Pub Date : 2021-01-11DOI: 10.1332/policypress/9781529208191.003.0006
Asli Ozcelik
This chapter challenges the assumption that conformity with international law and norms during a mediation processes contributes to the legitimacy of the process and the durability of the outcome by probing the contingency and complexity of the roles international law plays in peace negotiations. It does so with reference to the highly legalised peace negotiations between the FARC and the Colombian government during 2012-2016, particularly in relation to the negotiations on the legal entrenchment of the agreement and the transitional justice sub-agreement. The chapter argues that, despite certain advantages of the existence of a normative framework in peace mediation, the contested nature of the project of international law itself, especially as it relates to transitional justice and the reform of domestic politico-legal orders, and its malleability to strategic instrumentalisation need to be taken into account when mediation policy and practices are determined.
{"title":"The Challenges of Legalized Peacemaking: The Case of the 2012–16 Peace Negotiations in Colombia","authors":"Asli Ozcelik","doi":"10.1332/policypress/9781529208191.003.0006","DOIUrl":"https://doi.org/10.1332/policypress/9781529208191.003.0006","url":null,"abstract":"This chapter challenges the assumption that conformity with international law and norms during a mediation processes contributes to the legitimacy of the process and the durability of the outcome by probing the contingency and complexity of the roles international law plays in peace negotiations. It does so with reference to the highly legalised peace negotiations between the FARC and the Colombian government during 2012-2016, particularly in relation to the negotiations on the legal entrenchment of the agreement and the transitional justice sub-agreement. The chapter argues that, despite certain advantages of the existence of a normative framework in peace mediation, the contested nature of the project of international law itself, especially as it relates to transitional justice and the reform of domestic politico-legal orders, and its malleability to strategic instrumentalisation need to be taken into account when mediation policy and practices are determined.","PeriodicalId":179616,"journal":{"name":"Rethinking Peace Mediation","volume":null,"pages":null},"PeriodicalIF":0.0,"publicationDate":"2021-01-11","publicationTypes":"Journal Article","fieldsOfStudy":null,"isOpenAccess":false,"openAccessPdf":"","citationCount":null,"resultStr":null,"platform":"Semanticscholar","paperid":"116934916","PeriodicalName":null,"FirstCategoryId":null,"ListUrlMain":null,"RegionNum":0,"RegionCategory":"","ArticlePicture":[],"TitleCN":null,"AbstractTextCN":null,"PMCID":"","EPubDate":null,"PubModel":null,"JCR":null,"JCRName":null,"Score":null,"Total":0}
Pub Date : 2021-01-11DOI: 10.1332/POLICYPRESS/9781529208191.003.0012
Francis B. Ward
This chapter assesses the increase in proxy conflict and asks how mediators can most effectively engage in conflicts which have proxy elements. To achieve a mediated settlement, the challenge for any mediator is to ensure a minimal level of consent between the warring factions. To build this consent, the mediator needs to understand the aims and drivers of the parties, and how those drivers can be appealed to all sides. This exercise is difficult enough; a conflict in which the primary actors are influenced by an external party makes gaining the necessary consent even more challenging. Given the increasing relevance of proxy sponsors in civil conflicts, this chapter it considers how proxies and the de-facto proliferation of actors impacts process design, and assesses options for multi-track mediation efforts to effectively confront the challenges created.
