Conference on Security and Cooperation in Europe

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Conference on Security and Cooperation in Europe (CSCE)

Conference on Security and Cooperation in Europe and the Peaceful Settlement of Disputes

Based on the Handbook on Peaceful Settlement of Disputes between States (1992, United Nations):

In accordance with provisions contained in the 1975 Helsinki Final Act of the Conference on Security and Cooperation in Europe (CSCE), and subsequent relevant documents, such as the 1990 Charter of Paris for a New Europe and the 1991 Valletta Report of the CSCE Meeting of Experts on Peaceful Settlement of Disputes, participating States will endeavour to reach a peaceful, rapid and equitable solution of disputes among them, on the basis of international law, by means such as negotiation, inquiry, mediation, conciliation, arbitration, judicial settlement or other peaceful means of their own choice, including any settlement procedure agreed to in advance of disputes to which they are parties.

CSCE Dispute Settlement Mechanism

If the parties are unable, within a reasonable period of time, to settle the dispute by direct consultation or negotiation, or to agree upon an appropriate procedure, any party to the dispute may request the establishment of a CSCE Dispute Settlement Mechanism by notifying the other party or parties to the dispute. The parties to the dispute have a large measure of
participation in the selection of members of the Mechanism, enjoying the right to reject several proposed members. However, the relevant provisions also ensure that individual rejections by parties to the dispute or the failure by any party to make a pronouncement on the nominations shall not prevent in the end the establishment of a Mechanism.

Once established, the Mechanism will seek such information and comments from the parties as will enable it to assist the parties in identifying suitable procedures for the settlement of the dispute. The Mechanism may offer general or specific comments or advice relating to the inception or resumption of a process of negotiation among the parties, or to the adoption
of any other dispute settlement procedure in relation to the circumstances of the dispute or to any aspect of any such procedure. If the parties so agree, they may entrust the Mechanism with fact-finding or expert functions as well as with binding powers regarding the partial or total settlement of the dispute.

Committee of Senior Officials

In three specific instances, the system set up by the CSCE contemplates the intervention of another organ, namely, the Committee of Senior Officials, in the settlement of a dispute:

  • If, after considering in good faith and in a spirit of cooperation the advice and comment of the Mechanism, the parties are unable, within a reasonable time, to settle the dispute, any party to the dispute may so notify the Mechanism and the other party, whereupon any party may bring that circumstance to the attention of the Committee of Senior Officials.
  • Notwithstanding a request by a party to the dispute, the Mechanism will not be established or continued if another party considers that because the dispute raises issues concerning its territorial integrity, or national defence, title to sovereignty over land-territory, or competing
    claims with regard to the jurisdiction over other areas, the Mechanism should not be established or continued. In that case, any other party to the dispute may bring that circumstance to the attention of the Committee of Senior Officials.
  • In the case of a dispute of importance to peace, security or stability among the participating States in CSCE, any party to the dispute may bring it before the Committee of Senior Officials, without prejudice to the right of any participating State to raise an issue within the CSCE process.

Guide to the Peaceful Settlement of International Disputes

  • 1. Introduction to the Peaceful Settlement of International Disputes
  • 2. Peaceful Resolution of Disputes Obligation, which comprises:
  • a. History of Peaceful Settlement of Disputes Obligation
  • b. Peaceful Settlement of Disputes Obligation Nature
  • c. Obligation of Peaceful Settlement Scope
  • d. Obligation of Peaceful Settlement Content
  • 3. Means of Peaceful Settlement of Disputes between States, which comprises:
  • a. Variety of Means of Peaceful Settlement
  • b. Institutionalization of the Peaceful Means of Settlement
  • c. History of the Peaceful Means of Settlement
  • d. Peaceful Settlement of Disputes in International Organizations
  • 4. Variety Use of Means of Peaceful Settlement
  • 5. European Convention for the Peaceful Settlement of Disputes

References

See Also

European Convention for the Peaceful Settlement of Disputes

Further Reading

  • Values and principles in European Union foreign policy (S Lucarelli, I Manners – 2006)
  • New Regionalism in the Global Political Economy: Theories and Cases (S Breslin, CW Hughes, N Phillips, B Rosamond – 2003)
  • The EU and the European security strategy: forging a global Europe (S Biscop, JJ Andersson – 2007)
  • Security and strategy in the new Europe (C McInnes – 1992)

Conference on Security and Cooperation in Europe

Embracing mainstream international law, this section on conference on security and cooperation in europe explores the context, history and effect of the area of the law covered here.

CSCE (Conference on Security and Co-operation in Europe) and the European Union

Resources

See Also

  • OSCE

Resources

Further Reading

  • The entry “conference on security and cooperation in europe” in the Parry and Grant Encyclopaedic Dictionary of International Law (currently, the Encyclopaedic Dictionary of International Law, 2009), Oxford University Press

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