UNESCO
By Delilah van Tol
Everyone who is a bit familiar with the international context is familiar with the United Nations (hereinafter “UN”). The United Nations is an international organization that has been founded in the year 1945 and today counts 193 Member States. The UN is a place where the Member States can come together and discuss common problems and try to find a solution.[1] However, do they use alternative dispute resolution in the UN? And if they do, has it been successful?
The short answer is Yes. The United Nations exists out of different organs, and they all have different fields they are working with. This also means different approaches for different problems. An example of a problem where ADR was used in water management (UNESCO). UNESCO is short for Educational, Scientific and Cultural Organization and their mandate is to seek peace through international cooperation in Education, the Sciences and Culture.[2] In this case, an increasing number of states are/were struggling with lasting water stress, and the mechanisms and institutions that are managing water disputes are often inadequate or nonexistent. A water dispute could be between states, cities or any other relevant party. Many different conflicts can fall under water disputes. Think about the pollution of water in one state, which ends up in another state that has to clean up and finance this pollution.[3] There are various ways to resolve water disputes. For example:
1. Forcing parties to take specific steps/actions,
2. Adjudication (a decision rendered by an authority), and lastly
3. Negotiating an agreement that requires all parties' involvement. [4]
UNESCO does refer to disputes as being endemic to human society. They point out the historical importance of resolving disputes written in the Bible, Islamic culture, native Americans, first-generation Canadians, and many other groups and traditions. These stories show the importance of finding peaceful solutions to various disputes.[5]
The United Nations need to consider a variety of cultures, nationalities, religions, and many more important aspects. UNESCO made a report regarding ADR in order to formulate a sufficient, effective, and appropriate process to take into consideration diversity and inclusion.[6] This report states some principles. The principles that are addressed are the interest needs.[7] Parties need to distinguish their position and interest and have to be willing to compromise. Furthermore, the principle of alternatives is written in the report. Alternatives means the actions that one can take outside the negotiations, alone or possibly with a third, but not with the other party with whom one negotiates. The best outcome is called BATNA: Best Alternative to a Negotiated Agreement. Furthermore, another principle is called options. The parties all have to establish the range of possible outcomes that all parties can agree upon. Moreover, the report mentions the principle of standards and criteria. To perceive the process as fair and legitimate objective standards and criteria to be held throughout the process. Furthermore, a lot more principles are included, for example, communication, relationship, and agreement and commitment. [8]
This report is mainly focused on ADR in water related disputes. States have the right to refuse going to court because under international law states have the right to control their own resources. There are two main treaties established regarding this topic.
(1) The Helsinki Convention in 1992 - on the protection and use of transboundary watercourses and international lakes, and
(2) The UN Convention in 1997 - on the non-navigational uses of international watercourses.[9]
It took 27 years to conclude the UN convention and this shows that states are very reluctant to set rules and make decisions regarding their water resources.[10] This is the rationale behind the preference to get into a process of alternative dispute resolution. Furthermore, negotiations have led to fruitful discussions and sustainable outcomes. Nevertheless, cases like this are a process and cannot be neglected after the negotiations. [11] To conclude, for a lot of parties is ADR a more effective and efficient choice but it is essential that one keeps working on relationships to prevent and resolve disputes.
[1] United Nations, “about us” <https://www.un.org/en/about-us > Accessed 30-06-2021.
[2] UNESCO, “UNESCO in brief - Mission and Mandate” (2021)<https://en.unesco.org/about-us/introducing-unesco> Accessed 04-07-2021
[3] Citation: Pacific Institute (2019) Water Conflict Chronology. Pacific Institute, Oakland, CA.<https://www.worldwater.org/water-conflict/> Accessed 04-07-2021
[4] Yona Shamir, “Alternative Dispute Resolution approaches and their application in water Management: a focus on negotiation, mediation, and success building”.
[5] UNESCO, “Alternative Dispute Resolution Approaches and their Application” (2021)<http://www.unesco.org/new/en/natural-sciences/environment/water/ihp/ihp-programmes/pccp/publications/disciplinary-studies/summary-alternative-dispute/> Accessed 03-07-2021.
[6] Yona Shamir, “Alternative Dispute Resolution approaches and their application in water Management: a focus on negotiation, mediation, and success building”
[7] Yona Shamir, “Alternative Dispute Resolution approaches and their application in water Management: a focus on negotiation, mediation, and success building” p. 8.
[8] Ibid, pp 8-9.
[9] Ibid, p 22.
[10] Ibid.
[11] Uri Shamir, “Negotiations over water (NOW): Conflicts, Results, Techniques” (NO. 53 UNESCO 1997)