{"title":"Mediating Multilateral Proxy Conflicts","authors":"Francis B. Ward","doi":"10.1332/POLICYPRESS/9781529208191.003.0012","DOIUrl":"https://doi.org/10.1332/POLICYPRESS/9781529208191.003.0012","url":null,"abstract":"This chapter assesses the increase in proxy conflict and asks how mediators can most effectively engage in conflicts which have proxy elements. To achieve a mediated settlement, the challenge for any mediator is to ensure a minimal level of consent between the warring factions. To build this consent, the mediator needs to understand the aims and drivers of the parties, and how those drivers can be appealed to all sides. This exercise is difficult enough; a conflict in which the primary actors are influenced by an external party makes gaining the necessary consent even more challenging. Given the increasing relevance of proxy sponsors in civil conflicts, this chapter it considers how proxies and the de-facto proliferation of actors impacts process design, and assesses options for multi-track mediation efforts to effectively confront the challenges created.","PeriodicalId":179616,"journal":{"name":"Rethinking Peace Mediation","volume":null,"pages":null},"PeriodicalIF":0.0,"publicationDate":"2021-01-11","publicationTypes":"Journal Article","fieldsOfStudy":null,"isOpenAccess":false,"openAccessPdf":"","citationCount":null,"resultStr":null,"platform":"Semanticscholar","paperid":"122063590","PeriodicalName":null,"FirstCategoryId":null,"ListUrlMain":null,"RegionNum":0,"RegionCategory":"","ArticlePicture":[],"TitleCN":null,"AbstractTextCN":null,"PMCID":"","EPubDate":null,"PubModel":null,"JCR":null,"JCRName":null,"Score":null,"Total":0}
Pub Date : 2021-01-11DOI: 10.1332/POLICYPRESS/9781529208191.003.0017
Anne Holper, L. Kirchhoff
This chapter comments on the changes experienced in the field of peace mediation as a result of the increased professionalisation and regulation of the field in the past decade. These processes deeply affect the practice of peace mediation, and yet it is as yet unclear whether and how professionalisation and regulation affect the outcomes of mediated negotiations. The chapter examines the ways in which the major paradigm shift from a traditional reliance on individualised, non-transferable skills to nuanced mediation expertise has changed, or not, the field of peace mediation. It argues that professionalisation has tested the field and its ability to co-operatively improve its own practices, and suggests a model for ‘sorting out’ the status quo and readjusting mediation as a form of conflict resolution.
{"title":"Rethinking the Professionalization of Peace Mediation","authors":"Anne Holper, L. Kirchhoff","doi":"10.1332/POLICYPRESS/9781529208191.003.0017","DOIUrl":"https://doi.org/10.1332/POLICYPRESS/9781529208191.003.0017","url":null,"abstract":"This chapter comments on the changes experienced in the field of peace mediation as a result of the increased professionalisation and regulation of the field in the past decade. These processes deeply affect the practice of peace mediation, and yet it is as yet unclear whether and how professionalisation and regulation affect the outcomes of mediated negotiations. The chapter examines the ways in which the major paradigm shift from a traditional reliance on individualised, non-transferable skills to nuanced mediation expertise has changed, or not, the field of peace mediation. It argues that professionalisation has tested the field and its ability to co-operatively improve its own practices, and suggests a model for ‘sorting out’ the status quo and readjusting mediation as a form of conflict resolution.","PeriodicalId":179616,"journal":{"name":"Rethinking Peace Mediation","volume":null,"pages":null},"PeriodicalIF":0.0,"publicationDate":"2021-01-11","publicationTypes":"Journal Article","fieldsOfStudy":null,"isOpenAccess":false,"openAccessPdf":"","citationCount":null,"resultStr":null,"platform":"Semanticscholar","paperid":"130283919","PeriodicalName":null,"FirstCategoryId":null,"ListUrlMain":null,"RegionNum":0,"RegionCategory":"","ArticlePicture":[],"TitleCN":null,"AbstractTextCN":null,"PMCID":"","EPubDate":null,"PubModel":null,"JCR":null,"JCRName":null,"Score":null,"Total":0}
Pub Date : 2021-01-11DOI: 10.46692/9781529208207.016
Mir Mubashir, Julian Klauke, Luxshi Vimalarajah
{"title":"The Nexus of Peace Mediation and Constitution Making: The Case for Stronger Interaction and Collaboration","authors":"Mir Mubashir, Julian Klauke, Luxshi Vimalarajah","doi":"10.46692/9781529208207.016","DOIUrl":"https://doi.org/10.46692/9781529208207.016","url":null,"abstract":"","PeriodicalId":179616,"journal":{"name":"Rethinking Peace Mediation","volume":null,"pages":null},"PeriodicalIF":0.0,"publicationDate":"2021-01-11","publicationTypes":"Journal Article","fieldsOfStudy":null,"isOpenAccess":false,"openAccessPdf":"","citationCount":null,"resultStr":null,"platform":"Semanticscholar","paperid":"124154916","PeriodicalName":null,"FirstCategoryId":null,"ListUrlMain":null,"RegionNum":0,"RegionCategory":"","ArticlePicture":[],"TitleCN":null,"AbstractTextCN":null,"PMCID":"","EPubDate":null,"PubModel":null,"JCR":null,"JCRName":null,"Score":null,"Total":0}
Pub Date : 2021-01-11DOI: 10.1332/POLICYPRESS/9781529208191.003.0003
S. Vuković
This chapter elucidates the relevance of norm diffusion as a strategic tool through which mediators assert not only their control over the peacemaking process, but manage to use it to institute, consolidate and boost their international relevance, credibility and reputation more generally. While both legitimacy and soft power have received ample attention from various subfields in social sciences, surprisingly, very little is known about the role they play in international mediation broadly, and norm diffusion through mediation in particular. Building on existing international relations literature on legitimacy and soft power, the chapter aims to address this gap and examine which factors enable or deter norm diffusion through mediation, and their impact on mediators’ choices in peacemaking.
