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Conciliation
International conciliation refers to a means of peaceful settlement of disputes between states, according to the proposals made by a commission whose organization, composition and mode of work are established by agreement of the parties.
The principle of peaceful settlement of international disputes and the concrete means of resolution are the result of a long historical evolution of relations between states and the development and improvement of institutions and norms of international law. In international practice, there are known cases of resorting to various means of peaceful resolution of conflicts since antiquity. .In the Middle Ages states frequently used mediation, arbitration and conciliation.
The peaceful settlement of international disputes is closely related to concerns aimed at excluding war from the life of society, the prohibition of the use of force and the threat of force in international relations, as well as the fight against international terrorism, the latter has become a real danger against humanity. now, more than ever, the need for the peaceful settlement of disputes between states is evidenced by a multitude of factors and processes that act in international relations leading to their particularly serious tension.
Contemporary relationships are dominated by big problems, without alternative solutions yet. The most serious of them is violence, although it was regulated after the Second World War, it did not disappear, but acquired new forms of manifestation, some very serious, such as destructured internal conflicts or international terrorism. Peace and war remain today essential problems of international society and the legal regulation is not enough to really establish peace as the only state of normality, because international relations can still be regulated by force. The competition for power, understood as a competition of interests of the partners in the international life, especially of the states, inevitably leads to contradictory situations, to disagreements between them. Named generically - international disputes - these contradictions have often led to violent conflicts with consequences between the worst on the international balance and so quite fragile.
In another sense, the dispute means a misunderstanding, disagreement or dispute between two or more states regarding a right, claim or interest.
The first attempts to outlaw war were in the interwar period, in an early form, through peaceful means of resolving disputes between states.
Conciliation, a political-diplomatic means of peaceful settlement of international disputes, appeared much later in conventional practice, although some elements of conciliation are also found in mediation and investigation, being a combination of them. Investigating the causes of the dispute as a characteristic of conciliation , is carried out by an independent body, and not by a third party acting as a mediator. There is a close connection between the independent body and the parties to the dispute, because the former formulates proposals, and the parties decide on them.
The Hague Convention of 1907 does not enshrine the institution of conciliation, but it was introduced in the relations between states, through bilateral treaties, namely the Bryan treaties concluded in 1913 and 1914. they chose private persons by mutual agreement, they did not have their own political authority. . This treaty has not been ratified. A first "Treaty of Conciliation" and which establishes the procedure of conciliation in its characteristic features, is the Treaty concluded between Sweden and Chile in 1920.
International documents that made international conciliation an important means of the practices of states and international organizations in the peaceful settlement of international conflicts were signed in the years 1922 - Resolution of the Assembly of the League of Nations on the conciliation procedure, 1929 - General Act of Conciliation, Arbitration and Judicial Regulation adopted, of the Little Understanding, 1938 General Act on the Judicial Settlement of International Disputes, 1957 - European Convention for the Peaceful Settlement of Disputes, 1966 - International Covenant on Civil and Political Rights, 1969 - Convention on the Right of Treaty Arbitration, 1992 - CSCE Convention on Conciliation, etc.
The principle of peaceful settlement of international disputes and the concrete means of resolution are the result of a long historical evolution of relations between states and the development and improvement of institutions and norms of international law. In international practice, there are known cases of resorting to various means of peaceful resolution of conflicts since antiquity. .In the Middle Ages states frequently used mediation, arbitration and conciliation.
The peaceful settlement of international disputes is closely related to concerns aimed at excluding war from the life of society, the prohibition of the use of force and the threat of force in international relations, as well as the fight against international terrorism, the latter has become a real danger against humanity. now, more than ever, the need for the peaceful settlement of disputes between states is evidenced by a multitude of factors and processes that act in international relations leading to their particularly serious tension.
Contemporary relationships are dominated by big problems, without alternative solutions yet. The most serious of them is violence, although it was regulated after the Second World War, it did not disappear, but acquired new forms of manifestation, some very serious, such as destructured internal conflicts or international terrorism. Peace and war remain today essential problems of international society and the legal regulation is not enough to really establish peace as the only state of normality, because international relations can still be regulated by force. The competition for power, understood as a competition of interests of the partners in the international life, especially of the states, inevitably leads to contradictory situations, to disagreements between them. Named generically - international disputes - these contradictions have often led to violent conflicts with consequences between the worst on the international balance and so quite fragile.
In another sense, the dispute means a misunderstanding, disagreement or dispute between two or more states regarding a right, claim or interest.
The first attempts to outlaw war were in the interwar period, in an early form, through peaceful means of resolving disputes between states.
Conciliation, a political-diplomatic means of peaceful settlement of international disputes, appeared much later in conventional practice, although some elements of conciliation are also found in mediation and investigation, being a combination of them. Investigating the causes of the dispute as a characteristic of conciliation , is carried out by an independent body, and not by a third party acting as a mediator. There is a close connection between the independent body and the parties to the dispute, because the former formulates proposals, and the parties decide on them.
The Hague Convention of 1907 does not enshrine the institution of conciliation, but it was introduced in the relations between states, through bilateral treaties, namely the Bryan treaties concluded in 1913 and 1914. they chose private persons by mutual agreement, they did not have their own political authority. . This treaty has not been ratified. A first "Treaty of Conciliation" and which establishes the procedure of conciliation in its characteristic features, is the Treaty concluded between Sweden and Chile in 1920.
International documents that made international conciliation an important means of the practices of states and international organizations in the peaceful settlement of international conflicts were signed in the years 1922 - Resolution of the Assembly of the League of Nations on the conciliation procedure, 1929 - General Act of Conciliation, Arbitration and Judicial Regulation adopted, of the Little Understanding, 1938 General Act on the Judicial Settlement of International Disputes, 1957 - European Convention for the Peaceful Settlement of Disputes, 1966 - International Covenant on Civil and Political Rights, 1969 - Convention on the Right of Treaty Arbitration, 1992 - CSCE Convention on Conciliation, etc.