Dispute resolution tool: Mediation by the EU edit
History edit
The European Union is a political and economic union of twenty eight member states in Europe. Originally conceived as a plan to achieve peace through economic interdependance, the EU has expanded to become a political union of states.[1] In exchange for mobility, growth, and regulation, the members states give up part of their sovereignty as part of the joining progress. Originally started in 1958, the EU has grown to become one of the largest sovereign intergovernmental organizations in the world.
Mediation Process edit
Mediation is generally understood to be to be when a third party helps parties find a solution to a problem they cannot find themselves. As the EU is a Intergovernmental Organization, the parties in which is mediates are generally under or near its sphere of influence. Some of its more notable mediations has included the state union of Serbia-Montenegro, the Kosovo-Serbia Dialogue, and the Belgrade-Pristina dispute. However, somewhat unusually for IGOs, the EU has supported and even been the main player in mediations all over the world outside its sphere. Mediation is seen by the EU as a first line response to conflict prevention and as preventative diplomacy.[2] The EU acts not only as a direct mediating body, but also promotes, leverages, supports, and funds mediation and dialogue between conflicting parties. As part of its mediation process, the EU generally recruits both other powerful international players and members of each conflicting party. It is very rare that the EU will be the only outside member policing a conflict. Much of the EU's focus in mediation is on support, funding and training other mediation groups. They have partially funded and supported the mediation groups in the UN, as well as almost completely funded and trained the mediation groups in the African Union.[3] The EU has created a mediation support team to assist the development of mediation worldwide. The EU understands ‘mediation’ as a way of assisting negotiations between conflict parties and transforming conflicts with the help of an acceptable third party. The general goal of mediation is to enable parties in conflict to reach agreements they find satisfactory and are willing to implement. ‘Dialogue’ is an open ended process, aimed at creating a culture of communication that can provide common ground, confidence-building and improved understanding among opposing parties. Both dialogue and mediation can help prevent conflicts and be means towards achieving wider reconciliation and peacebuilding.[4] Typical strategy in mediation for the EU is to work with a team of mediators to try and resolve a conflict peacefully, such as by a treaty or a declaration of peace. The EU has been known to directly oversee formalized peace talks in extreme circumstances, but for the most part, their role is to create an environment of the parties working together rather then directly running things.
What is the conflict? edit
While the EU assists in conflicts around the world, it generally directly mediates in Europe. Armed conflicts are common in developing countries in Europe. For example, in Macedonia in 2001, the National Liberation Army was acting as a violent non-state group composed of ethnic Albanians displeased at their representation in the country. The NLA was well-armed, and conflict with the Macedonian security forces seemed inevitable. War was poised to break out.[5]
What is the response? edit
EU Negotiators, along with representatives from other groups, were involved as direct mediators in the talks between the NLA and the Macedonian security forces. After extensive negotiations, a framework for peace known as the Ohrid agreement was drafted. This agreement was made possible by the EU, without which negotiations could not have taken place. Other, similar mediations ran by the EU include the Kosovo peace talks and a 2008 cease-fire negotiated by the EU president between Russia and Georgia.[6]
What difference does it make to this that International Law exists? edit
Treaties and other peaceful agreements are the end goal of most international mediations, and the EU is no different. The idea of pacta sunt servanda is critical, as mediation by the UN attempts to find a peaceful solution to a conflict by getting the actors to submit to an agreement that promises peaceful behavior. If a state or a state actor was unwilling to follow pacta sunt severanda, then mediation becomes entirely pointless. States must adhere to the peaceful resolutions created through mediation.
What impact on International Law results from this? edit
Thanks to the EU's support of mediation globally, resolution of conflict through leading to new treaties and ceasefires has risen dramatically. Mediation is seen as a more viable way to decrease conflict around the world, as the EU Mediation Support Team has helped spread training and knowledge of the process globally. In fact, it is now hard to find areas of the world that the EU has not assisted with mediation and dialogue. [7] Because of this, mediation has become more widely accepted as a method of peaceful conflict resolution.
- ^ "The EU in Brief". http://europa.eu/about-eu/basic-information/about/index_en.htm.
{{cite web}}: External link in|website=|url=(help)}} - ^ "Conflict Prevention in the EU". http://eeas.europa.eu/cfsp/conflict_prevention/index_en.htm.
{{cite web}}: External link in|website=|url=(help) - ^ Gourley, Catorina. "The European Union as Peacemaker – Enhancing EU Mediation Capacity" (PDF).
- ^ "EU Mediation Team Factsheet" (PDF). Factsheet- The EU Mediation Support Team. European External Action Service.
- ^ "The Ohrid Agreement and it's implementation". The European Stability Initiative.
- ^ Gourley, Catorinea. "The European Union as Peacemaker-Enhancing EU Mediation Capacity" (PDF).
- ^ "EU Mediation Team Factsheet" (PDF). Factsheet- The EU Mediation Support Team. European External Action Service.
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