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Transcript of Mori_ Writing sample 2 _ Research paper international mediation
International Mediation and Deep Disagreement
Course: Research Paper Argumentation
Instructor: dhr. dr. Bart Garssen
University of Amsterdam
MA Communication and Information Studies: Discourse and Argumentation Studies
January 29, 2016
Author: Martina Mori
St. No. 11106409
+39 3385995138
Word Count: 5398
1
International Mediation and Deep Disagreement
Table of contents:
1. Introduction................................................................................................................ p. 3
2. International mediation as an argumentative practice: the Camp David Accords..... p. 4
3. Deep disagreement: an obstacle to the international mediation process.................. p. 10
4. Conclusions...............................................................................................................p. 13
References................................................................................................................ p. 14
Appendix: annex to Camp David framework agreements (exchanges of letters).... p. 16
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1. Introduction
This research paper focuses on international mediation as a communicative context in
which argumentation takes places, and on the argumentative phenomenon of deep
disagreement, which can represent a serious obstacle to the rational resolution of a difference
of opinion between two parties, in general, and between two nations, in particular.
I will tackle this problem in the argumentative context of international mediation, which can
be seen as a genre of communicative activity having some characteristics in common with
both mediation and negotiation, described by van Eemeren (2010: 143) as the prototypical
implementations of the problem-solving and the diplomatic communicative domain
respectively.
Due to the practical value of the communicative activities involving two countries who
want to end the conflict they are engaged in, it is very important to find out the possible ways
to overcome the hurdles which can arise in international mediation. Among them, deep
disagreement is definitely a huge problem to surmount, and it is very important for the
mediator to identify what can be the origin of the deep disagreement existing between the
parties. This is the first step the mediator has to take in order to be able to use, in a later stage,
the most apt tactic to maneuver strategically the disputants in order to settle the dispute, and to
eventually achieve the ambitious goal of finding a mutually agreed resolution of the conflict.
Thus, the goal of this paper is to answer the research question:
What is the cause of a deep disagreement between the disputants in international mediation?
In order to give an answer to this question, and figure out what are the kind of
structural problems which can bring about deep disagreement between the disputants in this
specific context, I will first go into the communicative situation in international mediation.
In chapter 2 I will discuss some papers written by Jacob Bercovitch, Sara Greco Morasso, and
by Daniela Muraru, who gives a characterization of this particular communicative practice as
an argumentative activity type starting from the theoretical background of pragma-dialectics. I
will also give an argumentative characterization of the Camp David Accords in 1978 (reason
of the choice and available sources) as an illustrative example of a concrete speech event of
the communicative activity type of international mediation. In chapter 3, I will describe the
argumentative phenomenon of deep disagreement, concentrating on the aspects which are
relevant to the argumentative context of international mediation, and in particular to the Camp
David Accords. Finally, I will draw some conclusions by answering the research question, on
the basis of the proposed relationship between international mediation and deep disagreement.
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2. International mediation as an argumentative practice: the Camp David Accords
For the sake of an accurate description of the communicative context of international
mediation, it is sensible to start defining the notion of international mediation.
As explained by Greco Morasso (2012: 1), what is characteristic of mediation is that during
the communicative process the mediator helps the parties to assume an 'argumentative
attitude', stimulating them to discuss reasonably, in order to transform their conflicting
relationship into a concerted effort to find a win-win solution to the dispute. Therefore, the
ideal and practical goal of mediation is the resolution of the conflict at issue, and mediation is
conceived by Greco Morasso (2012: 2) as a “reasonable approach to conflict”. The mediator
always intervenes as a neutral and impartial third party and he/she is never allowed to advance
standpoints or arguments in favour of a particular outcome.
