Mediace jako metoda řešení mezinárodních sporů

Autor : Bc. Lukáš Hána 🕔07.12.2011 📕2.798

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  1. Mediace jako metoda řešení mezinárodních sporů
  2. Mediace jako metoda řešení mezinárodních sporů
  3. Mediace jako metoda řešení mezinárodních sporů
  4. Mediace jako metoda řešení mezinárodních sporů
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Seznam příloh:

  • Rezoluce Rady bezpečnosti OSN 242, 22. listopad 1967
  • Rezoluce Rady bezpečnosti OSN 338, 22. říjen 1973
  • Mírová smlouva mezi Izraelem a Egyptem z roku 1979 (vybrané články)
  • Třístranné prohlášení o mírovém summitu v Camp David o Blízkém východě, 25. červenec 2000

Rezoluce Rady bezpečnosti OSN 242, 22. listopad 1967[121]

The Security Council,

Expressing its continuing concern with the grave situation in the Middle East,

Emphasizing the inadmissibility of the acquisition of territory by war and the need to work for a just and lasting peace in which every State in the area can live in security,

Emphasizing further that all Member States in their acceptance of the Charter of the United Nations have undertaken a commitment to act in accordance with Article 2 of the Charter,

  1. Affirms that the fulfillment of Charter principles requires the establishment of a just and lasting peace in the Middle East which should include the application of both the following principles:
  • Withdrawal of Israeli armed forces from territories occupied in the recent conflict;
  • Termination of all claims or states of belligerency and respect for and acknowledgement of the sovereignty, territorial integrity and political independence of every State in the area and their right to live in peace within secure and recognized boundaries free from threats or acts of force;
  • Affirms further the necessity
    • For guaranteeing freedom of navigation through international waterways in the area;
    • For achieving a just settlement of the refugee problem;
    • For guaranteeing the territorial inviolability and political independence of every State in the area, through measures including the establishment of demilitarized zones;
  • Requests the Secretary General to designate a Special Representative to proceed to the Middle East to establish and maintain contacts with the States concerned in order to promote agreement and assist efforts to achieve a peaceful and accepted settlement in accordance with the provisions and principles in this resolution;
  • Requests the Secretary-General to report to the Security Council on the progress of the efforts of the Special Representative as soon as possible.
  • Rezoluce Rady bezpečnosti OSN 338, 22. říjen 1973[122]

    The Security Council,

    1. Calls upon all parties to present fighting to cease all firing and terminate all military activity immediately, no later than 12 hours after the moment of the adoption of this decision, in the positions after the moment of the adoption of this decision, in the positions they now occupy;
    2. Calls upon all parties concerned to start immediately after the cease-fire the implementation of Security Council Resolution 242 (1967) in all of its parts;
    3. Decides that, immediately and concurrently with the cease-fire, negotiations start between the parties concerned under appropriate auspices aimed at establishing a just and durable peace in the Middle East.

    Mírová smlouva mezi Izraelem a Egyptem z roku 1979 (vybrané články)[123]

    The Government of the Arab Republic of Egypt and the Government of the State of Israel;

    PREAMBLE

    Convinced of the urgent necessity of the establishment of a just, comprehensive and lasting peace in the Middle East in accordance with Security Council Resolutions 242 and 338;

    Reaffirming their adherence to the "Framework for Peace in the Middle East Agreed at Camp David," dated September 17, 1978;

    Noting that the aforementioned Framework as appropriate is intended to constitute a basis for peace not only between Egypt and Israel but also between Israel and each of its other Arab neighbors which is prepared to negotiate peace with it on this basis;

    Desiring to bring to an end the state of war between them and to establish a peace in which every state in the area can live in security;

    Convinced that the conclusion of a Treaty of Peace between Egypt and Israel is an important step in the search for comprehensive peace in the area and for the attainment of settlement of the Arab- Israeli conflict in all its aspects;

    Inviting the other Arab parties to this dispute to join the peace process with Israel guided by and based on the principles of the aforementioned Framework;

    Desiring as well to develop friendly relations and cooperation between themselves in accordance with the United Nations Charter and the principles of international law governing international relations in times of peace;

    Agree to the following provisions in the free exercise of their sovereignty, in order to implement the "Framework for the Conclusion of a Peace Treaty Between Egypt and Israel";


    Article I

    1. The state of war between the Parties will be terminated and peace will be established between them upon the exchange of instruments of ratification of this Treaty.
    2. Israel will withdraw all its armed forces and civilians from the Sinai behind the international boundary between Egypt and mandated Palestine, as provided in the annexed protocol (Annex I ), and Egypt will resume the exercise of its full sovereignty over the Sinai.
    3. Upon completion of the interim withdrawal provided for in Annex I, the parties will establish normal and friendly relations, in accordance with Article III (3).

    Article II

    The permanent boundary between Egypt and Israel in the recognized international boundary between Egypt and the former mandated territory of Palestine, as shown on the map at Annex II, without prejudice to the issue of the status of the Gaza Strip. The Parties recognize this boundary as inviolable. Each will respect the territorial integrity of the other, including their territorial waters and airspace.

