CONFLICT RESOLUTION L#8

CONFLICT RESOLUTION

Conflict resolution, otherwise known as reconciliation, is conceptualized as the methods and processes involved in facilitating the peaceful ending of conflict and retribution. Committed group members attempt to resolve group conflicts by actively communicating information about their conflicting motives or ideologies to the rest of the group (e.g., intentions; reasons for holding certain beliefs), and by engaging in collective negotiation. Dimensions of resolution typically parallel the dimensions of conflict in the way the conflict is processed.

·         Intellectual resolution is the way disputants understand and view the conflict, with beliefs and perspectives and understandings and attitudes.

·         Emotional resolution is in the way disputants feel about a conflict, the emotional energy.

·         Behavioral resolution is how one thinks the disputants act, their behavior.

Ultimately, a wide range of methods and procedures for addressing conflict exist, including negotiation, mediation, mediation-arbitration, diplomacy, and creative peace building.

Political Conflict Resolution in Practice

Wars may occur between warring parties who contest an incompatibility. The nature of an incompatibility can be territorial or governmental, but a warring party must be a "government of a state or any opposition organization or alliance of organizations that uses armed force to promote its position in the incompatibility in an intrastate or an interstate armed conflict". Wars can conclude with a peace agreement, which is a "formal agreement... which addresses the disputed incompatibility, either by settling all or part of it, or by clearly outlining a process for how... to regulate the incompatibility." A ceasefire is another form of agreement made by warring parties; unlike a peace agreement, it only "regulates the conflict behavior of warring parties", and does not resolve the issue that brought the parties to war in the first place.

Peacekeeping measures may be deployed to avoid violence in solving such incompatibilities. Beginning in the last century, political theorists have been developing the theory of a global peace system that relies upon broad social and political measures to avoid war in the interest of achieving world peace.

Conflict resolution is an expanding field of professional practice around the world. The escalating costs of conflict have increased use of third parties who may serve as a conflict specialists to resolve conflicts. In fact, relief and development organizations have added peace-building specialists to their teams. Many major international non-governmental organizations have seen a growing need to hire practitioners trained in conflict analysis and resolution. Furthermore, this expansion of the field has resulted in the need for conflict resolution practitioners to work in a variety of settings such as in businesses, court systems, government agencies, nonprofit organizations, and educational institutions serving throughout the world.

During interstate and intrastate conflict many techniques and methods are adopted for the containment, management and resolution of the conflicts. Broadly there are two ways of conflict resolution provided in the International Law i.e. Peaceful and Coercive.

Peaceful/Pacific or Amicable settlement of International disputes

The chief methods for peaceful/pacific or amicable settlement of international disputes are:

Extrajudicial dispute resolution

Some use the term dispute resolution to refer only to alternative dispute resolution (ADR), that is, extrajudicial processes such as arbitration, collaborative law, and mediation used to resolve conflict and potential conflict between and among individuals, business entities, governmental agencies, and (in the public international law context) states. ADR generally depends on agreement by the parties to use ADR processes, either before or after a dispute has arisen. ADR has experienced steadily increasing acceptance and utilization because of a perception of greater flexibility, costs below those of traditional litigation, and speedy resolution of disputes, among other perceived advantages. However, some have criticized these methods as taking away the right to seek redress of grievances in the courts, suggesting that extrajudicial dispute resolution may not offer the fairest way for parties not in an equal bargaining relationship, for example in a dispute between a consumer and a large corporation. In addition, in some circumstances, arbitration and other ADR processes may become as expensive as litigation or more so.

Negotiations

The term negotiation is used to denote intercourse between states for the purpose of arriving at a settlement of dispute or for relaxation of international tension. Negotiation is the simplest form of settling the disputes. Negotiations can be carried out by the head of states or their agents or the exchange of notes.

Examples are Indo-Pak Indus water treaty 1960. Yalta and Potsdam agreement during WWII.

Good Offices

When a third party offers its services to remove differences between two states who are not willing to negotiate directly. A friendly third state assists in bringing about an amicable solution to the dispute. These offices may also be offered by International organization or some individual.

The U.N Security Council offered its good offices in the disputes between Indonesia and Netherlands in 1947.

Mediation

Mediation is conducting of negotiations through the agency of third party. The distinction between Mediation and good offices is very subtle. Unlike good offices in mediation the third party itself takes part in Mediation.

Example is the mediation of Soviet premier Kosygen in the dispute between India and Pakistan at Tashkent in 1966.

Conciliation

Conciliation means the reference of a dispute to a commission or committee to make a report with proposals for settlement. Conciliation is the process of ending a disagreement. It recommends solutions. Mediation is commonly performed by an individual while conciliation is performed by a committee.

Inquiry

The main objective of commission of inquiry is to make investigation of relevant matters so as to establish facts. It is sometimes calls 'fact-finding'. Inquiry differs from conciliation in the fact that the object of inquiry is not to make any specific proposals for settling international disputes but it is just to investigate and establish facts.

Arbitration

The hearing and settlement of a dispute by an impartial referee chosen by both sides. Arbitration decides a dispute and is a binding decree.

Example is the Rann of Kutch arbitration of 1968 for the settlement of disputes between India and Pakistan.

Judicial Settlement or Adjudication

It is a form of arbitration in which a permanent institution acts as the arbitral tribunal. At present the International Court of Justice (ICJ) is the most important tribunal.

Online Dispute Resolution

Dispute resolution can also take place on-line or by using technology in certain cases. Online dispute resolution, a growing field of dispute resolution, uses new technologies to solve disputes. Online Dispute Resolution is also called "ODR". Online Dispute Resolution or ODR also involves the application of traditional dispute resolution methods to disputes which arise online.

