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Brief History and Contemporary Practice of Wise Men and/or Groups of Eminent Persons Phenomena

Received: 6 July 2022     Accepted: 1 August 2022     Published: 10 August 2022
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Abstract

GEPs today represent the geographically wide-spread phenomenon organically linked with the existence and practice of international organizations. International organizations consider such bodies as a useful to analyse the situation of concrete organization and make recommendations to improve it mainly within the sphere of policy or legal order or moreover to formulate recommendations on any matter relating to promotion and maintenance of peace security and stability in the specific region. This contribution do not offer the exhaustive and comprehensive analysis of the phenomena of wise men and/or Groups of eminent persons, but is focusing on the analysis of the historical trends and evolution of GEPs and the comparison of current practice of international organizations to identify a set of similar and different circumstances when they decide to set up GEPs. As members of GEPs usually operate in their individual capacity and did not represent governments, GEPs role is to help to build the institutional structure and/or constituent act of international organization in one region or to strengthen the peace and stability in the other region. The aim of the contribution is to proof that the GEPs do not have asingle (ad hoc) character and are established by different ways. The establishment and functioning of GEPs has a specific historic roots which may be inspired by the centuries´ old practice in dispute and conflict resolution respecting the importance of customary traditional conflict resolution mechanism. The current practice of GEPs already shows that it exceeded the area of international organizations and is starting to be used also within the relations of international organization and third countries, within the specific interregional relations, within bilateral relations between states and even within the process of the preparation and ratification of concrete international treaties.

Published in International Journal of Law and Society (Volume 5, Issue 3)
DOI 10.11648/j.ijls.20220503.16
Page(s) 284-304
Creative Commons

This is an Open Access article, distributed under the terms of the Creative Commons Attribution 4.0 International License (http://creativecommons.org/licenses/by/4.0/), which permits unrestricted use, distribution and reproduction in any medium or format, provided the original work is properly cited.

Copyright

Copyright © The Author(s), 2022. Published by Science Publishing Group

Keywords

Groups of Eminent Persons, GEPs, International Organizations, Dispute Settlement, Regionalism, Panel of Wise

References
[1] Berridge, G. R., Lloyd, L. (Eds.) (2012). The Palgrave Macmillan Dictionary of diplomacy, 3rd ed., London: Palgrave Macmillan, p. 135-136.
[2] Zimmermann, A., Tams, Ch. J. (Eds.) (2012). The Statute of the International Court of Justice (A Commentary), Oxford: Oxford University Press, 2012, p. 66, 69.
[3] Appendix 5: Resolution of the Advisory Committee of Jurists, 24 July 1920 (1947). American Journal of International Law, Vol. 41, Issue S4: Supplement: Official Documents, p. 102 – 103.
[4] United Nations Documents on the Development and Codification of International Law (1947). Supplement to American Journal of International Law, Vol. 41, No. 4, p. 66 and subs.
[5] United Nations: Report of the Informal Inter-Allied Committee on the Future of the Permanent Court of International Justice (1945). American Journal of International Law, Vol. 39, No. 1, Supplement: Official Documents, p. 1-56.
[6] Sauvant, K. P. (2015). The Negotiations of the United Nations Code on Transnational Corporations. Journal of World Investment and Trade, 16, p. 19.
[7] Mowell, B. D. (2021). Barriers to UN–Civil Society Collaborations: An Exploratory Study of CSOs Within the UN–ECOSOC Consultative Status Programme. International Studies, vol. 58, no. 4, p. 466-490.
[8] Howard-Hassmann, R. E. (2004). Reparations to Africa and the Group of Eminent Persons. Cahiers d’études africaines, p. 81- 97.
[9] Report of the Group of Wise Persons to the Committee of Ministers. (2007). International Legal Materials, vo. 46, no. 1, p. 77-93.
[10] Hummer, W. (2000). The End of EU Sanctions against Austria- A precedent for New Sanction Procedures? The European Legal Forum (E) 2-2000/01, p. 77-83.
[11] Freeman, H. B. (2002). Austria: The 1999 Parliament Elections and the Europen Union Members´ Sactions. Boston College International and Comparative Law Review, Vol. 25, no. 1, p. 120.
[12] Tokarski, P. (2010). “Project Europe 2030: Challenges and Opportunities“- Recommendations and Assessment“. Bulletin: The Polish Institute of International Affaires, No. 87 (163), 2010, p. 1-2.
[13] Tzivaras, I. P. (2022). Organization for Security and Co-operation in Europe (OSCE). In: Sayapin, S., Atadjanov, R., Kadam, U., Kemp, G., Zambrana-Tévar, N., Quénivet, N. (eds) International Conflict and Security Law. T. M. C. Asser Press: The Hague.
[14] Murithi, T., Mwaura, Ch. (2010). The Panel of Wise. In: Porto, G., Engel, U. Africa´s New Peace and Security Architecture Routledge, London: Routledge, p. 80.
[15] Van Wyk, J.-A. (2016). High-Level Panels as Diplomatic Instruments: The African Union Panel of the Wise and the Emergence of an African Peace Diplomacy Architecture. Journal of Contemporary History, vol. 41, no. 1, p. 57-79.
[16] Desierto, D. A. Development, Governance, and Rule of Law in ASEAN. In Desierto, D. A., Cohen, D. J. (2021) ASEAN Law and Regional Integration: Governance and the Rule of Law in Southeast Asia’s Single Market, United Kingdom: Routledge.
[17] Weinrich, A. R. (2021). The Emerging Regional Citizenship Regime of the Association of Southeast Asian Nations. Journal of Current Southeast Asian Affairs, vol. 40, no. 2, p. 201-223.
[18] Tan, H-L. (2022). Intergovernmental Yet Dynamically Expansive: Concordance Legalization as an Alternative Regional Trading Arrangement in ASEAN and Beyond. European Journal of International Law.
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    Jan Klucka. (2022). Brief History and Contemporary Practice of Wise Men and/or Groups of Eminent Persons Phenomena. International Journal of Law and Society, 5(3), 284-304. https://doi.org/10.11648/j.ijls.20220503.16

