Self-Determination in International Mediation
Self-Determination in International Mediation

Author: Jacqueline M. Nolan-Haley

Publisher:

Published: 2013

Total Pages: 13

ISBN-13:

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Few concepts have generated as much discussion in the post-war international legal system as that of quot;self-determination.quot; Scholars debate the proper identity of the quot;selvesquot; endowed with this right, its boundaries, and its normative relevance. When the focus turns to mediation, the discussion becomes murky because the concept of self-determination has both procedural and substantive components, and is noticeably different in the private and public sectors.The generic concept of self-determination relates to ideas of democratic governance and the Enlightenment belief that legitimate government depends upon the consent of the governed. As adapted to private mediation theory, the right of self-determination allows parties to participate in decisionmaking and voluntarily decide the outcome of their disputes. This understanding of self-determination is rooted in the philosophical principle of personal autonomy and is expressed through the legal doctrine of informed consent. The simple version of the normative story states that those who are affected by a dispute should voluntarily consent to the outcome of that dispute. In short, quot;partyquot; self-determination in mediation gives ownership of the conflict to the disputants.The self-determination story becomes more complex under international law. In theory, as a substantive legal principle, self-determination is the foundational value of the sovereign state, broadly understood as a democratic principle that requires the consent of the governed. International law limits the legal privilege of self-determination to nations and peoples, referring to quot;nationalquot; rather than quot;partyquot; or group self-determination. In contrast to its honored status in private mediation, little attention is paid to the procedural aspects of self-determination in public mediation. This article focuses on how we account for this missing process value in public mediation discourse, and why the discourse matters.

Self-Determination in Mediation
Self-Determination in Mediation

Author: Dan Simon

Publisher: Rowman & Littlefield

Published: 2022-08-23

Total Pages: 199

ISBN-13: 1538153874

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Mediators are often pulled in many directions—they want to help their clients reach a speedy agreement, ensure the agreement is fair, and avoid coercion so they can honor mediation’s primary value of party self-determination. Can we have it all? In this groundbreaking resource, Dan Simon and Tara West illustrate how self-determination can mean much more than the absence of coercion—it can mean the opportunity for participants to increase their sense of agency as they gain clarity and confidence to make their own decisions, including those that express their highest values. Offering psychological research, philosophical principles, and real-life mediation stories, the authors examine where self-determination belongs in relation to other values, such as fairness, protection, and efficiency, as they wrestle with how to apply their principles in particularly challenging divorces, workplace conflicts, and more. Readers will be challenged to think deeply about how their values and assumptions guide their practice, and they will be inspired to more fully embrace their commitment to self-determination.

Self-Determination and Secession
Self-Determination and Secession

Author: Natalija Shikova

Publisher: Springer Nature

Published: 2023-08-28

Total Pages: 276

ISBN-13: 3031343220

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This book offers a comprehensive summary of extant international law scholarship on the topics of self-determination and secession and positions the concepts among present-day theory and relevant practice, illustrated through various ongoing cases and historical examples. The right to self-determination is among the least understood rights within international law. Theoretical dilemmas – as to whether there is a link between self-determination and secession – are nothing new. In essence, self-determination is a much broader concept than secession and obtaining independent statehood. Unilateral secession is not prohibited by international law, but neither is it per se welcomed or accepted in practice. Beyond the context of decolonization, secession claims have long been viewed with disapproval in international law, and lawyers have been extremely skeptical about the issue. Although this is still the case, there are also new trends and opportunities to explore situations in which secession can be accepted, legitimized, or even legally permissible. The yardstick for this is the diplomatic response to secessionism and the growing involvement of the international community in mediation and conflict resolution. Though finding solutions can be difficult, within the existing frame, the ongoing tension between the duty of every society to recognize pluralism and diversity on the one hand, and the inherent desire of every culture – whether majority, minority or indigenous – to protect its values and ensure conformity on the other, must be resolved. The practices and modalities that envisage the internal dimension of the right to self-determination as a right that is exercised within the state borders can offer such opportunities. The appropriate role of the state and the international community is to serve as mediators between competing forces and to set parameters that can transform destructive conflicts into productive political models.

