MEDIATION IN INTERNATIONAL RELATIONS

Also by Jacob Bercol'itch

ANZUS IN CRISIS (editor) INTERNATIONAL CONFLICT AI\D CONFLICT MANAGEMENT SOCIAL CONFLICT AND THIRD PARTIES SUPERPOWERS AND CLIENT STATES (co-editor)

Also by Jeffrey Z. Rubin

DYNAMICS OF THIRD PARTY INTERVENTION: Kissinger in the Middle East (editor)

ENTRAPMENT IN ESCALATING CONFLICTS: A Social Psychological Analysis (with Joel Brackner)

LEADERSHIP ·AND NEGOTIATION IN THE MIDDLE EAST (co-editor with Barbara Kellerman)

NEGOTIA TION THEORY AND PRACTICE (with J. William. Breslin) SOCIAL CONFLICT: Escalation, Stalemate and Settlement (with Dean Pruitt) THE SOCIAL PSYCHOLOGY OF BARGAINING AND NEGOTIATION

(with Bert Brown) WHEN FAMILIES FIGHT: How to Handle Conflict with Those you Love

(with Carol Rubin)

Mediation in International Relations Multiple Approaches to Conflict Management

Edited by

Jacob Bercovitch Senior Lecturer in International Relations University of Canterbury, New Zealand

and

Jeffrey Z. Rubin Professor of Psychology, Tufts Ulliversity; Adju/lct Professor of International Diplomacy. Fletcher School of Law alld Diplomacy, Tufts University; and Associate Director, Program on Negotiation, Harvard Law School

Foreword by the President of the Society for the Psychological Study of Social Issues

Editorial matter and Selection © Jacob Bercovitch and Jeffrey Z. Rubin 1992

Softcover reprint of the hardcover 1st edition 1992 978-0-333-45394-0

All rights reserved. No reproduction, copy or transmission of this publication may be made without written permission.

No paragraph of this publication may be reproduced, copied or transmitted save with written permission or in accordance with the provisions of the Copyright, Designs and Patents Act 1988, or under the terms of any licen ce permitting limited copying issued by the Copyright Licensing Agency, 90 Tottenham Court Road, London wn 4LP.

Any person who does any unauthorised act in relation to this publication may be liable to criminal prosecution and civil claims for damages.

The authors have asserted their rights to be identified as the authors of this work in accordance with the Copyright, Designs and Patents Act 1988.

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PALGRAVE MACMILLAN is the global academic imprint of the Palgrave Macmillan division of St. Martin's Press, LLC and of Palgrave Macmillan Ltd. Macmillan® is a registered trademark in the United States, United Kingdom and other countries. Palgrave is a registered trademark in the European Union and other countries.

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This book is printed on paper suitable for recycling and made from fully managed and sustained forest sources.

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Library of Congress Catalog Card Number: 91-46132

Transferred to digital printing 2003

ISBN 978-1-349-38859-2 ISBN 978-0-230-37586-4 (eBook) DOI 10.1057/9780230375864

ISBN 978-0-312-07900-0

To Carol and Gillian

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Contents

List of Tables and Figures 1X

Foreword by the President of the Society for the Psychological Study of Social Issues x

Preface xii

Notes on the Contributors xv

l. The Structure and Diversity of Mediation in International Relations 1 Jacob Bercovitch

2. Overcoming the Obstacles to Effective Mediation of International Disputes 30 Lawrence Susskind and Eileen Babbit

3. Informal Mediation by Private Individuals 52 A. Paul Hare

4. Informal Mediation by the Scholar/Practitioner 64 Herbert C. Kelman

5. Formal Individual Mediation and the Negotiators' Dilemma: Tommy Koh at the Law of the Sea Conference 97 Lance N. Antrim and James K. Sebenius

6. Mediation by Regional Organizations: The Organization of African Unity (OAU) in Chad 131 Samuel G. Amoo and l. William Zartman

7. Mediation by a Transnational Organization: The Case of the Vatican 149 Thomas Princen

8. The United Nations and International Conflict: The Military Talks at Kilometre Marker-WI 176 James D.C. Jonah

9. Small-State Mediation in International Relations: The Algerian Mediation of the Iranian Hostage Crisis 206 Randa M. Slim

vii

Vlll Contents

10. The Superpowers as Mediators Saadia Touval

11. Conclusion: International Mediation in Context Jeffrey Z. Rubin

Index

232

249

273

List of Tables and Figures

TABLES

Table 10.1: Instances of US and Soviet Mediation of International Conflicts, 1945-89 235

