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A term paper on mediation
Mediation and negotiation
Mediation in conflict
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The relations between the states at the international stage are not a static; rather, they are very dynamic and as the higher the interactions are the probability for the disagreements, disputes, conflicts, and ultimately wars are increasing. In the international relations (IR), the states are the only legal actor; hence, a state recognizes the legitimacy of a fellow state with whom the state makes a bilateral relation through the various treaties. Yet, according to the International Law, a state is an independent entity, and has a freedom of action to pursue and defend her national interests in IR. Moreover, a state is protected by law of any interference of other states in her domestic affairs. In order to survive in the anarchical conditions …show more content…
Simply, from their (i.e., states) point of view, the method of mediation has several advantages. The first, this intervention (i.e., mediation) is non-coercive, non-violent, and ultimately non-binding for the states in conflict; as J.G. Merrills puts, “it has the advantage of allowing them [i.e., states] to retain control of the dispute,” in particular if a matter is of vital national interest (Bercovitch 2004; Merrills 2011, 27-28). The second, mediation is a voluntary form of conflict management; consequently, the parties in conflict may choose: to begin or continue mediation, retain the control over the outcome to accept or reject any agreement, and finally, the states have a control over the proceedings (Bercovitch 2004). Such a freedom of action and confidentiality allow the states to go into a face-saving compromise and make some concessions, which otherwise would never do in a direct negotiation (Merrills 2011, 28). The third, the states in conflict have a freedom to …show more content…
For the states it is an advantage because of such a freedom of action, choice, and control of the disputed issues including the confidential mode of proceedings; therefore, mediation represents the best way to defend own national interests. However, mediation method of conflict resolutions is not without challenges. Again, let us take a state perspective toward challenges that mediation might brought to the states national interests. Undoubtedly, mediation is a method of conflict resolution whose aim is to stop the conflicts and restore a peace and security. Every mediator tries to reconcile the issues which brought the states into the conflict. So, mediator task is not to judge who is right and who is wrong; rather to reconcile states interests, or persuade them to change their original position due to the higher stakes (Merrills 2011,
The purpose of this essay is to inform on the similarities and differences between systemic and domestic causes of war. According to World Politics by Jeffry Frieden, David Lake, and Kenneth Schultz, systemic causes deal with states that are unitary actors and their interactions with one another. It can deal with a state’s position within international organizations and also their relationships with other states. In contract, domestic causes of war pertain specifically to what goes on internally and factors within a state that may lead to war. Wars that occur between two or more states due to systemic and domestic causes are referred to as interstate wars.
The Legalist Paradigm represents the dominant thinking in the international law of armed conflict. It is an attempt to outline a theory of aggression, and a basis of judgment on the just or unjust nature of a war. It places its claim and is based on six fundamental principles: firstly, that there exists an international society of independent states made up of individuals, secondly that members of the international society have the right to political sovereignty in addition to territorial integrity, that any use of force or imminent threat of force by one state against another constitutes aggression and is criminal, that violence is justified to defend or as a means of law enforcement by a victim or any other member of the international society,
The United Nations General Assembly 36-103 focused on topics of hostile relations between states and justification for international interventions. Specifically mentioned at the UNGA was the right of a state to perform an intervention on the basis of “solving outstanding international issues” and contributing to the removal of global “conflicts and interference". (Resolution 36/103, e). My paper will examine the merits of these rights, what the GA was arguing for and against, and explore relevant global events that can suggest the importance of this discussion and what it has achieved or materialized.
M. E. McGuinness (Eds.), Words Over War: Mediation and Arbitration to Prevent Deadly Conflict (pp. 293-320). New York: Rowman and Littlefield Publishers, Inc.
According to realist view ordering principle of the international system is based on anarchy. There is no higher authority other than the states themselves to check and balance their actions. Consequently, nation-states are the main players in this system. In other words, sovereignty inheres in states, because there is not a higher ruling body in the international system. This is known as state centrism. Survival is an obligation continuing to be sovereign. On the other hand, sovereignty is the characteristic feature of states and its meaning is strongly tied to use of force. According to the most of the realist variants, states are “black boxes”; the determinative factor is states’ observable behavior, not their leaders’ characteristics, their decision making processes or their government systems.
