[pt] O objetivo desta dissertação é verificar se o comportamento do mediador no conflito entre árabes e israelenses está de acordo com a definição dada pelo modelo de mediação internacional. As duas vertentes principais desse modelo usadas aqui são a mediação tradicional e a mediação de segunda via, que determinam condutas diferenciadas para seus respectivos mediadores. Três processos foram selecionados para a análise e discussão das atividades e comportamentos de cada tipo de mediador. O primeiro caso trata da mediação feita pelo secretário de Estado americano Henry Kissinger entre Egito, Síria e Israel na década de 70. O segundo processo é a negociação conduzida pelo presidente Jimmy Carter entre Israel e Egito que assinaram os acordos de Camp David em 1978. E a terceira mediação é a feita entre israelenses e palestinos por representantes noruegueses de janeiro a agosto de 1993. / [en] The purpose of this dissertation is to verify whether the mediators behaviour in the conflict between Arabs and Israelis fits the definition of the international mediation model. The two main types of mediation used in this analysis, official mediation and pure mediation, define different behaviours to their respective mediators. Three case studies were chosen to analyse and discuss the activities and behaviours of each type of mediator. The first case refers to the mediation of the American Secretary of State Henry Kissinger between Egypt, Syria and Israel in the 70s. The second case studied here is the mediation of US President Jimmy Carter between Israel and Egypt, which culminated in the signing of the Camp David accords in 1978. And the last mediation studied here is the one of Norwegian representatives between Israelis and Palestinians from January to August 1993.

Thesis (MA)--Stellenbosch University, 2014. / ENGLISH ABSTRACT: Changes in world order have caused major shifts in the global positioning of states at the international level. The end of the Cold War ushered in a new power structure that shifted from a bipolar arrangement to a multipolar disposition. The emergence of this new world order allowed for emerging and developing states, such as Turkey, the opportunity to fill gaps left by the power vacuum created by the new multipolar power arrangement. This led the Turkish state on its path to become a middle power within the new world order. To assess the impact of changing world orders in the promotion of Turkey as a middle power in the new order, this study uses Coxian Critical Theory and the social relations of forces framework to account for Turkey’s middle power ascent. The framework developed by Robert Cox consists of three aspects, namely world orders, forms of state and the social relations of production. The change in world order both in the post-Cold War and post-2001 era has caused fundamental shifts within the Turkish state, both in terms of forms of state and in the social relations of production. Changes in the forms of state of the Turkish Republic following the end of the Cold War allowed for the creation of more robust civil society organizations, and a state that was transformed by the spread of international norms that originated at the world order level. International norms at the world order level not only affected the forms of state, but also the social relations of production and the political economy of Turkey. As a result changes in the forms of state and social relations of production informed by changes at the world order level, influenced the creation and execution of a proactive autonomous and internationally geared Turkish foreign policy, which is indicative of a middle power. / AFRIKAANSE OPSOMMING: Aanpassings in die wêreld orde het grootskaalse verskuiwings op internasionale vlak in die globale positionering van state te weeg gebring. Die einde van die Koue Oorlog het ontwikkel in ‘n nuwe mag struktuur wat beweeg het van bipolêre magskikking tot multi-polêre ingesteldheid. Die opkoms van hierdie nuwe wêreld orde het vir opkomende en ontwikkelende state, soos Turkye, die geleentheid gebied om in rolle in te tree wat ontstaan het as gevolg van die magsleemte wat veroorsaak is deur die nuwe multi-polêre orde. Die faktore het daartoe bygedra dat Turkye ‘n nuwe rol as ‘n intermedïere moondheid (‘middle power’) begin aanneem het. Hierdie studie het die Kritiese Teorie van Robert Cox gebruik om te bepaal wat die impak is van die veranderende wêreld orde op die ontwikkeling van Turkye as ‘n intermedïere moondheid in die nuwe wêreld orde, asook die mag van sosiale verwantskappe (‘social relations of forces’) raamwerk om rekenskap te gee and Turkye se rol as intermedïere moondheid. Die raamwerk wat deur Robert Cox ontwikkel is bestaan uit drie aspekte; die wêreld ordes, staatsvorme, en die sosiale verwantskappe van produksie. In beide die post- Koue Oorlog en die post-2001 era het die verandering in wêreld orde merkwaardige verskuiwings in die Turkse staat veroorsaak; beide in terme van die aard van die staat asook die sosiale verwantskappe van produksie. Teen die einde van die Koue Oorlog het die veranderinge in die aard van die staat van die Turkse Republiek toegelaat dat meer kragtige burgerlike samelewingsorganisasies kon bestaan, sowel as ‘n staat wat omskep was deur die verspreiding van internasionale norme, wat ontstaan het op wêreld orde vlak. Hierdie internasionale norme het nie net die forms of state vorm of aard van die staat beïnvloed nie, maar ook die sosiale verwantskappe van produksie en die politieke ekonomie van Turkye. Uit die aard van die saak het veranderinge in die vorm van die staat en sosiale verwantskappe van produksie wat veroorsaak was deur die verandering op wêreld orde vlak, gelei tot die ontstaan en ontwikkeling van ‘n pro-aktiewe, selfstandige en internationaal gerigte Turkse buitelandse beleid. Die laasgenoemde dui aan op Turkye se ewolusie as ʼn intermedïere moondheid.

