Conciliation in International Law

The OSCE Court of Conciliation and Arbitration

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.

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Biographical Note

Christian Tomuschat is Professor em. of the Faculty of Law of Humboldt University, Berlin. Education at the universities of Heidelberg and Montpellier. From 1972 to 1995 he was Professor for Constitutional and International Law at the University of Bonn. He lectured at the Hague Academy of International Law in 1993 and 1999 (General Course). He was a member of the Human Rights Committee under the International Covenant on Civil and Political Rights (1977-1986) and of the International Law Commission (1985–1999, President in 1992). From 1997 to 1999, he coordinated the Commission for Historical Clarification in Guatemala. He served as judge on the Administrative Tribunal of the Inter-American Development Bank (1995-1997) and on the Administrative Tribunal of the African Development Bank (1999-2008). He became a member of the Institut de droit international in 1997. Since September 2013, he discharges the functions of the President of the Court of Conciliation and Arbitration within the OSCE. He is the author of numerous books and articles. Among his latest publication is Human Rights. Between Idealism and Realism (3rd ed. Oxford 2014). He is also one of the co-editors and authors of the Commentary on the Statute of the ICJ (2nd ed. Oxford 2012).

Riccardo Pisillo Mazzeschi (LL.M. Harvard), Professor of International Law and European Union Law, Department of International and Political Sciences, University of Siena. Visiting professor or scholar at Tulane Law School, UCL, Université Paris II, Keio University, Lauterpacht Centre of International Law. Lectures at The Hague Academy of International Law. Formerly member of working groups and legal expert on human rights for the Italian Ministry of Foreign Affairs, member of the Italian delegation at the UN General Assembly and the UN Human Rights Council. At present arbitrator and member of the Bureau of the OSCE Court of Conciliation and Arbitration. He has written 4 books and about 80 articles and book chapters on Public International Law, European Union Law, Private International Law.

Daniel Thürer is Professor em. of Law at the University of Zürich, former Dean of the Faculty and former Director of its Institute of Public International Law and Comparative Constitutional Law. He was educated at the Universities of Zurich, Geneva, Cambridge and Harvard and at the Max-Plank-Institute of International Law and Comparative Public Law. He was a Judge at the Liechtenstein Constitutional Court, Member of an Expert Commission on the Total Revision of the Swiss Federal Constitution and of an International Commission on the role of Switzerland in the Second World War. He served as a Member of the Board of the German Society of Constitutional Law and as the President of the German Society of International Law. He was a longstanding Member of the International Committee of the Red Cross and is a Member of the Board of the OSCE Court of Conciliation and Arbitration and the European Commission against Racism and Intolerance. He is a Member of the ‘Institut de Droit international’. Daniel Thürer has published widely and edited books and periodicals in the field of international, European and constitutional law.

Table of contents

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.

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