    Article III

    1. The Parties will apply between them the provisions of the Charter of the United Nations and the principles of international law governing relations among states in times of peace. In particular:
      1. They recognize and will respect each other's sovereignty, territorial integrity and political independence;
      2. They recognize and will respect each other's right to live in peace within their secure and recognized boundaries;
      3. They will refrain from the threat or use of force, directly or indirectly, against each other and will settle all disputes between them by peaceful means.
    2. Each Party undertakes to ensure that acts or threats of belligerency, hostility, or violence do not originate from and are not committed from within its territory, or by any forces subject to its control or by any other forces stationed on its territory , against the population, citizens or property of the other Party. Each Party also undertakes to refrain from organizing, instigating, inciting, assisting or participating in acts or threats of belligerency, hostility, subversion or violence against the other Party, anywhere, and undertakes to ensure that perpetrators of such acts are brought to justice.
    3. The Parties agree that the normal relationship established between them will include full recognition, diplomatic, economic and cultural relations, termination of economic boycotts and discriminatory barriers to the free movement of people and goods, and will guarantee the mutual enjoyment by citizens of the due process of law. The process by which they undertake to achieve such a relationship parallel to the implementation of other provisions of this Treaty is set out in the annexed protocol (Annex III).

    Article IV

    1. In order to provide maximum security for both Parties on the basis of reciprocity, agreed security arrangements will be established including limited force zones in Egyptian and Israeli territory, and United Nations forces and observers, described in detail as to nature and timing in Annex I, and other security arrangements the Parties may agree upon.
    2. The Parties agree to the stationing of United Nations personnel in areas described in Annex I. The Parties agree not to request withdrawal of the United Nations personnel and that these personnel will not be removed unless such removal is approved by the Security Council of the United Nations, with the affirmative vote of the five Permanent Members, unless the Parties otherwise agree.
    3. A Joint Commission will be established to facilitate the implementation of the Treaty, as provided for in Annex I.

    Article VII

    1. Disputes arising out of the application or interpretation of this Treaty shall be resolved by negotiations.
    2. Any such disputes which cannot be settled by negotiations shall be resolved by conciliation or submitted to arbitration.

    Annex I

    Protocol Concerning Israeli Withdrawal and Security Agreements

    Article I
    Concept of Withdrawal

    1. Israel will complete withdrawal of all its armed forces and civilians from the Sinai not later than three years from the date of exchange of instruments of ratification of this Treaty.
    2. To ensure the mutual security of the Parties, the implementation of phased withdrawal will be accompanied by the military measures and establishment of zones set out in this Annex and in Map 1, hereinafter referred to as "the Zones."
    3. The withdrawal from the Sinai will be accomplished in two phases:
      1. The interim withdrawal behind the line from east of El-Arish to Ras Mohammed as delineated on Map 2 within nine months from the date of exchange of instruments of ratification of this Treaty.
      2. The final withdrawal from the Sinai behind the international boundary not later than three years from the date of exchange of instruments of ratification of this Treaty.
    4. A Joint Commission will be formed immediately after the exchange of instruments of ratification of this Treaty in order to supervise and coordinate movements and schedules during the withdrawal, and to adjust plans and timetables as necessary within the limits established by paragraph 3, above. Details relating to the Joint Commission are set out in Article IV of the attached Appendix. The Joint Commission will be dissolved upon completion of final Israeli withdrawal from the Sinai.

    Třístranné prohlášení o mírovém summitu v Camp David o Blízkém východě, 25. červenec 2000[124]

    President William J. Clinton

    Israeli Prime Minister Ehud Barak

    Palestinian Authority Chairman Yasser Arafat

    Between July 11 and 24, under the auspices of President Clinton, Prime Minister Barak and Chairman Arafat met at Camp David in an effort to reach an agreement on permanent status. While they were not able to bridge the gaps and reach an agreement, their negotiations were unprecedented in both scope and detail. Building on the progress achieved at Camp David, the two leaders agreed on the following principles to guide their negotiations:

    1) The two sides agreed that the aim of their negotiations is to put an end to decades of conflict and achieve a just and lasting peace.

    2) The two sides commit themselves to continue their efforts to conclude an agreement on all permanent status issues as soon as possible.

    3) Both sides agree that negotiations based on UN Security Council Resolutions 242 and 338 are the only way to achieve such an agreement and they undertake to create an environment for negotiations free from pressure, intimidation and threats of violence.

    4) The two sides understand the importance of avoiding unilateral actions that prejudge the outcome of negotiations and that their differences will be resolved only by good faith negotiations.

    5) Both sides agree that the United States remains a vital partner in the search for peace and will continue to consult closely with President Clinton and Secretary Albright in the period ahead.

    Poznámky

    [121] Rezoluce Rady bezpečnosti OSN 242, http://www.mfa.gov.il/MFA/Peace%20Process/Guide%20to%20the%20Peace%20Process/UN%20Security%20Council%20Resolution%20242

    [122] Rezoluce Rady bezpečnosti OSN 338, http://www.mfa.gov.il/MFA/Peace%20Process/Guide%20to%20the%20Peace%20Process/UN%20Security%20Council%20Resolution%20338

    [123] Mírová smlouva mezi Izraelem a Egyptem z roku 1979, http://www.mfa.gov.il/MFA/Peace%20Process/Guide%20to%20the%20Peace%20Process/Israel-Egypt%20Peace%20Treaty

    [124] Třístranné prohlášení o mírovém summitu v Camp David o Blízkém východě, http://www.mfa.gov.il/MFA/MFAArchive/2000_2009/2000/7/Trilateral%20Statement%20on%20the%20Middle%20East%20Peace%20Summ

    Seriál

    1. Mediace jako metoda řešení mezinárodních sporů
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    3. Mediace jako metoda řešení mezinárodních sporů
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    7. Mediace jako metoda řešení mezinárodních sporů
    8. Mediace jako metoda řešení mezinárodních sporů
    9. Mediace jako metoda řešení mezinárodních sporů

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    Autor : Bc. Lukáš Hána 🕔07.12.2011 📕2.798

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