OUVRAGE : C. Tomuschat, M. Kohen (eds.), Flexibility in International Dispute Settlement - Conciliation Revisited

Christian TOMUSCHAT, Marcelo KOHEN

In recent years, the tendency has been to settle international disputes by informal methods. Among those methods conciliation has seen a successful revival, after many years of decline, in the case of Timor Leste v. Australia while inter-State complaint proceedings under the UN-sponsored human rights treaties have unexpectedly reached their merits stage of conciliation. The present book takes stock of these developments by portraying, at the same time, the potential of the OSCE Court of Conciliation and Arbitration which still remains to be fully activated. Additionally, the contributions reach out to geographical areas in Africa and Asia. An analysis of the relevant procedural mechanisms completes the study to which 14 authors from nine different countries have contributed.


TABLE OF CONTENTS

Preface
Notes on Contributors

Marcelo G. Kohen, Introduction: The Paradox of Conciliation

Looking Back to the Past

Heinhard Steiger, Inter-State Conciliation between 1931 and 1957. The Cases with Participation of European States. Lessons to Be Drawn from Today’s Viewpoint

Conciliation in Today’s World

Daniel Thürer, Is Conciliation Obsolete or Démodé? Dispute Settlement as a Protracted Process of Interaction between the Parties Concerned

Conciliation in Specific Fields

Emmanuel Decaux, The Potential for Inter-State Conciliation within the Framework of the UN Treaties for the Protection of Human Rights
Malgosia Fitzmaurice, The Potential of Inter-State Conciliation within the Framework of Environmental Treaties

Conciliation Outside Europe

Makane Moïse Mbengue, Apollin Koagne Zouapet, Africa and International Conciliation
Ginevra Le Moli, Jorge E. Viñuales, A Foundational Experiment: The Timor Leste-Australia Conciliation

Procedure

Serena Forlati, Confidentiality of Conciliation Proceedings and Their Outcome. A Reflection in Light of the Experience of the Timor-Leste/Australia Conciliation Commission

The OSCE Court of Conciliation and Arbitration

Riccardo Pisillo Mazzeschi, Eugenio Carli, The Conciliation Procedure of the OSCE Court: Problems and Prospects
Pál Sonnevend, Gábor Bazsó, The Relationship between the OSCE Court of Conciliation and Arbitration and the Court of Justice of the European Union

Concluding Observations

Christian Tomuschat, Lessons Drawn and Upcoming Challenges

Annexes: Speeches on the Occasion of the Transition in the Bureau, Vienna, 6 November 2019

Christian Tomuschat, Words of Adieu
Emmanuel Decaux, Opening Remarks

Index of Names
General Index

Christian TOMUSCHAT, Marcelo KOHEN (eds.), Flexibility in International Dispute Settlement - Conciliation Revisited, Leiden, Brill/Nijhoff, 2020 (291 pp.)