Peace Through Arbitration: Using International Arbitration to Solve Intra-State Conflicts

70 Pages Posted: 17 Nov 2019

See all articles by Tamara Jenkin

Tamara Jenkin

Victoria University of Wellington, Faculty of Law, Student/Alumni

Date Written: 2018

Abstract

Since World War II, intra-state conflict has been on the rise. The international community has struggled to prevent and resolve intra-state conflicts. Disputants often sign peace agreements, but peace then fails at the implementation phase. This is, in part, due to a lack of effective mechanisms for resolving disputes between states and sub-state entities. To fill this gap, the United Nations has begun to promote the use of mediation as a dispute resolution mechanism in conflict situations. However, mediation is not the only option. International arbitration is available. Arbitration has been used to resolve intra-state territorial disputes, following conflicts, in two cases: in the Brčko arbitration, in Bosnia- Herzegovnia and the Abyei arbitration, in the Sudans. In light of these arbitrations, this paper suggests that arbitration might be an equally useful, if not better, dispute resolution tool for resolving disputes following intra-state conflicts. International arbitration may lead to more lasting peace. In making this argument, this paper attempts to fill a lacunae in the legal literature. Much legal scholarship discusses the general advantages and disadvantages of different dispute resolution mechanisms. However, there is little, if any, scholarship devoted to determining the most appropriate dispute resolution mechanism for use following intra-state conflicts or critically engaging with the UN’s preference for mediation.

Keywords: international arbitration, civil wars, peace, Brčko, Abyei

JEL Classification: K00

Suggested Citation

Jenkin, Tamara, Peace Through Arbitration: Using International Arbitration to Solve Intra-State Conflicts (2018). Victoria University of Wellington Legal Research Paper, Student/Alumni Paper No. 30/2019. Available at SSRN: https://ssrn.com/abstract=3485258 or http://dx.doi.org/10.2139/ssrn.3485258

Tamara Jenkin (Contact Author)

Victoria University of Wellington, Faculty of Law, Student/Alumni ( email )

PO Box 600
Wellington, Victoria 6140
New Zealand

Here is the Coronavirus
related research on SSRN

Paper statistics

Downloads
12
Abstract Views
94
PlumX Metrics