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This book explains how facilitative mediators, those without material leverage, contribute to progress in peace negotiations.While existing theories of mediation have offered suggestions about what a mediator should get parties to do to reach an agreement, the puzzle that has remained is: how does a mediator get parties to do what is prescribed? The book argues that a communication perspective is key to understanding facilitative mediation and that framing is the main mechanism by which facilitative mediation functions. Based on an empirical analysis of the United Nations mediation in El Salvador between 1990 and 1992, the work breaks new ground by uncovering three underlying mechanisms that explain how a mediator can get their framing adopted by the negotiating parties, thereby advancing the negotiations. The book offers a novel theory of facilitative mediation as framing and an innovative methodological approach that focuses on negotiation impasses to study the process of how negotiations progress. Practitioners will also appreciate the framework for thinking about when and how framing and reframing can be used to increase mediation's effectiveness as a tool for ending armed conflict.This book will be of much interest to students of peace and conflict studies, negotiation, Latin American politics, and International Relations, as well as practitioners.

Since 2011, the conflict in Syria has been one of the most catastrophic conflicts of our time and a dark stain on the peacemaking abilities of the United Nations (UN). At the heart of this book is a simple but critical question – what do UN mediators tasked with the responsibility to make peace actually do? By explaining this, the book offers a detailed record of what Kofi Annan, Lakhdar Brahimi, and Staffan de Mistura did in their roles as UN mediators in Syria and presents a comprehensive analysis of the dynamics that shaped their decision-making. Beyond the cases of these three mediators, Fadi Nicholas Nassar introduces a method by which to forensically identify a mediator's fingerprints on the peacemaking process and charts a map to examine their decision-making processes. In doing so, it paves the way to evaluate the performance of these mediators – to hold them accountable for their successes and failures.

After many years in the little-known world of back- channel mediation, helping sworn adversaries to prevent, manage or resolve conflict, Pierre Hazan felt compelled to re-examine the acute practical and ethical dilemmas that affected his work in Bosnia, Ukraine, the Sahel and the Central African Republic. What is the mediator's responsibility when two belligerents conclude a peace agreement to the detriment of a third? Should mediators never be party to'ethnic cleansing', even if it saves lives? Is a fragile peace worth sacrificing justice for--or will that sacrifice fuel another cycle of violence? In an increasingly dystopian world, Negotiating with the Devil offers both practical guidelines and a moral compass for mediators whose field of action has transformed dramatically. We have gone from soft to hard power; from'peace dividends'to war in Europe; from the end of one Cold War to a new East-West confrontation in Ukraine; from Pax Americana to a multipolar world; from the dream of an all-powerful UN to the organization's marginalization. Against this tapestry, Hazan sheds light on the complex work of those steering peace negotiations, blending vivid first-hand observation with sharp insights into the psychology of compromise as a first step towards peace.

This book offers theoretical arguments and original empirical data on the legitimacy of the investor-state dispute settlement system in the eyes of the general public.The legitimacy of the investor-state dispute settlement (ISDS) system has become a major issue in recent negotiations on new trade and investment agreements, such as the Transatlantic Trade and Investment Partnership (TTIP), the Comprehensive Economic and Trade Agreement (CETA), and the Trans-Pacific Partnership Agreement (TPP). This book considers the remarkable rise of investor-state arbitration, its politicization and the corresponding legitimacy crisis that has induced a political process of ISDS reform. The book applies theoretical arguments about legitimacy perceptions among the mass public and tests these arguments in survey experiments in Germany, France, and the US to answer the question of whether ISDS reform can be successful. By showing that large parts of the population hold negative perceptions about the current system of private arbitration and believe that an international investment court and domestic courts are more legitimate dispute resolution systems, the book extends the debate on the legitimacy of the ISDS mechanism, which has so far been dominated by conflicting normative claims of supporters and critics. With regard to the academic debate about legitimacy in global governance, the author underlines that the legitimacy perceptions of ordinary citizens must be taken seriously to ensure the sustainability of global governance and international law in the long term.This book will be of interest to academics working in international relations, international political economy, international law, transnational law, authority, politicization, and legitimacy of global governance. It will also be of great use to practitioners in the field of international investment law, including lawyers, and government officials working in international dispute settlement.