This thesis examines the processes of the peace negotiations in Cambodia (1987-1993) and El Salvador (1989-1993) in order to address the following question: What does the interplay between the national factions and the external interveners in peace negotiations tell us about their chances of achieving their goals? By using the concept of ‘interplay,’ this study reinterprets the negotiation processes as the negotiating actors’ exchanges of strategic moves. In particular, it explores how the negotiating actors’ attitudes towards the core negotiation issues changed in the two cases and how the changes affected their counterparts’ negotiating strategies. There are two aspects to the findings of this thesis, one descriptive and the other explanatory. First, this study has investigated the characteristics of the negotiating actors’ strategies and the pattern of the interplay between them. As for the interveners’ strategies, this thesis finds that impartial third parties generally employ diplomatic intervention methods, while advocate states enjoy a wider range of options. In addition, national factions’ behaviour is generally affected by three factors: their fundamental goals, the domestic resources under their control, and the incentives or pressure from external interveners. It is also observed that the stronger the intervention becomes, the more that national factions’ provisional strategies are inclined to be receptive towards the intervention. Nevertheless, the national factions rarely fully accepted proposals that they deemed harmful to the achievement of their fundamental goals. Second, based on the descriptive findings, this thesis highlights the importance of mutual understanding between national factions and external interveners. The case studies of Cambodia and El Salvador show that the effectiveness of a particular intervention depends not so much on the type of method employed but on the context in which it is applied. An intervention is more likely to be effective when it is used in a way that national factions can understand and is supported by the consistently strong attention of external interveners. In addition, it is observed that actors’ ethnocentric perceptions on core concepts of conflict and negotiation as well as their lack of an effective communication capability are some of the common causes of the misunderstandings that arise during negotiation processes.

The purpose of this thesis is to present the main features of mediation with cross-border element, especially the most important aspects of relevant regulation in light of EU Mediation Directive 2008/52/EC ("Directive") and No. 202/2012 Coll. Act on Mediation and Change of Some Laws ("Mediation Act"). The thesis is composed of four chapters. The first chapter's purpose is to define the main principle of mediation and its position within ADR system. The second chapter deals with principal questions of the relation between mediation and international private law. The third chapter discusses cardinal aspects of mediation according Directive, its reflection within national regulation, i.e. within Mediation Act and subsequent comparison with regulation of selected member states. For the purpose of the comparison mentioned above, I use quotations from corresponding laws of particular member states in English translation. The fourth chapter deals with the position and role of mediation within the area of international dispute resolution as well as a look at newly adopted ICC Mediation Rules.

