This is reflected in the fact that the topic of the victim-offender mediation has been analysed deeply as a kind of diversion to the trial but not, or at least far less, in relation to the issues concerning the enforcement of penalty. The paper is aimed at filling this gap. As a starting point, it is to be highlighted that the irrevocability of the conviction poses advantages but also critical aspects in the perspective of reconciliation. In this context, surely the effort of the convicted person to review his/her criminal past critically and rebuild his/her relationships with the victim plays a central role. However, according to the restorative justice model, an interaction between the victim and the offender shall take place. This means that both parties have to assume a proactive role in the attempt of mutually rectifying, with the assistance of a mediator, the conflict originated by the commission of the offence. The analysis of both the provisions and the case law on probation (article 47 comma 7 ord. penit.) and volunteer work (art. 21 comma 4-ter ord. penit.) points out that the mentioned key-principles are not abided. Against this background, a radical change is proposed in order to introduce a mediation model based on individualized and relational elements in the post-sentencing stage. ; Nel sistema italiano, la vittima, sebbene abbia assunto un ruolo di crescente importanza, resta ai margini della fase di esecuzione della pena. All'indifferenza legislativa se ne aggiunge un'altra: il tema della mediazione – al centro di diffuse analisi sul piano delle possibili alternative al rito ordinario – risulta esaminato in modo superficiale nel quadro delle dinamiche esecutive. L'articolo intende offrire un contributo utile a colmare questa lacuna. Nelle linee di fondo, il tratto distintivo della mediazione in executivis è ...

Reconstruction by 'scattered fragments' of the history of Europe, from myth to contemporary political philosophy, following the concept of the Polis as the mediation place in the conflict between law and violence. Mediation impossible, because the very origin of the law is just the violence, that it should regulate. Of this impossibility the contemporary nihilism is the awareness; the modern Metropolis – of which Vitiello depicts the 'peculiar' logic – is the actual experience. The conflicts of our time testify with the evidence of facts the great difficulty in accepting this 'new' logic. ; Reconstruction by 'scattered fragments' of the history of Europe, from myth to contemporary political philosophy, following the concept of the Polis as the mediation place in the conflict between law and violence. Mediation impossible, because the very origin of the law is just the violence, that it should regulate. Of this impossibility the contemporary nihilism is the awareness; the modern Metropolis – of which Vitiello depicts the 'peculiar' logic – is the actual experience. The conflicts of our time testify with the evidence of facts the great difficulty in accepting this 'new' logic.

[Mediation in health care. Inappropriate use of ionizing tests, informed consent and opportunity of Legislative Decree n. 28/2010]Inappropriate use of ionizing tests in medicine represents an increasing trend, which causes noteworthy damages to health, as well as a huge increment of health expenditures, waiting lists, organizational conflicts, judicial disputes, and insurance compensations. This phenomenon is strictly related to the key bioethical and legal issue of patient's autonomy, which is protectable by means of a correct implementation of informed consent. The current practice of the passive signature on incomplete and unreadable informed consent templates belongs to the so-called "event-based" approach. This practice mortifies the patient's right to decide freely and deliberately, being him unaware of the biological consequences of diagnostic-therapeutic interventions on himself and on his progeny's health. On the other hand, physicians themselves are not protected, since they can generate arbitrary clinical acts more frequently, with heavy deontological and legal consequences. Conversely, a "process-based" approach is necessary, which conveys informed consent in a series of other clinical and organisational processes towards a full therapeutic alliance among physician and patient. Actually, in both the presence and absence of the inauspicious event recurring also in the area of imaging as well as in other specialist areas, an arbitrary informed consent is the cause of deep conflicts, especially at relational level, between physician and patient. The authors suggest – in both juridical and communication perspectives – that these conflicts deserve to be properly analyzed and brought to the surface by the parties through the tool of mediation in healthcare, provided by Legislative Decree n. 28/2010. This tool is oriented not so much towards a technical solution at all costs, as towards a reconstruction of the care relationship, which unfortunately is lacking in the current way of conceiving and managing informed consent.

