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Books > Law > Laws of other jurisdictions & general law > Courts & procedure > Arbitration procedure
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Constructive Interventions - Paradigms, Process and Practice of International Mediation (Hardcover)
Loot Price: R5,744
Discovery Miles 57 440
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Constructive Interventions - Paradigms, Process and Practice of International Mediation (Hardcover)
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In the contemporary discipline of conflict resolution, adjudication
and alternative dispute resolution (ADR) are often seen as
antagonistic trends. This important book contends that, on the
contrary, it is the bringing together of these trends that holds
the most promise for an effective system of international justice.
With great insight and passion, built firmly on a vast knowledge of
the field, Lars Kirchhoff exposes the contemporary structural
barriers to effective conflict resolution, defining where
adjudication ends and ADR--and particularly the recent development
of mediated third party intervention from an 'art' to a veritable
'science'--must come into play.The work starts by defining the
challenges, potentials and shortcomings of different approaches to
conflict resolution in an interdependent world--where the
multiplicity of actors, topics and interests involved even in
seemingly bilateral conflict situations is clearly manifest--and
goes on to define useful models and connect the various elements
relevant for the resolution of conflicts in a transparent way. In
the course of its investigation the book accomplishes the
following:* illustrates the various departure points and
perspectives scholars of conflict resolution have taken as the
basis for their work;* discusses who should become involved in
conflicts as a third party and by which techniques this should
occur;* systematically conveys the nature and consequences of
intervention through mediation, focusing on the method's critical
challenges; and * clarifies the particular model of international
mediation under development through UN initiatives.In approaching
these intertwined topics, the author draws concrete conclusions for
the realms of international law and related disciplines as well as
for the organizational context of the United Nations. He explores
such diverse scenarios as conflicts between States, conflicts
involving international organizations, and--in accordance with the
changing parameters of international law--even conflicts involving
individuals, clarifying which constellations can be tackled by
international mediation and which conflicts should be dealt with by
other forms of diplomacy or adjudication.It is the conviction of
many intermediaries and scholars that the considerable potential
inherent in resolving conflicts peacefully is rarely put into
practice. Although some of the reasons for this phenomenon are
beyond the influence of scholarly debate, in many instances the
reasons for failure of peaceful resolution processes are more
structural or systemic in nature. It is the great virtue of this
book that it establishes enough clarity in an unclear and complex
field to make concrete and workable recommendations in these
instances, and for that reason it will be of immeasurable value and
benefit to all scholars, policymakers, and activists dedicated to
the pursuit of peace.
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