Similarly, Bercovitch (1991a: 18, 2004: 1) broadly defines mediation as a voluntary
procedure the disputants decide to turn to in order to settle their conflict or resolve their basic
differences, so as a “process of conflict management, related to but distinct from the parties'
own negotiations, where those in conflict seek the assistance of, or accept an offer of help
from, an outsider (whether an individual, an organization, a group, or a state) to change their
perceptions or behavior, [...] without resorting to physical force or invoking the authority of
the law”. Bercovitch asserts that mediation “is non-evaluative and non-judgmental and it is
particularly suited to the reality of international relations” (2004: 2). He claims that
international mediation, where international refers to a communication between the
representatives of two countries, is a heterogeneous and “effective way of dealing with
differences between antagonistic states” (1991b: 3), and that the mediator, who is not directly
involved in the dispute, “becomes in effect another negotiating party, an extension of the
conflict system” (1991b: 4). One of the central issue Bercovitch addresses in his articles is
that “mediation is, and can only be, context specific” (1991b: 6), meaning that the influence
the mediator can have on the communicative situation, and thus on the outcome of the
process, depends on the nature of the dispute and of the relationship between the disputing
parties. Bercovitch defines mediation as partly or fully successful (1991a: 20) “when it is
credited with making a great difference to or for settling a dispute”, and he identifies some
conditions under which international mediation can be successful, namely (1991b: 4) “a
genuine motivation by the parties to settle their conflict and a commitment to do so through
mediation, moderate levels of conflict, initiating mediation at a propitious or 'ripe' moment,
and an appropriate constellation of mediators' qualities and resources”. This requisites are the
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starting points for what he calls the 'contingency approach' (1991a: 19) to international
disputes (any “organized and continuous armed conflict between two states which resulted in
at least 100 fatalities”), in which he proposes a model to evaluate the outcomes of mediation
according to the “interrelationships between contextual and process variables”. Bercovitch
describes the latter as the nature of the activities and the strategies of the mediator to affect the
parties' behaviour, and the contextual variables as corresponding to the nature of the parties,
the nature of the dispute, and the nature of the mediator.
Before going into Muraru's characterization of international mediation as a
communicative activity type, which in turn refers to the pragma-dialectical theory of
argumentation, I will apply Bercovitch's contingency model, concentrating only on the
contextual variables, to the well-known international mediation activities that took place at
Camp David, the country retreat of the then President of the United States Jimmy Carter.
The thirteen-days secret and tense negotiations that led to the Camp David Accords were
signed at the White House on 17 September 1978 by the Egyptian President Mohamed Anwar
El Sadat and the Israeli Prime Minister Menachem Begin, witnessed by President Carter.
The need for an international mediation originated from the critical situation in the Middle
East, resulting from the Arab-Israeli Wars (1948, 1956, 1967, 1973). In particular, the conflict
between Egypt and Israel stemmed from the control over the Suez Canal, nationalized by
Egypt in 1956, and from the territories occupied by Israel in the Six-Day War (1967). Among
them there was also the Sinai Peninsula that caused in 1973 the Yom-Kippur War between
Egypt and Israel, with however no change in the borders of that territory, that remained under
Israeli occupation. This problematic context in the Middle East could not avoid to influence,
and to be influenced by, the macro-context of the Cold War (1947-1991) between the global
superpowers (United States and Sovietic Union), that were engaged in a perennial
confrontation to be the most powerful entity in the post-WWII world. Israel had gravitated
towards the American sphere of influence since the Sixties, while Egypt and the Arab world
were 'friends' of the USSR. This element is a hint of the political and economic interests that
the US had regarding this area, which caused the involvement of the US in the Arab-Israeli
negotiations regarding the issue of occupied territories (Sinai, Gaza, West Bank, Golan
Heights and Arab Jerusalem) and the Suez Canal. Indeed, it already appears evident from this
analysis that playing the role of the mediator in this conflict was not exactly a walkover.
However, the Camp David Accords are considered an example of successful international
mediation, since Egypt and Israel signed two agreements: A Framework for the Conclusion of
a Peace Treaty between Egypt and Israel, and A Framework for Peace in the Middle East.
5
These framework agreements (both accompanied by clarifying 'side-letters', in the Appendix)
had very different content, and context, how I will demonstrate by applying Bercovitch
contingency approach to understand this international mediation.
The first contextual variable to consider is the nature of the parties, which are different
for the two signed agreements. While Egypt and Israel were present at the negotiations, the
countries of the Middle East (PLO, Jordan, Syria, Lebanon, Iraq) were not represented by any
recognized leader of the Palestinian territories, and the absence of the Palestinian was the
reason of the condemnation of the agreement regarding the peace in the Middle East by the
United Nations. As Bercovitch claims (1991a: 21), “conflict management by third parties can
occur only between adversaries that have well-defined and legitimate identities. […] The
more clearly identifiable and united the parties are, the greater are the chances of a successful
mediation”. In fact, the framework agreement for peace in the Middle East wanted to keep the
peace in that area, with recognized boundaries, and provided that the West Bank and the Gaza
Strip would have had an autonomous self-governing authority after the withdrawal of Israeli
armed force from occupied territories. Moreover, together with the framework agreement,
some 'associated principles” were included as applicable to peace treaties between Israel and
its neighbours (Egypt, Jordan, Syria and Lebanon). However, these goals, that should have
coincide with the implementation of the United Nations Security Council Resolution 242,
were never achieved. In addition, the city of Jerusalem was excluded from the agreement.
