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13 - Mediation and the International Law Commission’s Draft Articles on the Protection of Persons in the Event of Disasters

A Case of Untapped Potential

from Part III - New Opportunities and the Future of International Dispute Settlement

Published online by Cambridge University Press:  14 December 2023

By
Therese O’Donnell
Edited by
Russell Buchan ,
Daniel Franchini  and
Nicholas Tsagourias
Russell Buchan
Affiliation:
University of Reading
Daniel Franchini
Affiliation:
University of Sheffield
Nicholas Tsagourias
Affiliation:
University of Sheffield
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Summary

In this chapter, Therese O’Donnell brings together research literature from international law, disaster studies, and the mediation field to investigate the possibilities that mediation offers in the context of disaster assistance. This chapter argues that mediation is an untapped resource in the disaster milieu given its capacity for widening participation, contextual sensitivity and discretion, and proven success rate even in the most fraught environments. This chapter claims that mediation has the potential to facilitate partnered dispute resolution and create the conditions for paying heed to international legal standards of protection while reflecting notions of solidarity. Most importantly, it contends that mediation offers a route to avoid unhelpful political confrontation while ensuring that the needs of disaster-stricken populations are met in sustainable ways.

Keywords

international dispute settlementdiaster lawDraft Articles on the Protection of Personsmediationhuman rights
Type
Chapter
Information
The Changing Character of International Dispute Settlement
Challenges and Prospects
 , pp. 367 - 402
Publisher: Cambridge University Press
Print publication year: 2023

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