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Conciliation in International Law

Conciliation in International Law

Author: Christian Tomuschat; Riccardo Pisillo Mazzeschi; Daniel Thurer
Publisher: Brill Nijhoff
ISBN: 9789004312104
Published In: December 2016
Format: Hardback
Jurisdiction: Netherlands ? Disclaimer:
Countri(es) stated herein are used as reference only

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Description
Contents

Details

This volume collects the materials underlying the International Colloquium “Conciliation in the Globalized World of Today“, held on 11 and 12 June 2015 in Vienna under the auspices of the Court of Conciliation and Arbitration within the OSCE. The aim of the Colloquium was to examine the merits and possible shortcomings of this method of conflict resolution, and it concluded that the pros heavily outweigh the cons.

This volume therefore draws the attention of everyone dealing with conflict management to those advantages. It does not end by providing a summary of conclusions to be drawn from the examination of the rules governing the OSCE Court and the practice of the other institutions considered. The reader will have to find out her/himself what experiences have been made in other fields where conciliation has been institutionalized as a dispute-settlement procedure. In this regard, the present book constitutes a treasury of lessons that cannot easily be brought down to a common denominator.

Introduction

First Part: Conciliation as a Method of International Dispute Settlement

Jean-Pierre Cot: Expectations Attached to Conciliation Reconsidered

Lauri Mälksoo: Conciliation within the Framework of Dispute Settlement Procedures: An East European Perspective

Giuseppe Palmisano: Diplomatic and Jurisdictional Aspects in Conciliation Procedures: Conciliation between Dispute Settlement and Conflict Prevention

Daniel Thürer: Peaceful Settlement of International Disputes: About the Essence and Role of Conciliation

Second Part: Dispute Settlement within the OSCE

Riccardo Pisillo Mazzeschi: Prevention and Resolution of Conflicts in the OSCE and the Role of the Court of Conciliation and Arbitration

Christian Tomuschat: Conciliation within the Framework of the OSCE Court of Conciliation and Arbitration. An Assessment from the Viewpoint of Legal Policy

Third Part: Specialized Conciliation Procedures

Edouard Planche: UNESCO Mediation and Conciliation Procedure for Promoting the Return and Restitution of Cultural Property

August Reinisch: Elements of Conciliation in Dispute Settlement Procedures Relating to International Economic Law

Stuart Bruce: The Project for an International Environmental Court

Rüdiger Wolfrum: Conciliation under the UN Convention on the Law of the Sea

Fourth Part: A Prominent Example of Successful Conciliation

Ulf Linderfalk: The Jan Mayen Case (Iceland/Norway)

The Contributors

Annex 1: Final Document of the Third Meeting of the CSCE Council of Ministers, Stockholm, 14-15 December 1992, Decision on Peaceful Settlement of Disputes

Annex 2: Convention on Conciliation and Arbitration within the CSCE

Annex 3: Provisions for a CSCE Conciliation Commission

Annex 4: Provisions for Directed Conciliation

Index.