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 ABSTRACT MEDIATION AS A MEAN OF INTERNATIONAL COMMERCIAL DISPUTE RESOLUTION This dissertation deals with the phenomenon of discrepancies between commonly shared perceptions about international mediation and its real and practical situation. The aim of this disertation is not to analyze the legal provisions on mediation in individual national jurisdictions or to analyze individual provisions of the private international law, which potentially apply to issues of cross-border mediation. The intention is to point to current trends and current issues in the field of international mediation. We especially want to conduct generally accepted theoretical concepts of mediation in an international context critical view by comparing it to empirical dates proving the actual state of mediation as a method of resolving international business disputes. The first part of this disertation summarizes the basic theoretical background related to mediation, which serves as a basis for the construction of generally recognized premises in this field. These premises relate to the context of international commerce. Therefore, it deals with the mediation principles, models and important aspects that are relevant to international commercial disputes with an international element. In the second part, the disertation tries to point...

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.