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Application of Mediation in International Disputes Resolution : Reconsidering Mediation for the Growing Complexity and Diversity of International Disputes
국제 분쟁 해결에 중개를 적용하다: 증가하는 국제 분쟁의 복잡성과 다양성을 위한 중개의 재검토

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Authors
Stephanus de Goede
Advisor
Lee Jae Min
Issue Date
2021-02
Publisher
서울대학교 대학원
Keywords
mediationdispute resolutionsovereigntyconsentnational interest
Description
학위논문 (석사) -- 서울대학교 대학원 : 법학전문대학원 법학과, 2021. 2. Lee Jae Min.
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.
Language
eng
URI
https://hdl.handle.net/10371/176558

https://dcollection.snu.ac.kr/common/orgView/000000166058
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College of Law/Law School (법과대학/대학원)School of Law (법학전문대학원)Theses (Master's Degree_법학전문대학원)
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