Mediation - Political-Diplomatic Means for Solving International Conflicts

• Author: Madalina Cocosatu
• Position: National School of Political Studies and Public Administration, Romania
• Pages: 343-346

Legal Sciences

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Mediation – Political-Diplomatic Means for Solving

International Conflicts

Mdlina Cocoatu

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Abstract: The peaceful settlement of international disputes is a fundamental requirement for the preservation

of international peace and security. The contemporary international law consecrated the states’ obligation to

settle the conflicts between them exclusively through peaceful means. In the modern age, characterized by the

dynamics of the international relations and structures, the problem of using the modalities of peaceful

settlement of disputes is closely connected to the adaptation of international law to the requirements of the

new international economic and political order. Together with negotiation, good offices , conciliation and

international investigation, mediation represents an important modality in the peaceful settlement of

international conflicts. In the paper at hand, we shall present the historical evolution of this institution and

will analyze the procedure for achieving mediation, in comparison to the other modalities. Also, an important

role in our res earch will be held by the analysis of the role of the United Nations Organization in solving

international conflicts through political-diplomatic means.

Keywords: International Conflicts, mediation, regulation, process of peaceful

1. Introduction

The peaceful settlement of international disputes and the concrete means for solving them are the

result of a long historical evolution of the relations between states and of the development and

improvement of the institutions and regulations of international law, representing one of the

fundamental principles of international law.

The most important norms which make up the content of this principle are the states’ obligation to

settle their international disputes only through peaceful means and through the free choice o f the

solving means.

The peaceful means of solving international disputes are divided into three categories (Geamnu,

1983, p. 39):

• peaceful means without jurisdictional character (diplomatic) – the talks or negotiations, good

offices, mediation, inquiry and conciliation;

• peaceful means with jurisdictional character – arbitration and mandatory (compulsory)

jurisdiction;

• the procedure of settling the disputes between the states by means of the international

organisms and organizations.

The means without jurisdictional character or the diplomatic ones are those which target the reaching

of an agreement between the states for the settlement of the dispute.

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National School of Political Studies and Public Administration, Romania, Address: 6 Povernei str., Sector 1, Bucharest,

Romania, Tel.:+4021.318.08.97, fax: +4021.312.25.35, Corresponding author: madacocosatu@yahoo.com.