Evaluating the effectiveness of Thabo Mbeki’s political mediation in the Zimbabwean conflict of 2008, following a disputed election outcome, is the principal objective of this study. The Ripeness Theory of mediation and conflict resolution that was proposed by William Zartman and developed by other scholars is deployed as the theoretical framework of the study. The principal measure of the effectiveness of mediation lies in its success in resolving conflict in a sustainable manner. There is consensus in conflict resolution scholarship that the post-cold war era has witnessed a marked shift of conflicts from the inter-state scene to the intra-state domain, such as the one in Zimbabwe, 2008. This shift has brought with it increasing attention to issues of human security, human rights and democratisation in mediation and conflict resolution. As a result, a compelling need for the effective resolution of such conflicts, and guarantee of the enforcement of human rights, security and promotion of democratisation as part of mediation, has arisen. There is also a general acceptance, amongst scholars, that the success of mediation goes beyond the signing of mediated agreements as often case conflict has re-ignited after the signing of peace agreements. For that reason, the argument that mediation is counter-productive as it often puts a lid on the can of conflict without resolving the underlying conflict issues has achieved currency. There is therefore a general convergence of views in mediation literature that addressing the structural causes of disputes guarantees the sustainable resolution of conflict. It is in the context of these developments and views in international relations and politics that this study evaluates, using the Ripeness Theory, its limits noted, the effectiveness of Thabo Mbeki’s mediation in Zimbabwe, and the argument is advanced that often case mediated agreements are not effective mechanisms for the sustainable resolution of conflict and the achievement of democratisation and durable peace. Civil society groups need to be involved to expand the scope of negotiations and limit effects of mediator partiality. / Political Sciences / M.A. (International Politics)

1 Mediation as a Mean of International Commercial Dispute Resolution Abstract The subject of this dissertation is the topic of mediation in solving international commercial disputes. At the outset, the author focuses on the general theory of dispute and argues that the main psychological features of thinking about conflicts are inherent in virtually all types of social relations, regardless of their specific nature. It is therefore useful to recall the knowledge about the psychology of conflict in the context of research on the resolution of international commercial disputes, as this initial line of reasoning is also present. In the first part of the dissertation, the author defines the position of mediation within the spectrum of the dispute resolution and identifies its relationship with other ADR methods. She is particularly concerned with the recent change in the ADR area, particularly as regards the shift of arbitration towards judicial proceedings and convergence of mediation with arbitration in certain respects. Furthermore, the author considers the importance of mediation for international commerce, noting in particular the aspect of the institutionalisation of mediation and touches on the phenomenon of regional change in international trade. The author points out that the cross-border commercial...

[pt] A mediação internacional transformou-se nas últimas décadas devido a dois fatores: as mudanças nas características do conflito armado; e a entrada de novos atores. Os conflitos modificaram-se significativamente após o fim da Guerra Fria, apesar de já ser possível encontrar sinais destas transformações desde a década de 70. A entrada de novos atores, dos quais se destacam principalmente organizações não-governamentais (ONGs), foi uma resposta a essas novas necessitadas do conflito, a modificações na relação dos Estados com as ONGs e destas no campo da resolução de conflitos. As ONGs proporcionaram novas possibilidades à mediação internacional, abrindo o leque de possíveis soluções aos conflitos, por conseguirem atingir todos os níveis sociais durante o processo de resolução. As ONGs possibilitaram com que a mediação envolva toda a sociedade e desenvolva-se um longo processo de reconciliação. No entanto, como todo o mediador elas possuem vantagens e limitações que devem ser consideradas no momento da mediação. Além disso, é necessário ressaltar que a mediação pode envolver mais de um ator ou até mesmo mais de de um tipo de ator, desde que a ação deles seja coordenada. Objetivando analisar isto esta dissertação utilizará de três casos de estudo: Moçambique, Aceh e Burundi e as suas mediações. / [en] International mediation has been transformed over the last decades, primarily through two factors: the changed characteristics of armed conflict and the emergence of new actors. Conflicts were significantly modified after the Cold War, but races of these transformations can be found as early as the 1970s. The entry of new actors, principally Non-Governmental Organizations (NGOs), was a response to the exigencies of new conflict situations, and was due to the modification of the relationship between states and NGOs in the resolution of conflicts. Given this situation, this thesis analyzes the advantages and limitations of NGOs as international mediators, focusing on their role in three major conflicts: Mozambique, Aceh and Burundi.