Dissertations / Theses on the topic 'Diplomatic negotiation of international disputes'

South Africa‟s participation in international peace missions is guided by the White Paper of 1998 and premised specifically on the country‟s foreign policy objectives based on its vision of “a better South Africa, a better Africa and a better world”. South Africa recognises itself as an integral part of the African continent and therefore sees its national interests as being intrinsically linked to Africa‟s stability, unity and prosperity. Since 1994, South Africa has placed itself at the forefront of Africa's peace and security endeavours, trying to transform itself from international villain during apartheid years to Pan-Africanist peacemaker. The country has played an instrumental role in both shaping and setting the normative agenda of the African Union and Southern African Development Community. South Africa‟s participation in conflict resolution and peace missions in Africa is informed by an understanding of the nexus that exists between peace, security and sustainable development. This research focuses on South Africa‟s diplomatic and peacekeeping engagement in Lesotho, covering the constitutional and electoral crises from 1994 - 2015 constitutional crisis. The author shows the importance and way forward to resolve conflicts before they become escalated and deadly. The study calls for a „timely‟ reaction to disputes and conflicts on the African continent via preventive diplomacy, conflict provention and addressing of underlying issues that give rise to disputes and conflict.

Thesis (M.A.)--University of Missouri-Columbia, 2007.
The entire dissertation/thesis text is included in the research.pdf file; the official abstract appears in the short.pdf file (which also appears in the research.pdf); a non-technical general description, or public abstract, appears in the public.pdf file. Title from title screen of research.pdf file (viewed on September 30, 2008) Includes bibliographical references.

The focus of this study is the Southern African Development Community (SADC) preventive diplomacy interventions in Lesotho in 1994, 1998 and 2007. The core aim of the study was to evaluate the efficacy of the SADC security mechanism (the Organ on Politics, Defence and Security (OPDS) in conflict prevention, management and resolution on the basis of the Lesotho experience. Data for this qualitative case study was collected through interviews and document analysis. The twenty four participants for the study were drawn from the SADC OPDS unit, Lesotho political parties, Civil Society Organisations (CSOs), Academics from the University of Botswana (UB) and the National University of Lesotho (NUL), retired Botswana Defence officers who participated in the Lesotho missions and office of the post-2007election dispute dialogue facilitator in Lesotho. Documents on the SADC Treaties, Protocols, Communiqués and interventions in other set ups were used to highlight its operational policies, mandate, structures, successes and challenges. Lesotho was chosen as a case study because SADC employed both non-coercive (SADC Troika and Eminent Person mediation, 1994 and 2007 respectively) and coercive measures (the 1998 military intervention). The findings of the study revealed that SADC as a regional body had its own successes and challenges. Different perceptions on the SADC interventions in Lesotho emerged mainly between the participants from the ruling party and the opposition parties. While the former commended SADC for successfully mitigating the calamitous effects of 1994, 1998 and 2007 post-electoral violence, the opposition parties viewed the regional organisations as engaged in illegal interference in the domestic affairs of the country to defend the incumbent governing party. It also emerged from the study that the SADC security mechanism has numerous structural and operational flaws. There were several unanswered questions revolving around the legality and mandate of some of the missions. For instance, no concrete evidence emerged as to whether the 1998 military intervention was authorised by the SADC. The study also revealed that SADC has learnt valuable lessons from the Lesotho missions. Some of the reforms which the SADC has introduced in the OPDS such as the establishment of the SADC Stand by Force, Early Warning structures, the Mediation Unit, and a panel of expert mediators emanated mainly from the Lesotho experiences. The study recommends that SADC needs to harmonise the efforts of its OPDS structures such as the Mediation Unit; the Troika; the Inter-State Defence and Security Committee (ISDSC); the Inter-State Politics and Diplomacy Committee (ISPDC) and the Summit of Heads of States and Governments for rapid, coherent and well coordinated interventions in future regional preventive missions. It is also recommended that SADC should focus on identifying and mitigating underlying causal factors such as underdevelopment; poverty; deprivation of freedoms, marginalisation and other forms of social stratifications and oppression in its preventive diplomacy missions if durable peace is to be achieved in Lesotho and any other future cases.

