International Law. A Treatise. Volume 2 (of 2): War and Neutrality. Second EditionOppenheim, L. (Lassa)
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International Law. A Treatise. Volume 2 (of 2): War and Neutrality. Second Edition
Oppenheim, L. (Lassa)
International law
§ 9. Diplomatic practice frequently does not distinguish between good
offices and mediation. But although good offices can easily develop into
mediation, they must not be confounded with it. The difference between
them is that, whereas good offices consist in various kinds of action
tending to call negotiations between the conflicting States into
existence, mediation consists in a direct conduct of negotiations
between the differing parties on the basis of proposals made by the
mediator. Good offices seek to induce the conflicting parties, who are
either not at all inclined to negotiate with each other or who have
negotiated without effecting an understanding, to enter or to re-enter
into such negotiations. Good offices can also consist in advice, in
submitting a proposal of one of the parties to the other, and the like,
but they never take part in the negotiations themselves. On the other
hand, the mediator is the middleman who does take part in the
negotiations. He makes certain propositions on the basis of which the
States at variance may come to an understanding. He even conducts the
negotiations himself, always anxious to reconcile the opposing claims
and to appease the feeling of resentment between the parties. All the
efforts of the mediator may often, of course, be useless, the differing
parties being unable or unwilling to consent to an agreement. But if an
understanding is arrived at, the position of the mediator as a party to
the negotiation, although not a participator in the difference,
frequently becomes clearly apparent either by the drafting of a special
act of mediation which is signed by the States at variance and the
mediator, or by the fact that in the convention between the conflicting
States, which stipulates the terms of their understanding, the mediator
is mentioned.
[Sidenote: Good Offices and Mediation according to the Hague Arbitration
Convention.]
§ 10. The Hague Convention for the peaceful settlement of international
differences[10] undertakes in articles 2-8 the task of making the
signatory Powers have recourse more frequently than hitherto to good
offices and mediation; it likewise recommends a new and particular form
of mediation. Its rules are the following:--
[Footnote 10: See Meurer, I. pp. 104-128; Higgins, p. 167; Barclay,
_Problems_, pp. 191-197; Lémonon, pp. 69-73; Wehberg, _Kommentar_, pp.
10-21; Nippold, I. pp. 21-22; Scott, _Conferences_, pp. 256-265.]
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