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MEDIATION AS A WAY TO RESOLVE AND PREVENT INTERNATIONAL CONFLICTS

Michel, D.

Abstract

This article is dedicated to mediation - one of the methods of international conflicts resolution and prevention and an alternative way to settle the disputes. Since the ancient times, mediation has been used to settle international conflicts and prevent wars between the cities – city-states. The mediators, as a matter of rule, usually were third party states. The German King Ludwig II (VIII BC) pronounced himself a mediator and contributed to the resolution of private and political disputes within his kingdom [1]. Pope Benedict XII took on the role of mediator-conciliator upon the request and for the French King Philip VI and the King of England Edward III to resolve the disputes between them. The request that has been sent to the Pope to act in the capacity of a mediator was closely related to the desire by both parties to establish peaceful and friendly relations [2]. This is not a coincidence, state and arbitration courts are not able to reconcile and satisfy the interests of both parties, since during the judicial proceedings, the judge takes a decision on its sole discretion (sometimes by a judicial panel) that is binding to both parties. Participation of a neutral third party in a conflict promotes reconciliation processes and further provides for negotiations, during which the parties make an acceptable decision all by themselves. These peculiarities of reconciliation procedures have promoted their widespread application in resolution and prevention of political disputes between the states. Formation and development of the basics of peaceful, diplomatic cooperation forms within the sphere of international relations began starting in the XVI century in Europe. In order to achieve their interests and resolve political disputes the European states often recourse to the help of a neutral third party – an intermediary (at that time many historical resources often used the term “mediator”). Gert Ueding, a German legal expert notes that “in the XVI century mediation dominates in diplomacy and displaces the traditional for that time arbitration; starting the XVII century international peace treaties are only concluded with a mediator, through the mediation procedure” [3]. An example for such a peace treaty is a Westphalian Peace Treaty of 1648, which resolved the Thirty Years' War in Europe. Westphalian Peace Treaty is a good example of peaceful resolution of political conflicts and disputes. Moreover, participation of a third neutral party in the negotiations made it possible to reveal the true interests and needs of the conflicting parties, as well as led them to a mutually acceptable and mutually advantageous resolution. From this moment, the diplomatic relations, especially in terms of concluding various international treaties and peace negotiations, became practically impossible without a third independent party Mediation in the sphere of international relations of states developed actively and was used to maintain peace in Europe until the XX century. In 1907 at the II Hague peace conference, a Hague convention “On pacific settlement of international conflicts” has adopted, which suggests to the involved states to recourse to the help of a third neutral party in case of disputes. [4]. The 1907 Convention uses the terms “mediation” and “good offices”. At that, the term “good offices” means rendering assistance to the states in conflict in order to establish peaceful relations, without resolving the issue, while “mediation” is not only about reconciliation, but is also about helping to resolve a particular conflict. The use of these procedures is based, according to the Convention, on voluntary participation principle, meaning that the disputes between the states may be settled only in case of their mutual consent and involving a third party independent state [5]. Unfortunately, the member states of the Hague Convention of 1907 did not use the recommendations of the abovementioned Convention. The number of wars that took place in the XX century demonstrates the unwillingness of states to resolve disputes in a peaceful way and recourse to reconciliation procedures.

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DOI resolver: doi.org/10.5593/sgemsocial2014/B21/S5.090

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