This book helps explain how and why there are such diverging outcomes of UN peace negotiations and treaties through a detailed examination of peace processes in the Angolan and Mozambican civil wars. Does it really matter what's written on page 36, protocol V, section III, point 5 of a UN-endorsed peace treaty? Dr. Miranda Ruwart Melcher shows that seemingly small details - such as who wears suits, who has toothbrushes, and how specific words are translated between French and English - can and have delayed peace or contributed to restarting wars. Dr. Melcher uses unique primary source data, including interviews with key actors who have participated in peace treaty negotiations, as well as thousands of previously newly opened UN documents. She argues that treaty specificity is an undervalued - but important - factor in researching the success or failure of peace processes. The book offers new insights and policy recommendations for key details whose presence or absence can have a significant impact on how peace processes unfold.

Mandatory investor-state mediation (ISM) as a pre-condition to arbitration is the way forward for rebalancing the investor-state dispute settlement (ISDS) regime and tackling its widely criticised shortcomings. Presenting a comprehensive doctrinal analysis of ISDS clauses of dozens of treaties, this book reveals that simply offering ISM in a voluntary format will not increase its utilisation. In this volume, Ana Ubilava further debunks four common arguments and misconceptions against mandatory ISM through an innovative empirical analysis of over 600 investor-state arbitration cases. She also offers recommendations for incorporating mandatory ISM in ISDS as a precondition to arbitration aimed at international policymakers.

This volume presents contributions made by Daniel Druckman on the topics of negotiation, national identity, and justice.Containing research conducted and published over a half century, the volume is divided into seven thematic parts that cover: the multifaceted career, flexibility in negotiation, values and interests, turning points, national identity, and process and outcome justice. It rounds off with a reflective and forward-looking conclusion. Each part is prefaced with an introduction that highlights the chapters to follow.The chapters comprise empirical, theoretical, and state-of-the-art articles. These essays offer an array of research approaches, which include experiments, simulations, and case studies, with topics ranging from boundary roles and turning points in negotiation to nationalism and war, and the way that research is used in skills training for diplomats and in the development of government policies. In addition, the book provides rare glimpses of behind-the-scenes networks, sponsors, and events, with personal stories that also make evident that there is more to a career than what appears in print. The articles chosen for inclusion are a small set of the total number of career publications by the author but are the ones that made a substantial impact in their respective fields. The concluding section looks back at how the author's career connects to classical ideas and the value of an evidence-based approach to scholarship and practice. It also looks forward to directions for future research in six areas.This book will be of considerable interest to students of international negotiation, conflict resolution, security studies, and international relations.Chapter 16 of this book is freely available as a downloadable Open Access PDF at http://www.taylorfrancis.com under a Creative Commons Attribution-Non Commercial-No Derivatives (CC-BY-NC-ND) 4.0 license.

This book scrutinises how three small Scandinavian countries – Norway, Sweden and Denmark – developed a unique foreign policy that brought Israel and the Palestinians to the negotiating table. Bringing together the field of soft power diplomacy with the field of conflict mediation, the text analyses the specific type of peace diplomacy offered by Scandinavia. It identifies the different methods and policies of the three Scandinavian countries, as well as the strengths and weaknesses of their mediation strategies. Close examination of the historical record through primary and secondary sources in five languages reveals how Scandinavian involvement worked over almost three decades and to what extent it shaped the content of the Oslo peace talks. The author documents how the Scandinavian countries employed soft power diplomacy to enlist the aid of more powerful countries and international institutions to compensate for their limited authority and legitimacy, and how they used the Middle East peace process to strengthen their own national interests, financial standing and international status. The book will appeal to scholars, diplomats, politicians, educators and students interested in Scandinavian foreign policy and the Israeli-Palestinian conflict.

