International Dispute

Resolution Systems

Goce Todoroski

Hovhannes Vardanyan

Sisi Zheng

Yuriy Nikiforov
 How to solve a conflict?
• Identify its source.
• Approach it with flexibility.
•Have a “give and take” policy.
• Express the needs clearly and specifically.
•Take a “listening stance.”
•Problem solving does not mean “my way or the
highway.”
 How to solve a conflict?
(Cont.)
• The simplest conflict resolution is communication with
a willingness to resolve the conflict.

•Identify a “safe place” for negotiation: Timing is

important.

•Establish ground rules for civil, constructive dialog.

•
•Manage process with calmness, patience and respect.
 International Disputes
Between countries Between companies in different countries
- Territorial (Pakistan vs. India, etc.) •- Meeting financial or other obligations

- Trade/tariffs (US vs. China, US vs. •- Contracts

Russia, Georgia vs. Russia) •- Taxation

- Extradition of citizens that committed

crimes (Pinochet vs. Spain, Bin
Laden/Taliban vs. US)
- Cultural/property (Greece vs. British
Museum, Armenian Church property in
Israel, Georgia)

Between government and company from Between government and private persons
different country from other countries
EU vs. Microsoft, EU vs. GE - Trying/torturing terrorist suspects citizens of
other country
Direct Human Costs of
Conflict

Source: http://www.humansecuritybrief.info/figures/Figure_3.2.jpg
Costs of emergencies
“Consolidated Appeals Process”
Total requested: ~$9.5B
Total funded: ~$6.2B
66%
More negotiated
settlements?

Source: http://www.humansecuritybrief.info/figures/Figure_3.3.jpg
  International Bodies
UN
General Assembly
Security Council
International Court of Justice
Secretary General and his Special Envoys
and Special Representatives
Regional and Sub-regional Bodies
African Union, EU, OSCE, League of Arab States
UN System bodies
WTO
International Criminal Court
International Arbitration
 Disputes Continuum
Procedures

Dispute

Relationships Issues
Idea is from the Connecting Inquiry to Strategy slide,
Prof . Christina S . Merchant , Dispute System Design Prese
  Power-based methods:
UN SC
Security Council
Conflict-resolution mechanism
 Former Italian colonies of Eritrea, Somalia
(through Trusteeship Council)
 Palestine mandate

Peacekeeping
 Sinai
Peninsula following the Suez crisis
(1956-67)
 Congo (1960-64)



 Rights-based option
Investment disputes; International Law

International Court of Justice

International Criminal Court (+
Special International Tribunals)
International Center For The
Settlement of Investment Disputes
(ICSID)
UN Commission on International Trade
Law (UNCITRAL)

  Interest-based methods
•
•N e g o tia tio n
•Fa cilita tio n
•
•M e d ia tio n

D ire ct o r th ro u g h

•S p e cia lre p re se n ta tive s o f th e S G

•S p e cia le n vo ys
•M e d ia tio n su p p o rt u n it
 Case Study: Macedonia

Source: http://www.worldatlas.com/webimage/countrys/europe/mk.htm
Greece – Macedonia: name
dispute
Its origins lie in the differing perspectives on
the history of the region and challenges
which both nations perceive to their
respective identities.
History question goes back to the era of
Alexander the Great
The use by Macedonia of symbols from the
classical period, identifying the modern state
with Alexander, is widely seen by Greeks as
an offensive appropriation of the Hellenic
heritage.
Background of the dispute –
the beginning – historic
facts
In the Balkan Wars of 1912-1913,
Macedonia was divided among Greece,
Bulgaria and Serbia.
The Greek Civil War between 1946-49
Thousands of Greece Slavic
Macedonians were pushed into
Yugoslavia during the war, and their
land was confiscated by the Greek
government.
These properties were given to Greeks
who remained loyal to the government.
1991
Republic of Macedonia broke away from
Yugoslavia
Ethnic composition of Macedonia
Ø66 % Ethnic Macedonian
Ø24 % Ethnic Albanian
Ø10 % other nationalities – Turkish, Roma, Vlah,
Bosniaks
By 1993, the republic became a member of the
United Nations under the appellation "The
Former Yugoslav Republic of Macedonia
(FYROM)
February 9 1994, - USA recognised Republic of
Greece – Macedonia: name
dispute
(cont.)
Greece escalated the dispute in February 1994,
when it imposed an embargo on its northern
neighbour, excepting only food and
pharmaceuticals.
An accommodation of sorts was reached in
September 1995,
UN special envoy Cyrus Vance with the
involvement of U.S. Assistant Secretary of
State Richard Holbrooke, mediated a deal, the
Interim Accord,
New UN mediator, Matthew Nimetz, a U.S.
lawyer and former senior State Department
official who took over from Vance in 1999
Matthew Nimetz –
negotiations
In March 2005, he suggested that the name for
use at the UN should be “Republika
Makedonija – Skopje”, in Macedonian and not
to be translated into any other language
In October 2005 “Republic of Macedonia –
Skopje”
Skopje 2007 - rename Skopje Airport after
Alexander the Great.
placing several classical-era statues in front of
the government building in Skopje
NATO’s April 2008 Bucharest summit
 Evaluation
Pros
Majority of interstate conflicts are
managed, if not resolved
Variety of options to choose from allow
states to refrain from violence
Cons
Reflect reality that is outdated
Is not very well suited for intrastate
conflicts—some modifications are
required to bring all stakeholders on
board (currently not all actors are
represented)
 Evaluation (cont.)
Focus on interests (sometimes more on positions)

Provide for loop-backs (definitely)

Low-cost power- and rights-based backup
alternatives (usually, however assessing costs)

Built-in consultation before and feedback after

Parties maintain control as long as possible

Motivation, skills and resources
Conflicts in the world

Source: Uppsala Conflict Data Program (2009/12/05) UCDP Database, Uppsala University
©2008 | Department of Peace and Conflict Research
Is it Desirable?
Possible?
Feasible?
 Alternatives?
Interest-based problem
solving


Imagine…