{"title":"Norm Diffusion in International Peace Mediation","authors":"S. Vuković","doi":"10.1332/POLICYPRESS/9781529208191.003.0003","DOIUrl":"https://doi.org/10.1332/POLICYPRESS/9781529208191.003.0003","url":null,"abstract":"This chapter elucidates the relevance of norm diffusion as a strategic tool through which mediators assert not only their control over the peacemaking process, but manage to use it to institute, consolidate and boost their international relevance, credibility and reputation more generally. While both legitimacy and soft power have received ample attention from various subfields in social sciences, surprisingly, very little is known about the role they play in international mediation broadly, and norm diffusion through mediation in particular. Building on existing international relations literature on legitimacy and soft power, the chapter aims to address this gap and examine which factors enable or deter norm diffusion through mediation, and their impact on mediators’ choices in peacemaking.","PeriodicalId":179616,"journal":{"name":"Rethinking Peace Mediation","volume":null,"pages":null},"PeriodicalIF":0.0,"publicationDate":"2021-01-11","publicationTypes":"Journal Article","fieldsOfStudy":null,"isOpenAccess":false,"openAccessPdf":"","citationCount":null,"resultStr":null,"platform":"Semanticscholar","paperid":"130880594","PeriodicalName":null,"FirstCategoryId":null,"ListUrlMain":null,"RegionNum":0,"RegionCategory":"","ArticlePicture":[],"TitleCN":null,"AbstractTextCN":null,"PMCID":"","EPubDate":null,"PubModel":null,"JCR":null,"JCRName":null,"Score":null,"Total":0}
Pub Date : 2021-01-11DOI: 10.1332/POLICYPRESS/9781529208191.003.0011
Jeffrey R. Seul
This chapter considers the ways in which liberal institutions and approaches to peace mediation are inadequate for conflicts rooted in competing worldviews. Many of the most persistent and challenging conflicts are, and always have been, propelled by contending worldviews and their normative dictates. Yet peace mediation processes seem inadequately attuned to the drivers of such conflicts, and unresponsive to the core motivations and aspirations of conflict stakeholders. As a result, the default mechanisms, practices and mindsets that have been relied upon for decades in efforts to manage and resolve violent intra state and international conflict, including common modes of peace mediation, may no longer be fully up to the task. The chapter highlights this failure and proposes a strategy for peace mediation practice to engage in a more meaningful way with this tension.
{"title":"Mediating Across Worldviews","authors":"Jeffrey R. Seul","doi":"10.1332/POLICYPRESS/9781529208191.003.0011","DOIUrl":"https://doi.org/10.1332/POLICYPRESS/9781529208191.003.0011","url":null,"abstract":"This chapter considers the ways in which liberal institutions and approaches to peace mediation are inadequate for conflicts rooted in competing worldviews. Many of the most persistent and challenging conflicts are, and always have been, propelled by contending worldviews and their normative dictates. Yet peace mediation processes seem inadequately attuned to the drivers of such conflicts, and unresponsive to the core motivations and aspirations of conflict stakeholders. As a result, the default mechanisms, practices and mindsets that have been relied upon for decades in efforts to manage and resolve violent intra state and international conflict, including common modes of peace mediation, may no longer be fully up to the task. The chapter highlights this failure and proposes a strategy for peace mediation practice to engage in a more meaningful way with this tension.","PeriodicalId":179616,"journal":{"name":"Rethinking Peace Mediation","volume":null,"pages":null},"PeriodicalIF":0.0,"publicationDate":"2021-01-11","publicationTypes":"Journal Article","fieldsOfStudy":null,"isOpenAccess":false,"openAccessPdf":"","citationCount":null,"resultStr":null,"platform":"Semanticscholar","paperid":"114243470","PeriodicalName":null,"FirstCategoryId":null,"ListUrlMain":null,"RegionNum":0,"RegionCategory":"","ArticlePicture":[],"TitleCN":null,"AbstractTextCN":null,"PMCID":"","EPubDate":null,"PubModel":null,"JCR":null,"JCRName":null,"Score":null,"Total":0}
Pub Date : 2021-01-11DOI: 10.1332/POLICYPRESS/9781529208191.003.0015
M. Varela