The settlement of interstate disputes through recourse to courts and tribunals has grown gradually over the years, not only through the creation of new mechanisms to that effect, but also by using existing courts and tribunals. How these different international dispute settlement mechanisms operate in theory and practice is the subject of this comparative analysis by academic and practicing lawyers. The book takes stock of the procedure applicable in various interstate dispute settlement bodies, including international and regional courts and tribunals, and arbitration. This comparative view is essential to a better understanding of the strengths and weaknesses of the various procedural rules and regulations and the practical operation of international litigation. This book is aimed not only at scholars, but also at the courts and tribunals themselves, assisting them in revising their procedures, and at States and organisations developing future international legal mechanisms.

This cutting-edge book illuminates the key characteristics of inclusivity in mediation during armed conflicts and post-conflict peacebuilding. Daisaku Higashi illustrates the importance of mediators taking flexible approaches to inclusivity in arbitration during armed conflicts, highlighting the crucial balance between the need to select conflicting parties to make an agreement feasible and the need to include a multiplicity of parties to make the peace sustainable. Higashi also emphasizes the importance of inclusive processes in the phase of post-conflict peacebuilding.Higashi draws on first-hand experience as a team leader for reconciliation and reintegration in UNAMA, as well as interviews with leaders in conflicting states and UN missions, and recommends various roles for the UN, neighboring states and global powers in mediation during and after armed conflicts. Utilizing extensive field research and analysis, the book focuses on conflict regions in Afghanistan, South Sudan, Syria, Yemen, Iraq and East Timor to demonstrate the significance of addressing inclusivity in mediation and peacebuilding with different approaches.Engaging with a range of empirical sources to make key policy recommendations, this book is crucial reading for practitioners working in mediation and peacebuilding, particularly UN officials, think-tank experts, government officials and NGOs. It will also benefit scholars and students of political science and international relations in need of unique, real-world accounts of global mediation, peacebuilding and conflict management.

Conflict Resolution – Actors, Dynamics and Cases deals with multiple concepts and themes of the broad subject area of conflict resolution, seeking to highlight empirical studies that examine several topics from conflict prevention to peacebuilding, including conflict management, institution building, the role of formal and informal actors, the features of conflicts in different political contexts and the methods and strategies used for resolution or transformation (mediation, non-violence, reconciliation, transitional justice, second track diplomacy, peace education, post-conflict reconstruction, among others) in intra- and inter-state conflicts. The book is open to several methodological approaches, focusing on empirical studies that address several cases, including studies on Cyprus, the South Caucasus region, DR Congo, the Middle East region, Tunisia and Iraq, as well as on the role of regional organizations such as the European Union in peace-making and peacebuilding. Conceived this way, this edited volume on conflict resolution complements existing books on the theme, seeking not only to apply conflict resolution's theoretical frameworks and concepts to contemporary case studies but also to contribute, based on these empirical studies, to advance the academic debate towards critical perspectives that guide the conflict resolution field to more pluralist, emancipatory and transformative approaches.

This volume deals with the multiple impacts of the First World War on societies from South Europe, Latin America, Asia and Africa, usually largely overlooked by the historiography on the conflict. Due to the lesser intensity of their military involvement in the war (neutrals or latecomers), these countries or regions were considered'peripheral'as a topic of research. However, in the last two decades, the advances of global history recovered their importance as active wartime actors and that of their experiences. This book will reconstruct some experiences and representations of the war that these societies built during and after the conflict from the prism of mediators between the war fought in the battlefields and their homes, as well as the local appropriations and resignifications of their experiences and testimonies.