Resort to regional agencies and U.N.

One of the main objects of the U.N is the peaceful settlement of differences between states. The General assembly is empowered to recommend measures for peaceful adjustment of any situation. The Security Council can act when disputes endanger international peace and security.

Counseling

When personal conflict leads to frustration and loss of efficiency, counseling may prove helpful. Although few organizations can afford to have professional counselors on the staff, given some training, managers may be able to perform this function. Nondirective counseling, or "listening with understanding", is little more than being a good listener—something every manager should be. Sometimes simply being able to express one's feelings to a concerned and understanding listener is enough to relieve frustration and make it possible for an individual to advance to a problem-solving frame of mind. The nondirective approach is one effective way for managers to deal with frustrated subordinates and coworkers.

COERCIVE MEANS OF CONFLICT RESOLUTION

Coercive Procedures Short of War

States turn to coercive but nonviolent methods of settling a dispute if pacific procedures fail to produce satisfaction. Among the nonviolent coercive techniques are the recall of diplomats, expulsion of opposing states’ diplomats, denial of recognition of a regime, breaking off diplomatic relations and suspension of treaty obligations. More obviously “unfriendly” is the class of actions involving force short of war: blockade, boycott, embargo, reprisal and retorsion.

The Pacific Blockade

It appears to have been first employed in 1827; since that date there have been about 20 instances of its employment. It is also a measure involving force short of war for the settlement of dispute. However, it is sometimes employed in peace. In times of war, the blockade of a belligerent state’s ports is a very common naval operation. It is generally designed to coerce the state whose ports are blockaded into complying with a request for satisfaction by the blockading states.

Retorsion

Another hostile strategy but short of war for resolving the conflict is retorsion which means an unfriendly but legal act by another state. It does not involve the armed force. The best known instance of retorsion is the severance of diplomatic relations, e.g. the US broke off diplomatic relations with Iran when its citizens seized the US embassy in Tehran in 1979. Other acts of retorsion involve revocation of diplomatic privileges or withdrawal of fiscal or tariff concessions. An unusual act of retorsion was President Jimmy Carter’s refusal to allow athletes from US to participate in 1980 Olympics held in Moscow. His decision was a protest against the Soviet Union’s invasion of Afghanistan in 1979.

Reprisals

Another hostile method is reprisals. These are methods adopted by the states for securing redress from another state by retaliatory measures. It means coercive measures adopted by one state against another for the purpose of settling some dispute brought about by the latter’s illegal or unjustified conduct. The coercion can be nonviolent such as the seizure of property or a naval blockade, or violent as in the case of an armed attack. Reprisals are usually thought of as illegal whereas retorsion consists of retaliatory conduct to which no legal objection can be taken. Reprisals are only justified if their purpose is to bring about a satisfactory settlement of a dispute.

The UN Role

The UN successor to the League of Nations, has taken over the responsibility for resolving international disputes. One of the fundamental objects of the organization is the peaceful settlement of the disputes between states. According to Article 1 of the UN charter, “The major purpose of UN is to maintain international peace and security and to bring about by peaceful means and in conformity with the principles of justice and international law, adjustment or settlement of international disputes or situations which might lead to a breach of the peace.”

In this connection, General Assembly and Security Council have also been assigned responsibilities. The General Assembly is given authority to recommend measures for the peaceful adjustment of any situation. The Security Council acts in two kinds of disputes,

·         Disputes which endanger international peace and security and

·         Cases of threats to the peace or breaches of peace, or acts of aggression.

In the former case, the Security Council may call on the parties to settle their differences through arbitration, judicial settlement negotiation and conciliation. It may also suggest appropriate methods of settling the dispute. In the latter case, the Council is given power to recommend measures to be taken to restore international peace and security and it may call on the parties to comply with certain provisional measures. Under Article 41 to 47 of the Charter, the Security Council has right to give effect to its decisions not only by coercive measures such as economic sanctions but also by the use of armed force against states which decline to be bound by these decisions.

Although this organization has been instrumental in solving colonial conflicts by helping the territories in question, to achieve independence and establish viable governments, but in other case it has not resolved the underlying issues but merely put a lid on extensive violence. It has taken peace supervisory functions in Kashmir, Suez, Middle East and Cyprus, sanctions against Rhodesia but it has not been able to achieve a settlement or compromise outcome. Violence in many crises have been reduced but not completely controlled. It has a much less desirable record in actually resolving conflicts.

Forcible or Coercive Means of Settlement

When states are unable to solve their disputes amicably, a solution may have to be found and imposed by forcible means. The principle forcible modes of settlement include war, terrorism etc.

War

It is described as the right of state to make war as an ultimate means of self-help, when other measures of obtaining redress for alleged wrongs were unsuccessful; had until the year 1920, a recognized place in international law. War in not a primary tool to get the conflict settled, states do not indulge deliberately in war, it is a last resort. War has its own instrumental value in the settlement of conflict between more than two states. The scope and functions of wars lent credence to the assumption that force and politics complemented each other. Clausewitz in his book “On War” asserts that “war is but continuation of politics other means.” Wars, like other forms of conflict, may be either balancing-objective or hegemonic objective. In other words, a war may either be fought according to the rules and seek to restore the status-quo or it may threaten to destroy the system by altering relationships drastically and permanently. The balancing-objective form of war is known today as limited war, and hegemonic-objective type is total war.

Terrorism

It is basically just another step along the spectrum of violent leverage, from total war to guerilla war. Terrorism refers to political violence that targets civilians deliberately and indiscriminately like other violent means of leverage, terrorism is used to gain advantage in international bargaining situations. Terrorism is effective if it damages morale in a population and gains media exposure for the cause