[Mediation in health care. Inappropriate use of ionizing tests, informed consent and opportunity of Legislative Decree n. 28/2010]Inappropriate use of ionizing tests in medicine represents an increasing trend, which causes noteworthy damages to health, as well as a huge increment of health expenditures, waiting lists, organizational conflicts, judicial disputes, and insurance compensations. This phenomenon is strictly related to the key bioethical and legal issue of patient's autonomy, which is protectable by means of a correct implementation of informed consent. The current practice of the passive signature on incomplete and unreadable informed consent templates belongs to the so-called "event-based" approach. This practice mortifies the patient's right to decide freely and deliberately, being him unaware of the biological consequences of diagnostic-therapeutic interventions on himself and on his progeny's health. On the other hand, physicians themselves are not protected, since they can generate arbitrary clinical acts more frequently, with heavy deontological and legal consequences. Conversely, a "process-based" approach is necessary, which conveys informed consent in a series of other clinical and organisational processes towards a full therapeutic alliance among physician and patient. Actually, in both the presence and absence of the inauspicious event recurring also in the area of imaging as well as in other specialist areas, an arbitrary informed consent is the cause of deep conflicts, especially at relational level, between physician and patient. The authors suggest – in both juridical and communication perspectives – that these conflicts deserve to be properly analyzed and brought to the surface by the parties through the tool of mediation in healthcare, provided by Legislative Decree n. 28/2010. This tool is oriented not so much towards a technical solution at all costs, as towards a reconstruction of the care relationship, which unfortunately is lacking in the current way of conceiving and managing informed consent.

The article explores the political space from the perspective of contemporary cities and political subjectification within them. Today the Right to the City is mainly configured as a right to transform urban spaces, adapting them to plural and different life forms. A plurality of conscious and responsible political subjects occupies and crosses the urban space, often changing sign and direction of sedimented normative representations. We can say that these forms of political subjectification exceed the incl usion/exclusion dialectics, establishing themselves into a selective and differential logic of inclusion. A logic that works both through strategies of adaptation and resistance, of mediation and counter conduct. containing elements of conflict.

The global landscape of mediation could be observed as an uneven picture represented by the variety of denominations, styles and approaches, modes of access and the varied nature of the institution of mediation. These differences have an impact on the way mediation is considered and applied in both theory and practice. National legal and political structures, cultural attitudes towards conflict and dispute resolution, and the solutions adopted vary greatly from one nation to another. Despite the path towards universality and recognition of the benefits of mediation at national and international levels, it is too early to say what the future of mediation will be and whether it will be possible to ensure a synergistic implementation of mediation in the global context. The relationship of mediation with the courts and its integration into the justice system, although an issue subject to much debate and evaluation, does not constitute a common framework and remains a point of reference for ongoing scientific research aimed at developing the best strategies and practices best suited to the needs of the parties. Despite criticism of the legitimacy of compulsory referrals to mediation, the reality today is that compulsory mediation cases make up the majority of mediation initiated through the judicial system. The last two decades can be characterised as a continuous encouragement for the use of mediation coming from international organisations that attempted, and still attempt, to provide a basic legal framework, based on the values and potentials of mediation encapsulated in its ability to reform a legal system of justice. Mediation, being a little-known method of dispute resolution, has received considerable attention from the main "players" in the international market (UNCITRAL, EU, WIPO, Council of Europe) which has influenced the national path of mediation towards "mobilisation". The revival of mediation, as well as the method of dispute resolution, has attracted my attention focusing on a subject that has often challenged the problems and effectiveness of civil law and common law systems in the development of the European and international internal market. The structures and environment, the practical (the nuances of the language of the norm used) and legal context of mediation, as well as the results of mediation have yet to be explored from a global and comparative perspective. At the same time, many critical or undefined issues remain on the mediation process. Post-Soviet countries (Ukraine, Georgia, Russian Federation) have been my primary interest in identifying strengths and weaknesses of the regulatory regime for national and cross-border mediation and have become a starting point for further research. I used a benchmarking methodology within a system called "Regulatory Robustness Rating System" ("Regulatory Robustness Rating – RRR", Kluwer Law International, 2017). The RRR system is elaborated in a detailed and explanatory manner by N. Alexander and is aimed at providing potential legal advisors and other actors in cross-border/international mediation processes with a quicker knowledge of the main features of the regulatory environment in which mediation will take place, stressing the importance of accessibility and predictability of the Mediation Law. Part I of the Thesis discusses the approaches of the regulative regimes and the principal foundations of mediation process and its increase popularity Part II describes the dimensions of legal mediation's in Russian Federazione, and in the alternative and comparative perspective Part III and part IV analized the mediation regimes and principle in Georgia and Ucraine.

