An Assessment of the UN Guide to Effective Mediation from the Perspective of International Public Law

Abstract

The peaceful settlement of disputes is a fundamental obligation imposed on states by Article 2, paragraph 3, of the Charter of the United Nations (UN), and Article 33 of the Charter lists mediation among the means suitable for fulfilling this obligation. The increasing complexity of conflicts and the expansion of the UN’s peacebuilding activities have created a need for the institutionalization of mediation; as a result of this need, the United Nations Guide to Effective Mediation, prepared by the UN Mediation Support Unit, was published in 2012. This study examines the nature of the Guide as a “soft law” instrument that gives concrete form to the obligation to seek peaceful solutions, as well as the applicability of the principles it contains. The study first outlines the content of this obligation within the framework of the UN Charter, the Declaration on Friendly Relations, and the Manila Declaration; it then evaluates the legal status of the Guide in light of soft law theory; and finally, it analyzes the normative implications of the principles of consent of the parties, impartiality, inclusivity, and national ownership. Ultimately, the study concludes that the Guidelines are a document that institutionalizes the obligation to seek peaceful solutions and professionalizes mediation, and it offers recommendations aimed at resolving hierarchical ambiguities among the principles.