Quelles sont la réalité et la pertinence de la mise en oeuvre de la politique africaine commune de défense et de sécurité de l'Union africaine? Est-elle toujours inspirée de la vision des pères fondateurs de l'Organisation panafricaine lors de sa création en 1963? Cet ouvrage re-conceptualise la politique africaine commune de défense et de sécurité, dans le sens suggéré par les premiers panafricanistes et dont les raisons de la proposition de la défense territoriale africaine semblent jusque-là vérifiées.

Written by international practitioners and scholars, this pioneering work offers important insights into peace mediation practice today and the role of third parties in the resolution of armed conflicts. The authors reveal how peace mediation has developed into a complex arena and how multifaceted assistance has become an indispensable part of it. Offering unique reflections on the new frameworks set out by the UN, they look at the challenges and opportunities of third-party involvement. With its policy focus and real-world examples from across the globe, this is essential reading for researchers of peace and conflict studies, and a go-to reference point for advisors involved in peace processes.

The world's problems--climate change, epidemics, and the actions of multinational corporations--are increasingly global in scale and beyond the ability of any single state to manage. Since the end of the Cold War, states and civil society actors have worked together through global governance initiatives to address these challenges collectively. While global governance, by definition, is initiated at the international level, the effects of global governance occur at the domestic level and implementation depends upon the actions of domestic actors. NGOs act as'mediators'between global and domestic political arenas, translating and adapting global norms for audiences at home. Yet the role of domestic NGOs in global governance has been neglected relatively in previous research. Bringing Global Governance Home examines how NGO engagement at the global level shapes domestic governance around climate change, corporate social responsibility, HIV/AIDS, and sustainable forestry. It does so by comparing domestic reception of global standards and practices in the BRICS states (Brazil, Russia, India, China, and South Africa). These newly emerging global powers, representing a range of regime types, aspire to become global policy makers rather than mere policy takers and have banded together through periodic summits to devise alternative approaches to economic development and global challenges. Nevertheless, these countries still engage the world primarily through existing global governance institutions that they did not create themselves. Ultimately, this book explores the interplay of international and domestic factors that allow domestically-rooted NGOs to participate globally, and the extent to which that participation shapes their ability to mediate and promote global governance perspectives within the borders of their own countries with varying regimes and state-society relations.

Après plusieurs processus de négociations infructueux entre l'État espagnol et l'ETA, à la fois à Alger, Genève et Oslo, et dix ans après la Conférence internationale de paix d'Aiete puis l'annonce, peu après, de la fin de son activité armée par l'ETA, l'heure est venue de revenir sur le processus de paix au Pays basque dans lequel aussi bien les acteurs de la société civile organisée que les élus locaux ont joué un rôle majeur, à la fois en tant qu'instigateurs et accompagnateurs. Soucieux de créer les conditions d'une paix durable et éviter ainsi que les nouvelles générations ne soient confrontées à la violence politique et à la répression étatique, les acteurs du territoire se sont engagés afinde favoriser la fin de la lutte armée, le désarmement de l'ETA et sa dissolution dé nitive, mais aussi en vue de résoudre les conséquences du conflit et, en particulier, le sort des prisonniers et celui des victimes, et ce, pour construire un vivre-ensemble pérenne.

A perceptive and provocative history of Henry Kissinger's diplomatic negotiations in the Middle East that illuminates the unique challenges and barriers Kissinger and his successors have faced in their attempts to broker peace between Israel and its Arab neighbors. “A wealth of lessons for today, not only about the challenges in that region but also about the art of diplomacy... the drama, dazzling maneuvers, and grand strategic vision.”—Walter Isaacson, author of The Code Breaker More than twenty years have elapsed since the United States last brokered a peace agreement between the Israelis and Palestinians. In that time, three presidents have tried and failed. Martin Indyk—a former United States ambassador to Israel and special envoy for the Israeli-Palestinian negotiations in 2013—has experienced these political frustrations and disappointments firsthand. Now, in an attempt to understand the arc of American diplomatic influence in the Middle East, he returns to the origins of American-led peace efforts and to the man who created the Middle East peace process—Henry Kissinger. Based on newly available documents from American and Israeli archives, extensive interviews with Kissinger, and Indyk's own interactions with some of the main players, the author takes readers inside the negotiations. Here is a roster of larger-than-life characters—Anwar Sadat, Golda Meir, Moshe Dayan, Yitzhak Rabin, Hafez al-Assad, and Kissinger himself. Indyk's account is both that of a historian poring over the records of these events, as well as an inside player seeking to glean lessons for Middle East peacemaking. He makes clear that understanding Kissinger's design for Middle East peacemaking is key to comprehending how to—and how not to—make peace.