Il tema della tesi è la gestione e valorizzazione dei boschi in alcune valli delle Alpi orientali nel corso dell'Ottocento. In particolare, la ricerca approfondisce gli effetti a livello locale di alcune trasformazioni giuridico-amministrative relative all'utilizzo delle risorse ambientali introdotte nel periodo napoleonico e poi portate avanti durante la Restaurazione. L'analisi è stata condotta su un'area circoscritta – la zona del Cadore, corrispondente alla parte settentrionale dell'attuale provincia di Belluno – per un periodo di tempo relativamente limitato – i 60 anni che intercorrono tra l'introduzione del modello amministrativo francese a inizio Ottocento e l'annessione di questi territori al Regno d'Italia (1866). Ho scelto un approccio di ricerca che coniugasse le consolidate acquisizioni della storia politico-amministrativa con le recenti proposte della storia ambientale, e l'ambito individuato è quello della valorizzazione delle risorse forestali. Il motivo di questa scelta è semplice: in quest'area di montagna, il bosco e i diversi utilizzi che se ne facevano erano la risorsa principale e assumevano un'importanza vitale per la popolazione. Allo stesso tempo, il controllo sulle risorse forestali, sia per garantire i flussi di legname verso le aree urbane sia per limitare il dissesto idrogeologico, era considerato tema strategico in ambito governativo, e la sua rilevanza crebbe durante il processo di centralizzazione del potere statale nel corso dell'Ottocento. Ho adottato una scala d'analisi locale e microanalitica che si discosta dall'approccio solitamente utilizzato nello studio di questi temi, tendente a favorire ricerche su ambiti territorialmente più vasti, nazionali o regionali. Questa scelta consente di concentrare l'analisi non solo sulle politiche forestali adottate a livello governativo, quanto sulla loro concreta ricezione, contrattazione e applicazione a livello locale. Infine, l'approccio microanalitico mi ha permesso di mettere in relazione questi aspetti con altri fattori, di natura istituzionale ed economico-sociale, che influirono in egual misura sulla gestione delle risorse boschive. ; The subject of this research is the use and the management of forest in few valleys of Eastern Alps during the nineteenth century. In particular, the research examines the effects at the local level of some judicial transformations concerning the use of natural resources introduced during the Napoleonic period and carried out after the Restoration. Geographically, this investigation is concentrated on the area of Cadore, the northern part of Belluno Province. Chronologically, it focuses on the period between the Napoleonic administration of this territory, at the beginning of nineteenth century, and its annexation to the Kingdom of Italy (1866). The research approach combines the consolidated acquisitions of institutional history with the recent proposals of environmental history. The preferred field of analysis is the management of common woodlands. The reason for this choice is simple: in this mountainous area, the attitude adopted to forest resources was crucial to sustaining local population. At the same time, during the nineteenth century State centralization process, forest control was becoming a strategic issue for the governmental authorities, intent on guaranteeing the long-term supplies of timber necessary for urban areas, and limiting down stream hydro-geological flood risk. Rather than the macro-analytic regional or national territorial scale on which studies of similar phenomena are often conducted, I have selected a local and micro-analytical approach. This choice allowed me to focus not only on the forest policies introduced by the government; it also facilitated analysis of these administrative transformations in respect of their reception, application, and mediation at the local level. Finally, the micro-analytical approach allows correlating these aspects with other factors that equally influenced forest resources management, both institutional and socio-economical.

