Application of Mediation in International Disputes Resolution

Abstract

The question of this thesis is, what is the role that mediation has to play, if any, in contemporary public international law. And if it does have a role to play, can it be presented as a system which is both compatible with public international law, and with a variety of international disputes. The thesis looks at a variety of applications of mediation. It first establishes certain basic principles and elements of mediation. Next, it examines how mediation can exist in a complimentary manner to the ICJ and other forms of formal dispute resolution. The elements and principles of mediation are then further extrapolated by examining two particular cases as well as legal and scholarly writings with regards to mediation. Finally, the universality and applicability of mediation is discussed before the final conclusion is presented. This research finds that while there is little which would prevent mediation to be applied to any international dispute, mediation is suited for disputes which have a politically complex character, and which involves groups with complex international legal personalities. Furthermore, in order for a mediation system to be successfully developed, the focus should not be on codifying standards and practices, but to reevaluate and confirm the principles thereof which are compatible with public international law, as well as representative of the elements of mediation.