Thesis (MA (Political Science. International Studies))--University of Stellenbosch, 2010.
Bibliography
ENGLISH ABSTRACT: The politics of climate change has thus far been marked by controversy and a lack of consensus in regards to the best manner in which to comprehend and mitigate this problem. This is further aggravated by the characterisation of climate change as a global problem requiring a global solution which has served to only further complicate inter-state relations. While a number of analysts have remarked that the North-South relationship is no longer a meaningful analytical tool in international relations, it will be the purpose of this study to explore this contention within the field of climate change negotiations and to identify both the transformation and continuity within the relationship between the North and South. The unsuccessful nature of climate negotiations are largely held to be the result of the rift between the North and South, where the issues relating to the global political economy are largely responsible for the lack of consensus being reached between developing and developed countries. All climate negotiations since the 1972 UN Conference on the Environment and Development have showcased the tension between the two regions in regards to climate change mitigation and their inability to overcome this fissure. More importantly, the ensuing Copenhagen Summit of 2009 further highlighted a rift amongst the developing countries of the South, and between the developed and developing countries. As a consequence, the main aim of the research will be to understand the character of the global interactions between the North and South in terms of the context of global environmental politics. It is also the purpose of this research to gain a more comprehensive account of the sequence of causation within this relationship which stalled the negotiating process and lastly, to understand the conceptual demarcations of the two terms in the post-Cold War era so as to better understand the nature of the relationship between the two regions. What may be surmised by the study is that there is still a continuity to be found in the international arena pertaining to the North-South relationship. However, the Copenhagen Summit has been instrumental in showcasing the growing stratification that is found within the South and as a result has highlighted the cross-alliances that have formed between the North and South in order to maintain economic growth. Overall, while the North-South relationship does impact the nature of climate mitigation negotiations, the stratification of states based upon economic and developmental divergences will result in states forming alliances based upon economic self-interest.
AFRIKAANSE OPSOMMING: Die politiek van klimaatsverandering is tot dusver gekenmerk aan kontroversie en ‟n gebrek aan konsensus met betrekking tot die mees effektiewe wyse waarop hierdie probleem verstaan en gemitigeer kan word. Die probleem word verder vererger deur die kenmerk van klimaatsverandering as ‟n globale probleem wat ‟n globale oplossing verg, wat tot die verdere komplikasie van interstaat-verhoudings gelei het. Verskeie analiste het opgemerk dat die verhouding tussen die Noorde en Suide nie meer dien as betekenisvolle analitiese gereedskap op die gebied van internasionale verhoudings nie. Die doel van hierdie ondersoek is gevolglik om hierdie aanname in oënskou te neem, en om beide transformasie en kontinuïteit binne die verhouding tussen die Noorde en Suide te identifiseer. Die onsuksesvolle aard van klimaatsonderhandelinge word grootliks toegeskryf aan die onenigheid tussen die Noorde en Suide, met kwessies rondom die globale politieke ekonomie grootliks verantwoordelik vir die gebrek aan konsensus tussen die streke. Sedert die 1972 VN Konferensie oor die Omgewing en Ontwikkeling het alle klimaatsonderhandelinge die spanning tussen die twee streke met betrekking to klimaatveranderingsversagtings en hul onvermoë om hierdie skeur te oorbrug, ten toon gestel. Die 2009 Kopenhagen-beraad het ‟n onenigheid ontbloot tussen die ontwikkelende lande in die Suide en tussen ontwikkelende en ontwikkelde lande. Gevolglik is die hoofdoelstelling van hierdie studie om die aard van globale interaksies tussen die Noorde en Suide te verstaan met betrekking tot die konteks van globale omgewingspolitiek. Die doel van die navorsing is ook om ‟n meer omvattende verklaring te verkry oor die volgorde van oorsaaklike verbande binne hierdie verhouding wat die onderhandelingsproses tot stilstand gebring het en laastens, om die konseptuele afbakening van hierdie twee terme in die post-Koue Oorlog era en die aard van die verhouding tussen die twee streke beter te verstaan. Hierdie studie wys dat daar steeds kontinuïteit in die internasionale arena is met betrekking tot die verhouding tussen die Noorde en Suide. Die 2009 Kopenhagen-beraad was egter instrumenteel om die groeiende stratifikasie wat binne die Suide gevind word uit te lig, en die kruisalliansies wat tussen die Noorde en Suide gevorm is om ekonomiese groei in stand te hou, te beklemtoon. Alhoewel die verhouding tussen die Noorde en Suide tog ‟n impak op die aard van klimaatsversagtingsonderhandelings uitoefen, sal die stratifikasie van state wat op ekonomiese- en ontwikkelingsafwykings gebaseer is tot gevolg hê dat state alliansies vorm op grond van ekonomiese selfbelange.

This thesis deals with one of the modern topics of international law - diplomatic protection. It provides for its comprehensive assessment from a wider and deeper perspective on the background of the codification process, which culminated in 2006, when the International Law Commission (ILC) adopted 19 Draft Articles on Diplomatic Protection. In the current state of international law, diplomatic protection is based on customary international law. It is an instrument to protect nationals (be it a natural or legal person) by their state of nationality, if they injured by another (host) state in violation of international law. Under the current definition, diplomatic protection means the invocation (through peaceful means) by a state of the responsibility of another state for an injury caused to a national by an internationally wrongful act of that another state. The aim of diplomatic protection is to implement this responsibility. The application and exercise of diplomatic protection is considered to be a sovereign, discretional right of the state, although the thesis points out the some recent developments in international law towards the need to recognize the rights and interests of the individual, as well as the constitutional practice of some states guaranteeing its citizens a (domestic) right to...

Disposal with an Investment Claim JUDr. Filip Černý International investment protection is very special legal discipline which stands at the borderline between public and private, international and national (domestic) law. The intersections between these legal areas produce a vast range of questions on the applicable law and the nature of the legal institutes inherent to investment protection. The legal system of investment protection is founded on a matrix consisting of bilateral and multilateral treaties and simultaneously shares some of the customary origins inherent to diplomatic protection of foreigners. The particularity of the investment protection system is given by the existence of the diagonal relations between the host state and the investor of the other state. The combination of the public international law sources and the diagonal relations developing inside the public international law matrix induce questions on the nature of such rights and obligations arising inside of the investment protection system among its actors. Author analyses these relations with an aim to determine the nature of the investment claim as a prerequisite for a volitional disposal of the investment claim by the investor.