Final Class Presentation on Resolving Conflicts_Civil Wars.ppt
- 2. Introduction International conflicts/disputes are inevitable in international relations due to economic, political or security reasons etc. Use of force in international relations is prohibited (UN Charter Art. 2(4). UN Charter Art. 2(3): All Members shall settle their international disputes by peaceful means in such a manner that international peace and security, and justice, are not endangered.
- 5. International disputes International disputes are major disagreements between two or more nations, or unilateral declarations by one nation that are not accepted by others. There are many sources of international disputes, including territorial disputes, maritime rights disagreement, ambiguous treaties, conflicts on human rights, and long-held grievances for past actions that have never been fully resolved. International disputes have been the source of military conflict, civilian deaths, and long-standing animosity between nations that may stretch for generations.
- 9. Border disputes are quite common in the international community. Borders are often far from the center of power in a country, and may shift from time to time as a result of farming community spread or even topographical changes. The lines on a map made decades before may not always be relevant to the current situation, and in some cases may have been disputed even when the map was originally drawn. Greece and Turkey have been involved in border disputes for thousands of years about the land bordering the Aegean Sea; since the 1970s, these disputes have come dangerous close to military action at least twice.
- 10. Resource issues are another major source of international disputes. The rights to drill for oil, mine ore, cut timber, and access fresh water sources are important to a country's financial and sometimes literal survival, making these fights quite serious. Many resource conflicts relate back to territorial disputes; determining who owns the land with the resource can help define who has the right to use it. Resource debates also become more complex when discussing natural formations, such as large rivers, that span multiple domains. Sometimes, these initial disputes can have productive outcomes; in 1998, 14 nations that border the Danube River in Europe formed the International Commission for the Protection of the Danube River, an organization dedicated to reducing pollution and creating cooperative sustainable water use programs.
- 11. The Age of Imperialism left the world with a great deal of conquered nations and areas not happy with their colonial governors. Many international disputes of the 21st century still date back to the expansive era of nation building, with native people or prior owners crying out for the return of conquered and annexed areas. Gibraltar, for instance, has been an area of contention between the United Kingdom and Spain since the early 18th century, while many of the native people of the area insist on their own rights to govern.
- 12. The Issue of Refugees The treatment of refugees, and humans in general, is often the source of grave international disputes. These conflicts lie around issues such as permitting human trafficking, the oppression of women, religious oppression, and ethnic cleansing or genocide attempts. Many international law scholars hope that attentive management of other types of international disputes can help lead to improved international cooperation over time, which may in turn lead to a more open forum to manage human rights issues.
- 13. PEACEFULL MEANS OF INTERNATIONAL DISPUTES’ SETTELMENT UN Charter Art. 33. The parties to any dispute, the continuance of which is likely to endanger the maintenance of international peace and security, shall, first of all, seek a solution by negotiation, enquiry, mediation, conciliation, arbitration, judicial settlement, resort to regional agencies or arrangements, or other peaceful means of their own choice. The Security Council shall, when it deems necessary, call upon the parties to settle their dispute by such means.
- 14. Methods of dispute settlement UNGA Resolution 2625 (1970) States shall… seek early and just settlement of their international disputes by negotiation, inquiry, mediation, conciliation, arbitration, judicial settlement, resort to regional agencies or arrangements or other peaceful means of their choice. In seeking such a settlement the parties shall agree upon such peaceful means as may be appropriate to the circumstances and nature of the dispute. The parties to a dispute have the duty, in the event of failure to reach a solution by any one of the above peaceful means, to continue to seek a settlement of the dispute by other peaceful means agreed upon by them.
- 15. Methods of dispute settlement
- 16. Methods of dispute settlement cont.
- 17. Point of departure. States usually prefer diplomatic solutions to judicial settlement Maintain control over decision- making Can take into account extra-legal, complex factors (e.g. economic situation, international relations etc.)
- 18. Good offices Third party (state or respected institution/person) attempts to influence the opposing sides to enter into negotiations Does not take active part in the negotiations but provides the logistical background, serves as a channel. Any party can offer its services but it has to be accepted by all the parties to the dispute.