The reception of German culture in Italy, starting from the mid-eighteenth century, takes shape within an increasingly ramified network of mediators and mediation structures. Academies, universities, publishing houses and magazines mark the perimeter within which the activity of intellectuals animated by multiple interests unfolds, linked to a transnational conception of their profession and often able to intercept early tendencies and movements still at an initial state, creating the conditions for their incardination into Italian culture. A circulation of ideas that accompanies the development of social and political relations between the two countries, often providing incisive interpretation tools for tensions, conflicts and rapprochements.

Between the legislative rule of law (Rechtsstaat) of the nineteenth century and the constitutional State of the twentieth century there is a paradigmatic leap, characterized by the transition from a systemic and functionalistic legal consciousness (instrumental to the socio-political order) to a "personalistic" one. In this sense, the very notion of person in the constitutional State receives a new shape, characterized by the unavailable value of the person-in-relation: it constitutes an inclusive notion, always opened to social transformations, through mutual recognition between social institutions and actors. Such a recognition reveals itself as based on the thoughtful protec-tion of fundamental rights universally recognized to all, but at the same time balanced by jurisprudence, in the case of the onset of conflicts, through the principles of proportionality and reasonableness that have always characterized juridical mediations.

(Family nicknames and segments of kinship in Liguria [16th-20th centuries]) Family nicknames provide a useful tool to understand the inner structure of kinship during the ancient régime. This paper charts the ways in which collective nicknames were shaped and reshaped within a Ligurian village between the 16th and the 20th centuries. Such development is linked with the process of cohesion and disruption that runs through a hegemonic kinship from a demographic, economic and political point of view. According to our findings, far from being an essencially monolithic and solidaristic structure, kinship betrayes a complex inner configuration, and one made up of ruptures, alliances, conflicts and mediations among segments of competing kins. Recurring first names as further signs of identification of subkinship segments are also examined and the paper casts light upon the meaning of such segments in their relationship with the commons and usage of material resources, prerogatives and symbolic value. ; On this topic: Massimo Angelini: L'enigma Garibaldo - Invenzione della tradizione, parentele e comunanze in un villaggio rurale di antico regime. Pentàgora, Savona 2012

Northwestern Transcaucasia is one of the post-Soviet areas most affected by regional cleavages and ethno-political conflicts. Following the fall of the Russian Empire, Georgia tried to build its own statehood, while in Abkhazia and South Ossetia there was a confrontation between Kartvelian communities oriented towards Tbilisi and the Abkhazian and Ossetian ones facing Moscow and Ciscaucasia. With the Sovietization of Transcaucasia in 1921 and the creation of the Georgian Soviet Socialist Republic (GSSR), South Ossetia was converted to an Autonomous Oblast within the GSSR, while Abkhazia became a proper SSR (albeit with an ambiguous Union Treaty with the GSSR) but, in 1931, it was downgraded to an Autonomous Soviet Socialist Republic within the GSSR. For at least a decade after their Sovietization, Abkhazia and South Ossetia could benefit from a certain cultural and linguistic autonomy, but from the second half of the 1930s they were affected by a growing policy of Georgianization and, in the Abkhazian case, also by a massive Kartvelian immigration. After Stalin's death and Beria's execution in 1953, Abkhazians and South Ossetians experienced a new phase of broadening their cultural and linguistic rights. The following decades were characterized by the deepening of the contraposition and mutual stimulation dynamics between Abkhazian and Ossetian national identities and the Georgian one. In the second half of the 1980s, radical nationalism progressively imposed its hegemony over Georgian society and, in 1990, the GSSR parliament assumed the objective of the country's independence. Consequently, the Abkhazian and South Ossetian legislative assemblies proclaimed their own sovereign republics. Then, in January 1991 Georgia attacked South Ossetia, resulting in the outbreak of military conflict in the region, during which both Tbilisi and Tskhinval declared their independence. In 1992, following the coup against the nationalist Gamsakhurdia and Shevardnadze's return as Georgian leader, a ceasefire agreement between Tbilisi and Tskhinval was reached in June with Russian mediation, consolidating South Ossetian control over most of the region. Soon, the Conference on Security and Co-operation in Europe (CSCE) was involved in the ceasefire monitoring process, but failed to foster concrete steps towards a negotiated solution to the Ossetian-Georgian political conflict. Contextually, inter-ethnic tensions grew in Abkhazia and, in August 1992, Georgia militarily attacked the region, initially conquering a large part of it but subsequently suffering the progressive counter-offensive of the Abkhazians, who in September 1993 re-established their control over Sukhum and large part of the region. Meanwhile, in August 1993, the United Nations Observer Mission in Georgia (UNOMIG) had been established to monitor the conflict in Abkhazia. Following the Abkhazian military victory, a complex phase of Abkhazian-Georgian talks began, under the aegis of the United Nations and with the participation of the Russian Federation and the CSCE. Then, in May 1994, a ceasefire and separation of forces agreement was reached, with the establishment of a security zone on which a CIS peacekeeping contingent was deployed, and UNOMIG was expanded. Once the military dimension of the conflict was frozen, the parties were engaged in complex talks to reach a negotiated political solution, under the auspices of the UN and with an active role of Russia. However, the positions were no longer reconcilable: on the one hand, Tbilisi intended to establish its sovereignty over Abkhazia within the framework of a federalist compromise, on the other hand, Sukhum was willing to accept at most a confederal and symbolic solution. Therefore, in 1999, the parliament of the Republic of Abkhazia formally declared state independence, greatly reducing the prospects for a negotiated solution to the political conflict with Georgia.