Exploring mediation and related practices of conflict regulation, this book takes an interdisciplinary approach that includes historical, legal, anthropological and international perspectives. Divided into three sections, the volume observes historical and current relations between mediation and the criminal justice system and provides anthropological perspectives and case studies to explore mediation and arbitration in international arenas. In this regard, the book provides an innovative perspective on mediation and new insights into conflict regulation.

In recent years, the tendency has been to settle international disputes by informal methods. Among those methods conciliation has seen a successful revival, after many years of decline, in the case of Timor Leste v. Australia while inter-State complaint proceedings under the UN-sponsored human rights treaties have unexpectedly reached their merits stage of conciliation. The present book takes stock of these developments by portraying, at the same time, the potential of the OSCE Court of Conciliation and Arbitration which still remains to be fully activated. Additionally, the contributions reach out to geographical areas in Africa and Asia. An analysis of the relevant procedural mechanisms completes the study to which 14 authors from nine different countries have contributed. See inside the book.

The Singapore Convention on Mediation presents a comprehensive and insightful commentary on the Singapore Convention and the emerging field of the private international law of mediation. The Convention is just beginning its life as an international legal instrument. Recent years have witnessed the growing recourse to mediation as an alternative method of solving disputes in the sphere of international commercial and investment relations. How is it likely to fare? In this first comprehensive, article-by-article commentary, the authors provide a robust report on the features of the Convention and their implications, with analysis of potential controversies and authoritative clarifications of particular provisions. What's in this book: The book's meticulous examination considers the following issues and topics: – international mediated settlement agreements as a new type of legal instrument in international law; – types of settlement agreements that fall within the scope of the Convention; – how the Convention's enforcement mechanism works; – the meaning of ‘international'and the absence of a seat of mediation; – the Convention's approach to recognition and enforcement of internationally mediated settlement agreements; – the grounds for refusal to grant relief under the Convention; – mediator misconduct as a ground for refusal to grant relief; – the impact of the Convention on private international law; – the relationship of the Singapore Convention with other international instruments such as the UN Model Law on International Commercial Mediation and the New York Convention on Arbitration; – possibilities for Contracting States to declare reservations. How this will help you: This book will be one of the first publications providing legal practitioners and other stakeholders with legal commentary on the Singapore Convention on Mediation. It informs readers of the legal implications and potential controversies associated with the Convention and offers much-needed clarifications on particular provisions This book takes a giant step towards relieving the inherent uncertainty associated with how this newly constituted instrument may operate, and how States may become ‘Convention ready'. It is sure to become an essential reference for international lawyers, mediators and government officials as the Convention proves itself in the coming years.

Until now, the resolution of international commercial and investment disputes has been dominated almost exclusively by international arbitration. But that is changing. Whilst they may be complementary mechanisms, international mediation and conciliation are now coming to the fore. Mediation rules that were in disuse gather momentum, and dispute settlement centres are introducing new mediation rules. The European Union is encouraging international mediation in both the commercial and investment spheres. The 2019 Singapore Mediation Convention of the United Nations Commission on International Trade Law (UNCITRAL) is aiming to ensure enforcement of international commercial settlement agreements resulting from mediation. The first investor-State disputes are mediated under the International Bar Association (IBA) rules. The International Centre for Settlement of Investment Disputes (ICSID)'s conciliation mechanism is resorted to more often than in the past. The International Chamber of Commerce (ICC) has recently administered its first mediation case based on a bilateral investment treaty, and a new training market on mediation is flourishing. Mediation in Commercial and Investment Disputes brings together a line-up of outstanding, highly-qualified experts from academia, mediation and arbitration institutions, and international legal practice, to address this highly topical, complex subject from a variety of angles.