Table 10.2: Main Foci and Mediation 236

Table 11.1: Bases of Power Hypothesised to be Used by Different International Mediators 269

Table 11.2: Stage of Conflict 'Life Cycle' in which Different Forms of Mediation may be Most Effective 270

FIGURES

Figure 1.1: A Framework for the Analysis of Mediation Strategy and Behavior 20

IX

Foreword

What is mediation? What role can mediation play in negotiations generally and, specifically, in international negotiations? How can we structure the mediation process to enhance the probability of resolving conflicts between and across nations fairly and peace­fully?

These important questions are at the nub of the present volume, edited by Jacob Bercovitch and Jeffrey Rubin. To find answers, the contributors to the volume explicate a number of specific cases. Recounted with refreshing candor, the cases represent a wide variety of experiences. Some of the case histories are first-hand accounts; some are not. Some chronicle the involvement of individuals; in others, the mediators have acted not as individuals but rather as functionaries representing non-governmental organizations or gov­ernments with an interest in how the conflicts are settled. In more than one case, the issues at hand have required participants to under­stand advanced technical knowledge.

From the many different specific case histories spring generalities that are both fascinating and sensible. The concluding chapter of the book, presaged by the opening one, synthesizes the insights of the many. contributors and presents a way to understand the elements that make mediation successful in international conflict resolution. The volume's conceptual coherence, along with its careful scho­larship and its honest narratives, assure its value to both practitioners and students of international relations. Indeed, this volume seems destined to become a cherished resource for those who wish to help our world become a more peaceful place.

It is, therefore, with great pride and pleasure that the Society for the Psychological Study of Social Issues (SPSSI) sponsors this volume. Founded in 1936, SPSSI is an organization that tries 'to do good well' and that believes that disciplined inquiry must play a central role in the management of human affairs. Kurt Lewin, a guiding spirit of SPSSI, is often quoted as having observed that there is nothing as practical as a good theory. This volume is whol-

x

Foreword Xl

ly consistent with Lewin's wisdom and it is also a shining example that the inverse relationship is also true: to build satisfying theories, there is nothing more useful than the honest accounting of one's practice.

Faye J. Crosby President, SPSSI, 1991-2

Northampton, MA

Preface

Having to write a preface after laboring on this book for some time is an unnerving experience, and also something of an anticlimax. Yet, no book can be fully understood unless the authors disclose their motivation, suggest what led them to embark on this task, and indicate how they propose to banish any whiff of tedium from the subsequent pages. To the person who has just bought the book, or the one who is reading it in a library or bookshop, we offer this explanation of what the book is about.

The origins of this book go back to our shared interest in inter­national mediation. A few years ago, more years now than we care to remember, we began to explore the possibility of trans-Pacific collab­oration. The pursuit of this theme has taken us to many parts of the world. It has also increased our awareness of the difficulties involved in realizing the potential gains of such collaboration.

We began our discussions in Tel-Aviv, carried on in Amsterdam, Christchurch, Boston and San Francisco. The intellectual genesis of the book was thus literally scattered across the globe. What began initially as a series of fairly diffuse discussions focused, after a short time, on the need to provide in a single volume a systematic exposi­tion of the literature and experience of international mediation. We felt that the tremendous growth in the practice of international mediation was not really matched by the kind of scholarly investiga­tion we all wanted to see. Disparate fragments of mediation received excellent treatment, notably by one or more of the contributors to this book. We were keen to offer a general and comprehensive account, and one that could integrate theory and practice.

Our starting point was the recognition that international mediation is not a uniform activity. It is carried on by numerous actors in diverse ways. International mediation may be undertaken by private indi­viduals (e.g. Armand Hammer) academic scholars (e.g. Burton, Doob, Kelman), or official government representatives (e.g. Philip Habeeb in Lebanon). It may also be undertaken by regional organ­izations (e.g. the EEC in Yugoslavia), transnational organizations (e.g. the Quakers) or international organizations (such as the United Nations). It can also be undertaken by any of the 180 or so small, medium or large states in the international arena. In short, inter-

xii

Preface xiii

national mediation may be provided by a large number of individuals, groups, organizations or states.

