Improving U.N. Dispute Settlement Machinery

TitleImproving U.N. Dispute Settlement Machinery
Publication TypeMonographs
Year of Publication1984
AuthorsHoffman W
Abstract

This monograph examines suggestions for UN Mediation Service, fact-finding commissions, and for more frequent use of World Court Advisory Opinions - 21 pages.

Full Text

Excerpts from Mr. Hoffmann's Conclusions:
The UN must evolve to a greater willingness and ability to initiate mediation and fact-finding on its own and to involve itself in conflict situations at the earliest possible stage. Lower level mediators with the backing of the Secretary General will usually have a better chance of successfully resolving disputes than the Secretary General himself, or renowned political leaders, because no oneâ??s prestige will be on the line, and there will be no suspicion that the self-interest of a third country is being served. The UN must have a permanent staff of capable mediators highly trained in conflict resolution. The mediation staff should offer its services at the first signs of a dispute. It might be preferable in some instances to mediate through regional offices or through regional organizations.

UN mediation should more appropriately be under the jurisdiction of the Secretary General rather than under the jurisdiction of the Security Council or the General Assembly. There should be a staged increase in third party involvement if the first efforts at mediation fail. Such increased involvement should include fact-finding, non-binding arbitration, and ultimately binding arbitration by an Equity Tribunal or adjudication by the International Court of Justice.

(Excerpts taken from page 19 of Monograph 2)