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Effectiveness Of The Third Party In Resolution Of Internal Armed Conflicts And The Role Of Mediation




Sehar Gupta, Rajiv Gandhi National University of Law


ABSTRACT


This paper seeks to bring forth the effectiveness of the third party in resolution of internal armed conflicts and the role of mediation under the preview of comparative importance of various independent variables involved.


The cases of Aceh, Mindanao, Kashmir and Sri Lanka have been analysed and observed to map the South Asian trend for third party mediation.


The paper tries to bring forth the various essential elements of a third mediation in internal armed conflicts. It further throws light upon the characteristics of any such mediator. It examines a set of interrelated hypotheses and findings well-established in the standard literature on third party mediation and evaluates their applicability to the two case studies. It is generally felt that the third party which mediates the dispute is generally the superpower United States of America, or the United Nations appoints a mediator. However, in the case of Mindanao it was seen that even an unrelated country like Malaysia could be appointed to mediate the internal disputes.


Along with elaborating the concepts of mediation and the process in depth, this paper aims to give an overview opinion as to when and in what situations should a country approach a third party for mediation, and the consequences of mediation in similar situations in different countries.



Indian Journal of Law and Legal Research

Abbreviation: IJLLR

ISSN: 2582-8878

Website: www.ijllr.com

Accessibility: Open Access

License: Creative Commons 4.0

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Licensing: 

 

All research articles published in The Indian Journal of Law and Legal Research are fully open access. i.e. immediately freely available to read, download and share. Articles are published under the terms of a Creative Commons license which permits use, distribution and reproduction in any medium, provided the original work is properly cited.

 

Disclaimer:

The opinions expressed in this publication are those of the authors. They do not purport to reflect the opinions or views of the IJLLR or its members. The designations employed in this publication and the presentation of material therein do not imply the expression of any opinion whatsoever on the part of the IJLLR.

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