In recent years, the tendency has been to settle international disputes by informal methods. Among those methods conciliation has seen a successful revival, after many years of decline, in the case of Timor Leste v. Australia while inter-State complaint proceedings under the UN-sponsored human rights treaties have unexpectedly reached their merits stage of conciliation. The present book takes stock of these developments by portraying, at the same time, the potential of the OSCE Court of Conciliation and Arbitration which still remains to be fully activated. Additionally, the contributions reach out to geographical areas in Africa and Asia. An analysis of the relevant procedural mechanisms completes the study to which 14 authors from nine different countries have contributed.
Notes
Includes index.
Source of description
Description based on print version record.
Contents
Introduction : the paradox of conciliation / Marcelo G. Kohen
Inter-state conciliation between 1931 and 1957, the cases with participation of European state, lessons to be drawn from today's viewpoint / Heinhard Steiger
Is conciliation obsolete or démodé? dispute settlement as a protracted process of interaction between the parties concerned / Daniel Thürer
The potential for inter-state conciliation within the framework of the UN treaties for the protection of human rights / Emmanuel Decaux
The potential of inter-state conciliation within the framework of environmental treaties / Malgosia Fitzmaurice
Africa and international conciliation / Makane Moïse Mbengue and Apollin Koagne Zouapet
A foundational experiment : the Timor Leste-Australia conciliation / Ginevra Le Moli and Jorge E. Viñuales
Confidentiality of conciliation proceedings and their outcome : a reflection in light of the experience of the Timor-Leste/ Australia conciliation commission / Serena Forlati
The conciliation procedure of the OSCE court : problems and prospects / Riccardo Pisillo Mazzeschi and Eugenio Carli
The relationship between the OSCE court of conciliation and arbitration and the court of justice of the European Union / Pál Sonnevend and Gábor Bazsó
Lessons drawn and upcoming challenges / Christian Tomuschat .
ISBN
9789004433137
9004433139
Doi
10.1163/9789004433137
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