ABSTRACT
The international environment of the twenty-first century is vastly different from that of the Cold War system. That statement seems a truism, as we notice how old practices and alliances have become unstuck, how new patterns of relations and institutions emerge, how the legitimacy of the state as a primary actor is challenged from within and without, how boundaries offer little or no defence against a determined adversary, and how issues such as terrorism, weapons proliferation and ideological fanaticism threaten the very fabric of international relations. Amid all the changes and transformations we have witnessed, it is useful to ponder how states, and other new actors, can deal with the many conflicts they face. Can they still utilize the same methods of conflict management that have been in existence for hundreds of years, or will new forms of dealing with conflicts evolve? Will we see new actors involved in conflict management, or will states and international organizations continue to dominate this activity? The main argument advanced in this chapter is that despite all the fundamental changes we have witnessed, the practice of mediation, and mediating actors, remain as relevant today as they ever were. We may have seen an explosion of humanitarian interventions, transnational conflict management, and ‘track two’ diplomatic efforts, but there is still a very long way to go before we can discard the well-tested tool of mediation. Although states have a legitimate monopoly over the means of violence, and insist that they be permitted to reserve, and indeed exercise, the right to use violence in conflict situations, there is clearly a very strong expectation regarding the desirability of managing conflicts non-violently. Article 2(3) of the UN Charter asks that ‘[a]ll member states shall settle their international disputes in such a manner that international peace and security, and justice, are not endangered’. In 1982 the UN General Assembly adopted a Declaration on the Peaceful Settlement of Disputes, which emphasized ‘the need to exert utmost efforts in order to settle any conflict and dispute between States exclusively by peaceful means’. And in 1999 the United Nations reaffirmed the commitment to the principles of peaceful settlement of disputes on the anniversary of the Hague Treaty. The principle of peaceful settlement of conflicts is one of the cornerstones of the relations between states (that its absence is often observed is a cause of much soul-searching among scholars and practitioners).
