caa a22 4500 388102926 CHVBK 20180307125328.0 cr unu---uuuuu 161130s1999 xx s 000 0 eng 10.1017/S002185530000872X doi S002185530000872X pii (NATIONALLICENCE)cambridge-10.1017/S002185530000872X Grande Elisabetta Alternative dispute resolution, Africa, and the structure of law and power: the Horn in context [Elektronische Daten] [Elisabetta Grande] Data collected by comparative legal scholars show that legal transplants usually take place from more complex societies to less complex ones. By contrast, the alternative dispute resolution (ADR) movement that has recently developed in modern societies has been described as a return to a simple model of dispute settlement used in the past and in modern non-Western societies. Does this mean that we are experiencing a new kind of legal transplant, a transplant from less complex to more complex societies? In this article I will argue that this is not the case. Far from being a transplant from the southern to the northern hemisphere, ADR seems indeed to be a modern legal institution born from the retreat of the state from some of its traditional functions. A different question thus needs exploring: is ADR, at least, an institution that can easily be transplanted to Africa where the original transplant of the Western state has failed? In other words, is conciliatory ADR more similar to the African way of dealing with conflicts and consequently to be recommended as the dispute resolution mechanism for modern African states? The question appears to be appropriate in situations such as the one in the Horn of Africa—particularly Eritrea—where the new political leadership is confronting the difficult task of building a new legal system. Copyright © School of Oriental and African Studies 1999 Journal of African Law Cambridge University Press 43/1(1999), 63-70 0021-8553 43:1<63 1999 43 JAL https://doi.org/10.1017/S002185530000872X text/html Onlinezugriff via DOI 1 research-article jats NATIONALLICENCE 856 40 https://doi.org/10.1017/S002185530000872X text/html Onlinezugriff via DOI NATIONALLICENCE 100 1- Grande Elisabetta NATIONALLICENCE 773 0- Journal of African Law Cambridge University Press 43/1(1999), 63-70 0021-8553 43:1<63 1999 43 JAL CC0 http://creativecommons.org/publicdomain/zero/1.0 nationallicence BK010053 XK010053 XK010000 NATIONALLICENCE NATIONALLICENCE NL-cambridge