We felt that a systematic investigation of all these efforts had to be undertaken if we wanted to formulate meaningful generalization about the features, process, functioning and effectiveness of inter­national mediation. To do so, contributors were asked to address themselves to two broad questions; namely, how do different actors mediate international disputes, and why do they mediate as they do? The main body of the book consists of specially commissioned papers written by eminent scholars of the subject or by individuals who have made a significant contribution to the practice of mediation.

To permit comparisons and generalizations, and maintain a degree of coherence, each of the contributors was asked to pay special attention to the following features:

(1) Aspects of mediation theory that pertain to the particular case they were examining.

(2) A discussion of the unique features of mediation they were involved in or studied.

(3) A description of the case study or method of mediation they were examining.

(4) Assumptions about the nature of the conflict made by the disputants or the mediator.

(5) Factors associated with the usage of this particular form of mediation.

(6) The institutional arrangements within which this form of me­diation was embedded.

(7) A discussion of the strategies and tactics used by the mediator. (8) Factors that might be said to have affected the effectiveness of

this form of mediation. (9) Conceptual and practical implications that may be drawn from

the particular case or method of mediation.

Mediating international disputes poses intellectual and practical problems. Hopefully those reading the book, both students and practitioners of mediation, will appreciate that these problems are not insurmountable.

A scholarly work of this kind is not, and can not be, an individual exercise. It is more a record of collective exploration. We were extraordinarily fortunate in embarking on this process of exploration

xiv Preface

with some of the most creative and distinguished persons in the field. Without exception, the contributors to this volume, most of whom have been or have become close colleagues of ours, have been as intellectually generous as they have been personally hospitable. They accepted our requests for revisions, submitted redrafts and showed remarkable patience and forbearance. We appreciate their efforts and are truly grateful to each and every one of them.

We are grateful to the Society for the Psychological Study of Social Issues for their patience, their confidence, and for their willingness to sponsor this volume.

We also owe a tremendous debt of gratitude to some close friends who encouraged or fortified us in so many ways. Special thanks then to Jean Bailey, William Breslin, Peter Carnevale, Debbie Kolb, Lou Kriesberg, Chris Mitchell, Dean Pruitt and Frank Sander.

The book is dedicated to our wisest critics and best friends; Carol Rubin and Gillian Wess-Bercovitch.

Jacob Bercovitch, Christchurch, New Zealand Jeffrey Z. Rubin, Cambridge, United States of America

Notes on the Contributors

EDITORS

Jacob Bercovitch is Senior Lecturer in International Relations at the University of Canterbury in Christchurch, New Zealand. Bercovitch received his PhD in international relations from the London School of Economics, and is the author or editor of five books, and numer­ous articles on international conflict. His current interests include international mediation and international conflict resolution.

Jeffrey Z. Rubin is Professor of Psychology at Tufts University, Adjunct Professor of Diplomacy at the Fletcher School of Law and Diplomacy, Tufts University, and Associate Director of the Program on Negotiation, Harvard Law School. Recipient of a PhD in social psychology from Columbia University, Rubin is interested in inter­personal and international conflict and negotiation. Among his recent books are Leadership and Negotiation in the Middle East (with Barbara L. Kellerman), Social Conflict: Escalation, Stalemate, and Settlement (with Dean G. Pruitt), When Families Fight (with Carol Rubin), and Negotiation Theory and Practice (with J. William Breslin).

CONTRIBUTORS

Samuel G. Amoo is Peace Fellow at George Mason University in Fairfax, Virginia. Recipient of a PhD from the School of Advanced International Studies at Johns Hopkins University, Amoo is interested in conflict management and negotiation. He is former Acting Head of Mission for Ghana, and has eighteen years of military and diplomatic experience in that country.

Lance N. Antrim is Director of the Project on Multilateral Negotia­tion at the American Academy of Diplomacy and the School of Advanced International Studies of the Johns Hopkins University. He represented the Department of Commerce on the United States delegation to the Third United Nations Conference on the Law of the Sea from 1979 through 1982.

xv

xvi Notes on the Contributors

Eileen F. Babbitt is Associate Director of the Public Disputes Prv­gram at the Program on Negotiation at Harvard Law School and a senior associate at ENDISPUTE, Inc. Ms. Babbitt holds a Master's degree in public health from the University of California, Berkeley, a Master's degree in public policy from the John F. Kennedy School of Government at Harvard University, and is a doctoral candidate at the Massachusetts Institute of Technology. Her expertise is in multi­party public policy disputes, both domestic and international.

