Mediation in International Law of procedure
2009
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Advisor: Doç. Dr. Feriha Bilge Tanrıbilir
Abstract (EN)
Conflicts are the natural and unavoidable consequences of human relations. On the other hand, the social peace will only be ensured by resolution of disputes in a satisfactory way. In this regard, some alternative procedures to litigation, occupied by diverse conflicts, have been developed to make litigation properly functioning. These mentioned procedures, can be deemed as the result of seeking of practical , functional and economic solutions to the disputes. In the light of this effort, methods such as arbitration, mediation-arbitration, mini-trial etc. have been developed seeking to reducing the burden of the cases reflected to litigation.The trend, mentioned above, can also be seen in international commerce. As well known, litigation has not been found acceptable for some concerns regarding international trade. ın some cases , arbitration , as the most acceptable method, is quite far from satisfying all parties in some kind of disputes. Parallel to this requirement, some regualtions has been made by United Nations Commission on International Trade Law (UNCITRAL), International Chamber of Commerce (ICC), and International Center for Settlement of Investment Disputes (ICSID).In this framework of the progress, alternative dispute resolution concept, pros and cons of the procedure and the developments in our country has been scrutinized in the first part of our study which is based on two parts. In the second part, institution of alternative dispute resolution has been studied by focusing on the international regulations in this scope. In this context, firstly the UNCITRAL Conciliation Rules and the Model Law that is designated to be a guide for the countries making regulations in this scope are scrutinized. Secondly, the Amicable Dispute Resolution Rules of International Chamber of Commerce which presents various alternatives to parties rather than mediation is studied. Lastly, ICSID Conciliation Rules which provides a different alternative solution to investment conflicts besides arbitration have been analyzed.
Author
Dr. Malike Polat
Institution

Gazi University
Devletler Özel Hukuku Bilim Dalı
How to Cite
Malike Polat (Master Thesis). Mediation in International Law of procedure, 2009, Gazi University.
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