- 19. Good offices cont. The WTO Dispute Settlement Understanding (DSU) provides for good offices, conciliation and mediation on a voluntary basis if the parties to the dispute agree. Iran/USA hostage dispute – mediation pursued by Algeria, a move that averted a potential war. Falkland Island’s dispute in 1982 – mediation by US followed by UN Secretary General Breakup of Yugoslavia (1991-1995) – mediated by EU, UN (with EU and US) In 2008, the former UN Secretary- General Kofi Annan was involved in resolving presidential elections dispute in Kenya - President Mwai Kibaki was declared the winner of the presidential election held on December 27, 2007. Raila Odinga of the Orange Democratic Movement alleged electoral manipulation.
- 20. International Mediation Goes beyond good offices, takes active part in the negotiation Seeks to direct the negotiations, cajole the disputing parties into accepting the proposals Offers his own proposals
- 21. International Mediation cont. International mediation is an attempt to resolve disputes between nations. It operates on the same dispute resolution principles as those that apply to disputes between individuals. It is a way to give parties control over settling their differences with objective guidance in a neutral setting. International mediation can involve things like trade and commerce issues or be an attempt to prevent or halt armed conflict. The 1856 Declaration of Paris was one of the early international agreements that encouraged member States to settle their maritime disputes by mediation.
- 22. Mediators Mediators of international disputes are often highly respected individuals with a strong commitment to resolving issues peacefully. A sovereign nation with a strong interest in international or regional stability will often serve as mediator in international disputes. Individual nations have immense resources to offer in the international mediation process, including political leaders with expertise in the cultures of the disputants and the nature of the conflict.
- 23. MEDIATION IN INTERNATIONAL CONFLICTS International mediation may involve private individuals, academic scholars, official government representatives, regional organisations, small or large states, transnational and international organisations. The UN Charter in its Article 33 (1) lists mediation as a peaceful method of resolving international disputes. The Agreement Establishing the World Trade Organization (WTO) that established the WTO Dispute Settlement Understanding (DSU) persuades the disputants to settle their disputes through consultation and mediation without recourse to Panels and the Appellate Body.
- 24. Culture & Language International mediation can be complicated by cultural and language barriers. There are also situations where the parties have a strong sense of national identity and a willingness to use force to maintain or overthrow the current balance of power. Mediation of seemingly intractable conflicts requires a deep understanding of the parties’ grievances and a tenacious commitment to resolving the conflict.
- 25. Mediators cont. Special Non-Governmental Organizations (NGOs) like Amnesty International and the Carter Center, founded by former US President Jimmy Carter, may also aid in the international mediation process. Parties in conflict may view NGOs as more neutral in the situation as they should have no governmental agenda, and ideally, their only goal being to settle the dispute peacefully. This is also a consideration for using mediation organizations like the Quakers, the Islamic Conference Organization, and Oxfam. These organizations work not only to settle the conflict but also to bring about reconciliation between the parties.
- 26. Mediators cont. The Second Hague Conference of 1907 recognized the right of neutral states to acts as mediators in international disputes. What is the mediation? Elements of mediation Mediation, as an affordable and accessible means of alternative dispute resolution, has the following five elements: The presence of the parties; Willingness of the parties to act in good faith; An impartial third party facilitator; An appropriate site and Confidentiality.
- 27. Mediators cont E.g. USA in Camp David (Israeli-Egyptian peace agreement) Sometimes respected individuals (The pope in Argentine -Chile: Beagle Channel case), British Queen in Commonwealth disputes.
- 28. Culture & Language cont. Cultural mediation is considered difficult because expectations vary by country and among classes of people within a county. Cultural norms might be flexible and may change based on gender, age, and religion. Societies of people within the same country might share diverse beliefs and ways of expressing themselves that fall outside basic assumptions about people in the region. Mediators are taught to be impartial and unbiased when facilitating a solution to a business misunderstanding. This style might appear foreign to people from certain cultures. For example, some countries adopt a style of communicating that takes a firm stand on a topic, and people are expected to defend their points of view. People from these regions might not trust a mediator who is totally impartial.
- 29. Culture & Language cont. Cultural mediation describes a profession that studies the cultural differences between people, using the data in problem solving. A business might have global customers with different communication styles and cultural norms for dispute resolution. Cultural mediation attempts to bridge those differences based on the traditions of both parties. Nuances in communication styles also vary by country. For example, Latin Americans and Arabs tend to use emotion when dealing with others. African and Asian people might exhibit a more stoic demeanor. A mediator who sets typical ground rules that forbid interrupting or emotional responses might find it difficult to deal with people who find that style of negotiating foreign.