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This chapter maps the history of efforts of Black Consciousness activists to rebuild their shattered armed wing post-1976. It advances the story in exile through a careful look at attempts at Black Consciousness organizing to restart their armed struggle. This tenaciousness, ever-present in the Azanian Black Nationalist Tradition, highlights the continued importance and relevance of Black Consciousness to the eventual fall of apartheid post-1977. They continued to fight up until 1993 despite the ANC actively obstructing and preventing state or NGO support from being given to organizations under the Black Consciousness banner. These newer formations (IRE, SAYRCO and AZANLA) would engage closely with the wider Third World Revolution and find ways to adopt different lessons, tactics, strategies, theories and perspectives into their ever-expanding political praxis. This did not lessen or dilute their Black Consciousness praxis; on the contrary, it complimented its theoretical and organizational capacities. Nevertheless, the lack of state support, unevenness in centring the gender question, the continued strength of the apartheid war machine and serious disagreements among different Black Consciousness factions hurt the movement in exile. Regardless, they continued to fight.
The most efficient and cost-effective way to resolve a dispute is through an agreed settlement, rather than a resource-consuming and costly adjudication through courts or arbitration.Parties increasingly use negotiation and mediation to resolve disputes, which policymakers, lawmakers and dispute organizations encourage.The Singapore Convention on Mediation recently introduced an international regime for the enforcement of international mediation settlement agreements.However, because it is not yet widely adopted and some settlements – such as negotiated settlements and settlements reached during an arbitration - may be outside of its scope, parties that want to ensure an effective international enforcement mechanism for their settlement may seek to have settlement converted into an arbitral award. This chapter considers the issues that may arise when seeking to turn a settlement into an arbitral award, including the timing of the settlement and the existence of a dispute to refer to arbitration, the interchangeability of the role of mediator and arbitrator, the exercise of arbitrators’ discretion to grant parties’ request for a consent award, and the status, form, and content of the consent award.
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