Cette édition française élargie, révisée et mise à jour, met l'accent minutieusement sur les aspects procéduraux qui ont créé un arbitrage international plutôt qu'une simple instance dans laquelle les parties sont de nationalités différentes ou qui concerne des rapports transnationaux. L'ouvrage apporte de nouveaux concepts tels que la définition de l'arbitrage international fondée sur le droit procédural (différent du droit transnational) et une doctrine (la doctrine du « tronc commun ») pour identifier le droit matériel applicable aux litiges entre les parties appartenant à différents pays et qui suggère qu'un droit de l'arbitrage international s'est développé à travers différentes conventions et lois. Cette édition a été largement enrichie des arbitrages commerciaux internationaux, des arbitrages relatifs aux traités d'investissement, des arbitrages entre des organismes publics, entre les États et les individus, de la loi type de la CNUDCI et des procédures du Tribunal Iran-USA ainsi que l'arbitrage relatif aux marchandises, les procédures d'arbitrage online et d'arbitrage sportif.En plus de traiter tous ces aspects de l'arbitrage par thème, l'auteur présente une troisième génération d'arbitrage qui se fonde sur l'analyse préalable des principaux obstacles au bon fonctionnement d'un arbitrage.

The field of peacemaking is in turbulent change. There are more peacemaking actors than before but fewer success stories, and an increasing number of violent conflicts tend to resist negotiated agreements. Tools and practices created for traditional inter- and intra-state conflicts have become ineffective and revision of old mediation practices is called for. This book examines how the private peacemaking organisations have faced this challenge. In the 21st century, private peacemakers have become a central part of peace diplomacy and have appeared as flexible actors whose innovative thinking paves the way for reconsidering and reinventing old practices of mediation. Instead of emphasizing the act of resolution, a new emphasis is given to the transformation of violence into a peace system, the complexity of conflict and the inadequateness of rational management. Furthermore, this shift has brought civic society actors from the field of reconciliation to the field of peace mediation.This new pragmatic approach under development can be called dialogic mediation.

Current conceptions of mediation can often fail to capture the complexity and intricacy of modern conflicts. This Research Handbook addresses this problem by presenting the leading expert opinions on international mediation, examining how international mediation practices, mechanisms and institutions should adapt to the changing characteristics of contemporary international crises. Chapters consider the challenges facing the international community when aiming to achieve lasting resolutions in intrastate and interstate conflicts during acute periods of crisis and potential or actual violence escalation. The authors also provide much-needed context for'gray zone conflict', the actions of non-state actors, gender dynamics and biases that hinder mediation. The ever-expanding role of mediation means authors also cover human security, climate diplomacy and cyber disputes. Using extensive analysis of salient cases as well as quantitative studies of aggregate trends, this Research Handbook is the vital reference work for mediation in contemporary international politics. The concluding chapter explores the overarching themes and key policy recommendations from the leading voices in mediation. An essential reference for postgraduate researchers of international politics, this Research Handbook provides both quantitative and qualitative analysis to further case knowledge for research. In addition, the case studies and concluding chapter will be a much-needed resource for policymakers and practitioners in defence policy and peace advocacy due to their emphasis on lessons learned and best practice.Contributors include: P. Aall, Z. Bakaki, J.A. Bangerter, M. Barrett, K. Beardsley, D. Belo, T. Böhmelt, A. Boutellis, M. Brecher, D. Carment, A.B. Çelik, K. Christie, C.A. Crocker, D.E. Cunningham, K. DeRouen Jr., P.F. Diehl, Y. Duman, S.S. Gartner, M. Gelfand, S. Gent, Z. Goncz, J.M. Greig, F.O. Hampson, E. Hoffman, P.T. Hopmann, L. Hultman, L. Kemp, R.C. Maness, M.M. Melin, E.J. Menninga, M. Nikolko, P. Olander, A.P. Owsiak, D. Quinn, L. Reid, M. Sarver, N. Schreffler, J.A. Stevenson, I. Svensson, B. Valeriano, S. Vukovic, P.B. White, J. Wilkenfeld, M.-J. Zahar, I.W. Zartman