The international relations between the countries are the process that develops the countries, since they benefit and learn from each other. International relations can be the study of sovereign states and global issues. Also, it would the study of political and economic issues among the countries in order to have a stable political system and to benefit the economy in these countries that have strong international relations. Historically, the idea of international relations has been existed since Thucydides time, who was a Greek writer in the time of Sparta’s war. The international relations between Greece and Sparta played an important role at that time. Countries always act in favour for their benefits and interests. There is no single agreement or political formation without the benefit of the parties participating. Countries always try to ensure their benefits and their political interests. These interests might lay in many aspects and issues. Two main aspects that international relations put the emphasis on are economy and political stability. Economy is, as we all know, the best tool for country development and forward satisfaction of people. When a country has a good economic quota has less likelihood of political threat and regime change. Politics on the other hand plays a major in the international relations system. Countries want to ensure their security and diminish the political threat whether internal or external. Now days, the international relations is the key of success for the countries. For example, Algeria, Morocco and Tunisia have strong relations with a developed country such as France, in which they got benefit economi...
While some may argue that a state-centric international system is apt for non-state actors, since to attain a foreseeable future, they need to comprehend the state system and how to operate within it. This structure is weakening as non-state actors are increasing their influence in conflicts and challenging the international order founded upon the power of states. The openness of commercial markets and the weakening territorial sovereignty has limited the state’s monopoly of power asserted by structural realists. In Structural Realism After the Cold War, Kenneth Waltz alleges that, “If the conditions that a theory contemplated have changed, the theory no longer applies.” Theories and traditions in international relations must become more comprehensive if society intends to tackle the conflicts of the 21st century more effectively in the future.
Ott, Marvin C. "Mediation as a Method of Conflict Resolution: Two Cases." International Organization 26.04 (1972): 595-618. JSTOR. Web. 3 Dec. 2013.
Jervis examine lack of international authority to enforce low boosts states activities to difficult situation unless cooperate each other. This show that without cooperation state neither maximize mutual benefit nor achieve each goal. Jervis interpret how the possibility outcome of anarchy and security dilemma have become positive with refer a repeated prisoner’s dilemma sample. The cost of exploitation is power scarification the large state by giving a privilege because of certainty of what the weak state doing. State also cooperate when the cost of security are higher and the upcoming uncertainty to get a financial support when the war occurs. Moreover state prefer to cooperate when the advantage
Poitras, J. (2007). The Paradox of Accepting One's Share of Responsibility in Mediation. Negotiation Journal, 23(3), 267-282. Retrieved January 23, 2012, from ABI/INFORM Global. (Document ID: 1313496891).
People’s ideas and assumptions about world politics shape and construct the theories that help explain world conflicts and events. These assumptions can be classified into various known theoretical perspectives; the most dominant is political realism. Political realism is the most common theoretical approach when it is in means of foreign policy and international issues. It is known as “realpolitik” and emphasis that the most important actor in global politics is the state, which pursues self-interests, security, and growing power (Ray and Kaarbo 3). Realists generally suggest that interstate cooperation is severely limited by each state’s need to guarantee its own security in a global condition of anarchy. Political realist view international politics as a struggle for power dominated by organized violence, “All history shows that nations active in international politics are continuously preparing for, actively involved in, or recovering from organized violence in the form of war” (Kegley 94). The downside of the political realist perspective is that their emphasis on power and self-interest is their skepticism regarding the relevance of ethical norms to relations among states.
The international system is an anarchical system which means that, unlike the states, there is no over ruling, governing body that enforces laws and regulations that all states must abide by. The International System in today’s society has become highly influential from a number of significant factors. Some of these factors that will be discussed are Power held by the state, major Wars that have been fought out in recent history and international organisations such as the U.N, NATO and the W.T.O. Each of these factors, have a great influence over the international system and as a result, the states abilities to “freely determine their political status and freely pursue their economic, social, and cultural development”.
In order to establish a semblance of order in international politics, states come together and create systems. These systems can take several forms including military alliances, economic trade agreements, and international humanitarian coalitions. These are designed to promote cooperation between states and inject order into an anarchical system (Waltz 79-106). For Defensive Realists, it is foolish for a state to try to maximize its power because that state will be punished by the international system. Whether it is economic sanctions, or military conflict, international systems serve as a check on an otherwise anarchical
Mediation is a way to solve a dispute without having to resort to court procedure which sometimes could turned out to be rigid, formal and time consuming especially when it needed a lot of paperwork and the possibility of adjournment which could consume years. Besides that, unlike in court, mediator as a third impartial party did not acted as a judge who decides on the resolution however, the mediator will help the parties to explore the needs and issue which before preventing them from achieving a mutual resolution and settlement. The mediation process gave the authority towards the parties to agree with each other and open up the chance for the parties to meet with a resolution at the end of the mediation session.
IOs and states play a critical role in maintaining world peace and security. The United Nations (UN), in particular, is the centerpiece of global governance with respect to the maintenance of world peace. The UN provides general guidelines for all the states on how to solve potential conflicts and maintain international o...