Negotiating Self-determination
Negotiating Self-determination

Author: Hurst Hannum

Publisher: Lexington Books

Published: 2006

Total Pages: 180

ISBN-13: 9780739114339

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Living in the age of American 'hyperpower' the relevance of both international law and conflict resolution have been called into question. Hannum and Babbitt, highly respected practitioners in these respective fields, have collected a series of experts to examine the relationship between these two disciplines. Focusing on self-determination, a particularly thorny issue of international law, Negotiating Self-Determination takes an in-depth look at what an understanding of conflict analysis can bring to this field and the impact that international legal norms could potentially have on the work of conflict resolvers in self-determination conflicts. Allen Buchanan's philosophical writings consider the goals of secessionists, Erin Jenne uses quantitative analysis to explain the conditions under which secessionist movements come into existence, and Anke Hoeffler and Paul Collier study the economic basis for secessionist movements. This well-researched volume looks beyond the international law and policy fields of the editors to philosophy, anthropology, political science, and economy to assist in gaining a more complete understanding of self-determination and conflict prevention.

Self-Determination
Self-Determination

Author: Donald Clark

Publisher: Springer

Published: 2016-07-27

Total Pages: 466

ISBN-13: 1349249181

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This is a significant contribution to the worldwide discussion of political self-determination as a source of socio-cultural and political hope, conflict and confusion. Inspired by Martin Ennals, long the quietly visionary Director-General of Amnesty International, the book consists of cases and penetratingly definitive analyses, culminating in trenchant recommendations for action by world bodies. With self-determination intensely at issue so widely, from the former Yugoslavia to Kashmir to Quebec, this distinguished book by a global group of experts is particularly timely.

Mediation Ethics
Mediation Ethics

Author: Rachael Field

Publisher: Edward Elgar Publishing

Published: 2020-05-29

Total Pages: 264

ISBN-13: 1786437783

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Traditional ideas of mediator neutrality and impartiality have come under increasing attack in recent decades. There is, however, a lack of consensus on what should replace them. Mediation Ethics offers a response to this question, developing a new theory of mediation that emphasises its nature as a relational process.

Reckoning with Empire: Self-Determination in International Law
Reckoning with Empire: Self-Determination in International Law

Author: Miriam Bak Mckenna

Publisher: BRILL

Published: 2022-11-28

Total Pages: 234

ISBN-13: 9004479198

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The book adopts a new approach to self-determination’s international legal history, tracing the ways in which various actors have sought to reinvent self-determination in different juridical, political, and economic iterations to create the conditions for global transformation.

Modern law and self-determination
Modern law and self-determination

Author: Christian Tomuschat

Publisher: Martinus Nijhoff Publishers

Published: 1993-09-02

Total Pages: 368

ISBN-13: 9780792323518

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"Modern Law of Self-Determination" examines the significance of the right to self-determination in the new world order. For decades, self-determination was seen as a right of colonial peoples. Now the decolonization process has come to an end, its scope and meaning need to be re-examined. Increasingly, the ethnic groups within established nation States claim some separate political status. In extreme cases of persecution of an ethnic group by a ruling majority, secession may provide the only viable remedy to resolve the conflict. However, international law cannot promote a general Balkanization' of the globe. The legitimate interests of all ethnic groups should be accommodated within the framework of existing States. Self-determination, which today is predominantly understood as implying a right to independent statehood, may have to be re-interpreted as conferring no more than a right to autonomy or federal statehood. Such a conception is in line with a modern tendency that highlights the necessary internal dimension of self-determination. "Modern Law of Self-Determination" is based on papers delivered at a conference in Bonn in August 1992 which have been updated and reviewed by the authors in light of the discussions following their presentation.