This book challenges the conventional understanding of South Africa's transition to democracy as a home-grown process through a comparative analysis of Commonwealth and United Nations mediation attempts.Approaching power transition through the lens of South Africa, Zwelethu Jolobe raises questions about how methods and types of mediation are understood, and their appropriateness for certain stages of negotiation processes. International Mediation in the South African Transition calls into question the generalisations about the determinants of success by international third parties in resolving internal conflicts. It moves from the position that the success of a mediation effort depends on the examination of the time horizon of a conflict and on the contribution the mediation effort plays in improving the relationship between the belligerents. The book argues that the international community, particularly the Commonwealth and the United Nations, played a profound and beneficial role in the political transition to end apartheid.International Mediation in the South African Transition will be of interest to students and scholars of African politics, conflict resolution, international relations and global governance.

As civil wars become forums for international conflicts and ideological rivalries, their containment and resolution is an increasingly important requisite for international peace. This book explores mediation as a means toward resolving such wars. Dr. Assefa argues that the sovereign sensitivities of incumbent governments, the risk of international

This book examines how mediators'relational characteristics can alter the outcome of mediation in international militarized disputes. Rather than focusing on neutrality and bias that are rigorously discussed in the mediation literature, this book redefines the sources of effective mediators, impartiality and interest, and shows how such seemingly opposing characteristics of a mediator can lead to successful mediation through different channels, complementing each other. This book also uncovers the two dimensions of mediator trust, fairness and capacity. For mediation to be successful, disputants must trust that mediators are fair and capable of leading to successful mediation. The identification of these two sources is crucial as each of the two relational characteristics of mediators'discussed above improves each dimension of the mediator trust. Moreover, this book explores how impartial and interested mediators are more or less effective in particular conflicts characterized by the nature of dispute, the nature of disputants'relationships, and the nature of mediators. The book's empirical analysis as well as case studies on the mediation cases led by the Philippines and Syria in the Borneo confrontation and Yemen dispute, respectively, demonstrate how the levels of mediator impartiality and mediator interest counterbalance each other in leading to mediation success.

This monograph provides a contemporary analysis of the frictions between peacemaking and international human rights law based on the cases of postconflict power-sharing in Lebanon and Bosnia-Herzegovina. In this context it evaluates the long-standing debate in the United Nations and human rights bodies about the'imperfect peace'. Written from a practitioner–scholarly viewpoint and drawing from new authentic sources, the book describes the mechanisms used in peace agreements and post-conflict constitutions for managing ethnic or religious diversity, explains their legal limits under international human rights law, and provides a conceptual framework for analysing the nexus between law and peacemaking. The book argues that the relationship between the content of peace agreements and post-conflict constitutions, their negotiation process and the element of time, needs to be untangled to better understand the legal limits of statebuilding in the aftermath of armed conflict. It is a key resource for scholars in human rights law and peace and conflict studies, advisers in peace processes, constitution-makers, and peace mediators.

Evangelos Raftopoulos explores international negotiation as a structured process of relational governance that generates international common interest between and among international participants and in relation to the international public order. He challenges prescriptive models of negotiation - developed in international relations and positivistic approaches to international law, which artificially separate treaties from negotiation in the name of'objectivity'- and opens a window for looking at international negotiations from a novel, international law perspective. Using an interdisciplinary approach that incorporates law, philosophy, politics, and linguistics, he proposes a holistic, theoretical model of multilateral international negotiation that not only offers a'subjective'view of international law in practice but also demonstrates the importance of understanding the horizontal normativity of international ordering. This work should be read by academics and practitioners of international law and negotiations, officials of international organizations, and anyone else interested in international law and international relations.