{"title":"Technology and Peace Mediation: A Shift in the Mediator’s Profession?","authors":"M. Varela","doi":"10.1332/POLICYPRESS/9781529208191.003.0015","DOIUrl":"https://doi.org/10.1332/POLICYPRESS/9781529208191.003.0015","url":null,"abstract":"","PeriodicalId":179616,"journal":{"name":"Rethinking Peace Mediation","volume":null,"pages":null},"PeriodicalIF":0.0,"publicationDate":"2021-01-11","publicationTypes":"Journal Article","fieldsOfStudy":null,"isOpenAccess":false,"openAccessPdf":"","citationCount":null,"resultStr":null,"platform":"Semanticscholar","paperid":"134374859","PeriodicalName":null,"FirstCategoryId":null,"ListUrlMain":null,"RegionNum":0,"RegionCategory":"","ArticlePicture":[],"TitleCN":null,"AbstractTextCN":null,"PMCID":"","EPubDate":null,"PubModel":null,"JCR":null,"JCRName":null,"Score":null,"Total":0}
{"title":"Towards a More Integrated Approach?","authors":"J. Pring","doi":"10.2307/j.ctv1d82h8q.18","DOIUrl":"https://doi.org/10.2307/j.ctv1d82h8q.18","url":null,"abstract":"","PeriodicalId":179616,"journal":{"name":"Rethinking Peace Mediation","volume":null,"pages":null},"PeriodicalIF":0.0,"publicationDate":"2021-01-11","publicationTypes":"Journal Article","fieldsOfStudy":null,"isOpenAccess":false,"openAccessPdf":"","citationCount":null,"resultStr":null,"platform":"Semanticscholar","paperid":"127197550","PeriodicalName":null,"FirstCategoryId":null,"ListUrlMain":null,"RegionNum":0,"RegionCategory":"","ArticlePicture":[],"TitleCN":null,"AbstractTextCN":null,"PMCID":"","EPubDate":null,"PubModel":null,"JCR":null,"JCRName":null,"Score":null,"Total":0}
Pub Date : 2021-01-11DOI: 10.1332/POLICYPRESS/9781529208191.003.0008
Elisa Tarnaala
This chapter explores the ways in which structural condition such as political institutions, historical legacies and economic realities shape the limits of what is possible in mediation and resulting peace processes. Mediation scholarship focusing on international diplomacy and formal processes has paid little attention to the interplay between contested political processes ats regime level and the collective action of ordinary people in demonstrations, protests and revolutions. Yet both regime type and previous patterns of mobilisation and protest impact the space for manoeuvre in mediation. The chapter highlights how pre-existing configurations of political contestation, as well as unexpected manifestations of political agency affect what is deemed possible by both the regime and outside contenders, making these dynamics important aspects of a peace mediation process.
{"title":"Rethinking Mediation During Contested Regime Transformation and Episodes of Mobilization","authors":"Elisa Tarnaala","doi":"10.1332/POLICYPRESS/9781529208191.003.0008","DOIUrl":"https://doi.org/10.1332/POLICYPRESS/9781529208191.003.0008","url":null,"abstract":"This chapter explores the ways in which structural condition such as political institutions, historical legacies and economic realities shape the limits of what is possible in mediation and resulting peace processes. Mediation scholarship focusing on international diplomacy and formal processes has paid little attention to the interplay between contested political processes ats regime level and the collective action of ordinary people in demonstrations, protests and revolutions. Yet both regime type and previous patterns of mobilisation and protest impact the space for manoeuvre in mediation. The chapter highlights how pre-existing configurations of political contestation, as well as unexpected manifestations of political agency affect what is deemed possible by both the regime and outside contenders, making these dynamics important aspects of a peace mediation process.","PeriodicalId":179616,"journal":{"name":"Rethinking Peace Mediation","volume":null,"pages":null},"PeriodicalIF":0.0,"publicationDate":"2021-01-11","publicationTypes":"Journal Article","fieldsOfStudy":null,"isOpenAccess":false,"openAccessPdf":"","citationCount":null,"resultStr":null,"platform":"Semanticscholar","paperid":"133852370","PeriodicalName":null,"FirstCategoryId":null,"ListUrlMain":null,"RegionNum":0,"RegionCategory":"","ArticlePicture":[],"TitleCN":null,"AbstractTextCN":null,"PMCID":"","EPubDate":null,"PubModel":null,"JCR":null,"JCRName":null,"Score":null,"Total":0}
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