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    ACS Style

    Jan Klucka. Brief History and Contemporary Practice of Wise Men and/or Groups of Eminent Persons Phenomena. Int. J. Law Soc. 2022, 5(3), 284-304. doi: 10.11648/j.ijls.20220503.16

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    AMA Style

    Jan Klucka. Brief History and Contemporary Practice of Wise Men and/or Groups of Eminent Persons Phenomena. Int J Law Soc. 2022;5(3):284-304. doi: 10.11648/j.ijls.20220503.16

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  • @article{10.11648/j.ijls.20220503.16,
      author = {Jan Klucka},
      title = {Brief History and Contemporary Practice of Wise Men and/or Groups of Eminent Persons Phenomena},
      journal = {International Journal of Law and Society},
      volume = {5},
      number = {3},
      pages = {284-304},
      doi = {10.11648/j.ijls.20220503.16},
      url = {https://doi.org/10.11648/j.ijls.20220503.16},
      eprint = {https://article.sciencepublishinggroup.com/pdf/10.11648.j.ijls.20220503.16},
      abstract = {GEPs today represent the geographically wide-spread phenomenon organically linked with the existence and practice of international organizations. International organizations consider such bodies as a useful to analyse the situation of concrete organization and make recommendations to improve it mainly within the sphere of policy or legal order or moreover to formulate recommendations on any matter relating to promotion and maintenance of peace security and stability in the specific region. This contribution do not offer the exhaustive and comprehensive analysis of the phenomena of wise men and/or Groups of eminent persons, but is focusing on the analysis of the historical trends and evolution of GEPs and the comparison of current practice of international organizations to identify a set of similar and different circumstances when they decide to set up GEPs. As members of GEPs usually operate in their individual capacity and did not represent governments, GEPs role is to help to build the institutional structure and/or constituent act of international organization in one region or to strengthen the peace and stability in the other region. The aim of the contribution is to proof that the GEPs do not have asingle (ad hoc) character and are established by different ways. The establishment and functioning of GEPs has a specific historic roots which may be inspired by the centuries´ old practice in dispute and conflict resolution respecting the importance of customary traditional conflict resolution mechanism. The current practice of GEPs already shows that it exceeded the area of international organizations and is starting to be used also within the relations of international organization and third countries, within the specific interregional relations, within bilateral relations between states and even within the process of the preparation and ratification of concrete international treaties.},
     year = {2022}
    }
    

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    AB  - GEPs today represent the geographically wide-spread phenomenon organically linked with the existence and practice of international organizations. International organizations consider such bodies as a useful to analyse the situation of concrete organization and make recommendations to improve it mainly within the sphere of policy or legal order or moreover to formulate recommendations on any matter relating to promotion and maintenance of peace security and stability in the specific region. This contribution do not offer the exhaustive and comprehensive analysis of the phenomena of wise men and/or Groups of eminent persons, but is focusing on the analysis of the historical trends and evolution of GEPs and the comparison of current practice of international organizations to identify a set of similar and different circumstances when they decide to set up GEPs. As members of GEPs usually operate in their individual capacity and did not represent governments, GEPs role is to help to build the institutional structure and/or constituent act of international organization in one region or to strengthen the peace and stability in the other region. The aim of the contribution is to proof that the GEPs do not have asingle (ad hoc) character and are established by different ways. The establishment and functioning of GEPs has a specific historic roots which may be inspired by the centuries´ old practice in dispute and conflict resolution respecting the importance of customary traditional conflict resolution mechanism. The current practice of GEPs already shows that it exceeded the area of international organizations and is starting to be used also within the relations of international organization and third countries, within the specific interregional relations, within bilateral relations between states and even within the process of the preparation and ratification of concrete international treaties.
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Author Information
  • Institute of International Law and European Law, Faculty of Law, Pavol Jozef Safarik University, Kosice, Slovakia

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