This collection of essays situates the study and practice of international mediation and peaceful settlement of disputes within a changing global context. The book is organized around issues of concern to practitioners, including the broader regional, global, and institutional context of mediation and how this broader environment shapes the opportunities and prospects for successful mediation. A major theme is complexity, and how the complex contemporary context presents serious challenges to mediation. This environment describes a world where great-power rivalries and politics are coming back into play, and international and regional organizations are playing different roles and facing different kinds of constraints in the peaceful settlement of disputes. The first section discusses the changing international environment for conflict management and reflects on some of the challenges that this changing environment raises for addressing conflict. Part II focuses on the consequences of bringing new actors into third-party engagement and examines what may be harbingers for how we will attempt to resolve conflict in the future. The third section turns to the world of practice, and discusses mediation statecraft and how to employ it in this current international environment. The volume aims to situate the practice and study of mediation within this wider social and political context to better understand the opportunities and constraints of mediation in today's world. The value of the book lies in its focus on complex and serious issues that challenge both mediators and scholars.This volume will be of much interest to students, practitioners, and policymakers in the area of international negotiation, mediation, conflict resolution and international relations.

Throughout history, there has been conflict and the clashing of ideas. Although this has assisted in creating political and societal structures, it has also led to civil unrest, cases of severe discord, and war. Political Mediation in Modern Conflict Resolution: Emerging Research and Opportunities is a critical scholarly resource that examines the pursuit of peace in global civil war and conflict through the use of mediation. Featuring coverage on a broad range of topics, such as intercultural communication, social psychology, and conflict theory, this publication is geared towards academicians, students, and researchers seeking relevant and current research on governmental approaches to pursuing peace in instances of conflict and strife.

This book offers a new way of understanding the role of the mediator in teaching parties the interrelationship between sustainable peace, forgiveness, and international justice. It argues that the arrival of social media presents new opportunities for reaching sustainable peace agreements, through their use in gathering the detailed information that can match victims and perpetrators of past atrocities.The author aims to advance a more expansive understanding of the subjects and limitations of making peace in the shadow of international law by examining the concepts of mediation and forgiveness that exist alongside law. To that end, the book offers an account of the role of the mediator that emerges from the interplay between Ricouerian imagination and forgiveness and predicts ever-greater opportunities for making peace and protecting human rights that can be facilitated by a harnessing of social media as a tool for making peace with justice.The author also aims to examine how strategies for sustaining the peace must combat the inevitable frustrations with democracy that can lead to a slide into dictatorship. Assad, Obama, and the UN leadership and their decisions concerning making and maintaining peace in Syria are used as case studies to examine the interplay between a leaders'religious beliefs, faith in democracy and rule of law, and impulses towards totalitarianism.

This book is the first and only practical guide to negotiating peace. In this ground-breaking book Sven Koopmans, who is both a peace negotiator and a scholar, discusses the practice, politics, and law of international mediation. With both depth and a light touch he explores successful as well as failed attempts to settle the wars of the world, building on decades of historical, political, and legal scholarship. Who can mediate between warring parties? How to build confidence between enemies? Who should take part in negotiations? How can a single diplomat manage the major powers? What issues to discuss first, what last? When to set a deadline? How to maintain confidentiality? How to draft an agreement, and what should be in it? How to ensure implementation? The book discusses the practical difficulties and dilemmas of negotiating agreements, as well as existing solutions and possible future approaches. It uses examples from around the world, with an emphasis on the conflicts of the last twenty-five years, but also of the previous two-and-a-half-thousand. Rather than looking only at either legal, political or organizational issues, Negotiating Peace discusses these interrelated dimensions in the way they are confronted in practice: as an integral whole. With one leading question: what can be done?