A. Paul Hare is Professor Emeritus at Ben-Gurion University of the Negev in Israel. Recipient of a PhD in sociology from the Univer­sity of Chicago, Hare has a continuing interest in group dynamics, whether in the form of nonviolent protest behavior or community, national, or international mediation. Hare's publications are primar­ily in the area of social interaction in small groups, nonviolent direct action, and dramaturgical analysis of groups and collective behavior.

James O.C. Jonah is Under-Secretary General of the United Nations for the Department for Special Political Questions, Regional Co­operation, Decolonization and Trusteeship. Jonah received his PhD in political science from the Massachusetts Institute of Technology, and in 1970 he served as political adviser to Ambassador Gunnar Jarring, Special Representative of the Secretary-General to the Middle East; in this capacity he participated in the military talks at Kilometer 101. Jonah has also served as United Nations Assistant Secretary-General for Personnel Services, Assistant Secretary­General in the Office of Field Operational and External Support Activities, Assistant Secretary-General in the Office for Research and the Collection of Information, and Secretary-General of the Second World Conference to Combat Racism and Racial Discrimination.

Herbert C. Kelman is the Richard Clarke Cabot Professor of Social Ethics in the Department of Psychology at Harvard University. A member of the Executive Committee of the Harvard Center for International Affairs, and chair of the Center's Middle East Seminar, Kelman has been involved for a number of years in an action research program focusing on analysis and resolution of the Arab-Israeli conflict. His most recent book (co-authored with V. Lee Hamilton) is Crimes of Obedience: Toward a Social Psychology of Authority and Responsibility .

Notes on the Contributors xvii

Thomas Princen is Assistant Professor of International Natural Resources and Environmental Policy at the University of Michigan. Recipient of a PhD in political economy and government from Harvard University, Princen has taught negotiation and conflict resolution at Harvard, Princeton, and Syracuse Universities. Among his publications is the book, Intermediaries in International Conflict and, most recently, an article entitled 'Camp David: Problem Solving or Power Politics as Usual?'

James K. Sebenius is Associate Professor at the John F. Kennedy School of Government, Harvard University, and Co-Director of the Harvard Negotiation Roundtable, where he is currently studying global environmental negotiations. A member of the United States Delegation to the Third United Nations Conference on the Law of the Sea, he spent four years on Wall Street as vice-president of the Blackstone Group, a private investment banking firm. Elected a term member to the Council on Foreign Relations, Sebenius is the author of Negotiating the Law of the Sea and co-author (with D. Lax) of The Manager as Negotiator.

Randa M. Slim is Program Officer at the Kettering Foundation in Dayton, Ohio. Recipient of a PhD in social psychology and political science from the University of North Carolina, Slim numbers among her research interests the role of justice rules in inter- and intra-group behavior, the cultural dimensions of conflict and of conflict resolution procedures (with particular emphasis on the Middle East), and the role that unofficial, policy-oriented dialogues play in international conflict management and settlement. Slim has served as Visiting Adjunct Professor at the American University of Beirut, where she teaches courses in political psychology and conflict resolution.

Lawrence E. Susskind is Professor of Urban and Environmental Planning at the Massachusetts Institute of Technology and Director of the MIT-Harvard Public Disputes Program at Harvard Law School. Susskind has served as a court-appointed special master and as a consultant to neighborhood, local, state, and national agencies and organizations. He currently serves as a Principal Associate to Environmental Resources Ltd. (London) and as Senior Consultant to ENDISPUTE, Inc. in Cambridge, Massachusetts. Among his recent publications is a co-authored volume (with J. Cruikshank), Breaking the Impasse: Consensual Approaches to Resolving Public lJisputes.

xviii Notes on the Contributors

Saadia Touval is Professor of Political Science at Tel Aviv Univer­sity, Israel. For the past several years, he has served as Visiting Professor of Government at Harvard University and Faculty Associ­ate at Harvard's Center for International Affairs. Touval is author of The Peace Brokers: Mediation in the Arab-Israeli Conflict, 1948-79 and co-author and co-editor (with I. W. Zartman) of International Mediation in Theory and Practice.

I. William Zartman is the Jacob Blaustein Professor of International Organization and Conflict Resolution and Director of African Stu­dies at SAIS Johns Hopkins University. A Yale University PhD in international relations, Zartman has written widely on North Africa and African politics and relations, and has also developed the field of negotiation analysis. Among his recent books are The Practical Negotiator, Ripe for Resolution: Conflict and Intervention in Africa, and Negotiating Internal Conflict.