An examination of the role of community in late pre-Hispanic and early colonial Peru.

This thought-provoking book examines the scope, benefits and challenges of negotiated settlements as an enforcement mechanism in bribery cases, and demonstrates the need for a more harmonized and principled approach to deterring corporate bribery. Written by a global team of experts with backgrounds in legal practice, policy work and academia, it offers a truly international perspective, considering negotiated settlements in view of a variety of different legal systems and traditions.

Timely and pathbreaking, Securing the Peace is the first book to explore the complete spectrum of civil war terminations, including negotiated settlements, military victories by governments and rebels, and stalemates and ceasefires. Examining the outcomes of all civil war terminations since 1940, Monica Toft develops a general theory of postwar stability, showing how third-party guarantees may not be the best option. She demonstrates that thorough security-sector reform plays a critical role in establishing peace over the long term. Much of the thinking in this area has centered on third parties presiding over the maintenance of negotiated settlements, but the problem with this focus is that fewer than a quarter of recent civil wars have ended this way. Furthermore, these settlements have been precarious, often resulting in a recurrence of war. Toft finds that military victory, especially victory by rebels, lends itself to a more durable peace. She argues for the importance of the security sector--the police and military--and explains that victories are more stable when governments can maintain order. Toft presents statistical evaluations and in-depth case studies that include El Salvador, Sudan, and Uganda to reveal that where the security sector remains robust, stability and democracy are likely to follow. An original and thoughtful reassessment of civil war terminations, Securing the Peace will interest all those concerned about resolving our world's most pressing conflicts.

Disputes arising from foreign investment activities are on the increase, and with them a growing awareness among practitioners of a greater variety of settlement methods than most legal analyses have dealt with heretofore. With the experience gained in recent years from a broad spectrum of successful negotiation, arbitration, and litigation techniques, it is possible to derive a comprehensive, critical survey of the principal methods of settling foreign investment disputes. This outstanding book masterfully provides such a survey. The Settlement of Foreign Investment Disputes in International Law treats the subject systematically, dealing first with the internal balances within modern foreign investment contracts, the complexities that arise due to state participation or interference in these contracts, and the stances that are taken when disputes arise. It goes on to examine, in turn, the main issues involved in negotiation, arbitration, and judicial settlement as the methods of settling foreign investment disputes, discussing the controversial themes in each of these methods in detail. Recognizing that the focus of attention is shifting to the misconduct of multinational corporations, the last chapter contains a discussion of the role of domestic courts.

The recent efforts to reach a settlement of the enduring and tragic conflict in Darfur demonstrate how important it is to understand what factors contribute most to the success of such efforts. In this book, Caroline Hartzell and Matthew Hoddie review data from all negotiated civil war settlements between 1945 and 1999 in order to identify these factors. What they find is that settlements are more likely to produce an enduring peace if they involve construction of a diversity of power-sharing and power-dividing arrangements between former adversaries. The strongest negotiated settlements prove to be those in which former rivals agree to share or divide state power across its economic, military, political, and territorial dimensions. This finding is a significant addition to the existing literature, which tends to focus more on the role that third parties play in mediating and enforcing agreements. Beyond the quantitative analyses, the authors include a chapter comparing contrasting cases of successful and unsuccessful settlements in the Philippines and Angola, respectively.

Describes a method of negotiation that isolates problems, focuses on interests, creates new options, and uses objective criteria to help two parties reach an agreement.

After a war breaks out, what factors influence the warring parties' decisions about whether to talk to their enemy, and when may their position on wartime diplomacy change? How do we get from only fighting to also talking? In The Costs of Conversation, Oriana Skylar Mastro argues that states are primarily concerned with the strategic costs of conversation, and these costs need to be low before combatants are willing to engage in direct talks with their enemy. Specifically, Mastro writes, leaders look to two factors when determining the probable strategic costs of demonstrating a willingness to talk: the likelihood the enemy will interpret openness to diplomacy as a sign of weakness, and how the enemy may change its strategy in response to such an interpretation. Only if a state thinks it has demonstrated adequate strength and resiliency to avoid the inference of weakness, and believes that its enemy has limited capacity to escalate or intensify the war, will it be open to talking with the enemy. Through four primary case studies—North Vietnamese diplomatic decisions during the Vietnam War, those of China in the Korean War and Sino-Indian War, and Indian diplomatic decision making in the latter conflict—The Costs of Conversation demonstrates that the costly conversations thesis best explains the timing and nature of countries' approach to wartime talks, and therefore when peace talks begin. As a result, Mastro's findings have significant theoretical and practical implications for war duration and termination, as well as for military strategy, diplomacy, and mediation.

Why do some civil wars end in successfully implemented peace settlements while others are fought to the finish? Numerous competing theories address this question. Yet not until now has a study combined the historical sweep, empirical richness, and conceptual rigor necessary to put them thoroughly to the test and draw lessons invaluable to students, scholars, and policymakers. Using data on every civil war fought between 1940 and 1992, Barbara Walter details the conditions that lead combatants to partake in what she defines as a three-step process--the decision on whether to initiate negotiations, to compromise, and, finally, to implement any resulting terms. Her key finding: rarely are such conflicts resolved without active third-party intervention. Walter argues that for negotiations to succeed it is not enough for the opposing sides to resolve the underlying issues behind a civil war. Instead the combatants must clear the much higher hurdle of designing credible guarantees on the terms of agreement--something that is difficult without outside assistance. Examining conflicts from Greece to Laos, China to Columbia, Bosnia to Rwanda, Walter confirms just how crucial the prospect of third-party security guarantees and effective power-sharing pacts can be--and that adversaries do, in fact, consider such factors in deciding whether to negotiate or fight. While taking many other variables into account and acknowledging that third parties must also weigh the costs and benefits of involvement in civil war resolution, this study reveals not only how peace is possible, but probable.

We all want to get to yes, but what happens when the other person keeps saying no? How can you negotiate successfully with a stubborn boss, an irate customer, or a deceitful coworker? In Getting Past No, William Ury of Harvard Law School’s Program on Negotiation offers a proven breakthrough strategy for turning adversaries into negotiating partners. You’ll learn how to: • Stay in control under pressure • Defuse anger and hostility • Find out what the other side really wants • Counter dirty tricks • Use power to bring the other side back to the table • Reach agreements that satisfies both sides' needs Getting Past No is the state-of-the-art book on negotiation for the twenty-first century. It will help you deal with tough times, tough people, and tough negotiations. You don’t have to get mad or get even. Instead, you can get what you want!