Il coordinamento dell'aiuto pubblico allo sviluppo, evocato negli ultimi anni da più parti come la soluzione alla deludente efficacia degli aiuti è in realtà un argomento che nasce quasi contemporaneamente alle prime organizzazioni internazionali dedicate allo sviluppo . La funzione ambivalente delle Nazioni Unite, agente di mediazione diplomatica da un lato (mediazione tra stati e tra gruppi di potere all'interno dello stesso stato), e agente di sviluppo dall'altro, garantisce all'organizzazione un ruolo preminente nel coordinamento degli aiuti nei contesti di guerra e di post-conflitto. E' questa stessa ambivalenza che impone all'organizzazione un rapporto ufficiale con i territori sottosviluppati, incardinato nella relazione con i governi centrali degli stati. La critica radicale all'aiuto pubblico allo sviluppo individua tutte le distorsioni politiche ed economiche legate all'afflusso dei fondi, sottolineandone le aggravanti possibili laddove esista una discrasia tra gli obiettivi di sviluppo delle Nazioni Unite e quelli dell'élite che occupa le posizioni apicali dello stato. Questa ricerca attraverso un'analisi storica del contesto, mette in luce l'interazione tra il sistema degli aiuti e il sistema-paese in Tajikistan dall'ingresso delle organizzazioni ai giorni nostri. L'analisi dimostra infine che la struttura politico-economica radicata sul territorio, pur conservando i tratti di uno "stato predatorio" (tratti non alleviati bensì aggravati dalle distorsioni legate all'afflusso dei fondi per lo sviluppo), sfugge in realtà alla definizione stessa di "Stato". Questo dato rivela una debolezza insita nell'approccio metodologico del sistema degli aiuti che si fonda proprio sull'archetipo dello "Stato". ; The Official Development Assistance (ODA) coordination has been recently launched as a genuine mean to increase aid effectiveness. Actually, the "aid coordination" paradigm was born almost contemporaneously to the first international organizations dedicated to "development". The ambivalent function of the United Nation that acts both as an agent of diplomatic mediation (among states and among different lobbies within the borders of the same state), and as a development agent, guarantees to United Nations a preeminent role in the field of aid coordination in conflict and post-conflict contexts. It's this real ambivalence that compels the United Nations to deal with development countries through official relations with the central governments. The radical critique to development aid shows different political and economic distortions related to the incidence of foreign funds. At the same time, it underlines that wherever the goals of the official governments diverge from the development goals of the aid community these distortions might be even more burdensome for the country. This research, through an historical analysis, draws attention on the interaction among the development industry and the country-system in Tajikistan from the arrival of the international organizations to our days. The analysis demonstrates that the political and economic structure of the country, while maintaining the features of a "predatory state" (features which are not alleviated but worsened by the distortions brought about by the aid industry), simply do not comply with the definition of a "State". This result highlights an innate weakness of the aid industry methodological approach that is in fact, fully based on the political archetype of the "State".