Therefore, it can be claimed that the nature of the parties in the Israel-Palestinian dispute, and
the fact that the adversaries had been engaged in previous conflicts, has not “enhanced the
probability of successful mediation” (Bercovitch, 1991b: 21). The second framework
agreement, which led to the peace treaty between Egypt and Israel in 1979, can be definitely
considered as a more successful outcome of international mediation. An important collateral
result was that Egypt was the first Arab state to officially recognize the state of Israel. The
agreement provided for the withdraw of Israeli troops and settlers from Sinai, in return for the
freedom of passage of Israeli ships through the Suez Canal. In this case, the prior relationship
between the parties did not have such a negative influence on the outcome, mainly because
the disputants could directly benefit from the mediator's efforts.
The second contextual variable in Bercovitch's contingency model is the nature of the
dispute, widely considered as the most influential factor in the outcome of every mediation
process (Bercovitch, 1991a: 22). Among the considerable aspects of the nature of
international disputes there are the duration of the conflict, the intensity (in number of
fatalities), and the kinds of issues involved.
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The timing of mediation seemed to be effective for Camp David, as it followed “some 'test of
strength' between the disputants” (1991a: 22). Although the Arab-Israeli conflict was already
very protracted and intense (over 10000 casualties), mediation was accepted by Egypt and
Israel, and it was successful to some degree, perhaps also because they were rewarded for
their diplomatic efforts with annual subsidies of several billion dollars by the United States,
who by using this 'directive strategy' (Bercovitch, 2004: 3) obtained that Egypt entered in the
American sphere of influence. But what really defines the nature of the dispute is the type of
issue which triggered off the conflict, or better, the perception the parties have of the issue,
which “is a key factor in determining whether or not to accept a mediation initiative and in
influencing whether it will have much success. Issues in conflict refer to underlying causes of
a dispute. They may not always be clear” (1991a:23). The Arab-Israeli conflict is mainly a
'security dispute', which is “over frontiers, borders, and territories” (1991a: 24). However,
these conflict involves also ideological issues “over the nature of a political system, basic
values, or beliefs” (1991a:24), where the ancestral hostility between the Islamic and the
Jewish culture and religion can be traced. As a matter of fact, the issue about the Sinai
territory was resolved with the compromise of Suez Canal, but the issue of West Bank and
Gaza, territories much more related to the Zionist movement, was only formally agreed upon,
and the issue on Jerusalem was neither part of the framework agreement for peace in the
Middle-East. The Camp David Accords are in this sense the perfect example of Bercovitch's
pattern, as he stated “The chances for successful mediation are enhanced considerably when
the issues in dispute are issues of security or independence. When the issues in dispute are
defined as honor, existence, or ideology, the chances of successful mediation are reduced
substantially” (1991a:25).
Besides the nature of the parties and the nature of the dispute, also the nature of the
mediator plays a fundamental role in the third-party management of international conflicts.
In our case, both Begin and Sadat had invested much to reach agreement since the latter's
ground-breaking had visit in Israel, which is considered to have been the first step to
negotiate. Despite this, Jimmy Carter, who was representing the United States at Camp David,
made the difference, and it can be noticed by only reading the letters (in the Appendix). The
United States, represented by his officials (Secretary of State, Ambassador, President), had
started the mediation process with bilateral negotiations with both Israel and Egypt, and later
acted as a go-between for the two countries. In Camp David, Carter used a micro shuttle
diplomacy, going from Sadat's cabin to Begin's one, and helping to avoid the stalemate, the
impasse created on the tenth day by the issue of the Israeli settlement withdrawal from the
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Sinai and the status of the West Bank. Carter's proposed compromise, accepted by the parties,
was to concede the issue of West Bank to Begin, and the issue of Sinai to Sadat. In fact,
“effective mediation depends not only on the mediator's knowledge and skill about conflict
and conflict management, but also on his/her prestige and authority, originality of ideas,
access to resources, and ability to act unobtrusively” (1991a:25), and Carter possessed all the
qualities that permitted him to stimulate the parties to discuss reasonably and to highlight the
issues on which the parties agreed. The influence Carter had on the mediation process was
due to the fact that he was perceived as a reasonable, trustworthy, and credible interlocutor by
the disputants, and their confidence in the mediator was enhanced as he was “seen by both
sides as an impartial yet skilled participant in the process” (1991a:25). Bercovitch expanded
on the issue of impartiality, claiming that the “mediator has to be seen as a participant in a
conflictual decision-making system” (1991a:28), and that the “traditional emphasis on
impartiality stems from the failure to recognize mediation as a structural extension of bilateral
bargaining and negotiation. […] The mediator's task is primarily one of reframing and
persuasion” (1991a: 26). For this reason, “effective mediation in international relations is
related more to resources than to impartiality” (1991a: 26), and this surely can be applied to
Carter's mediation at Camp David.
The aspect of mediator's neutrality is of central importance also in the extended
pragma-dialectical theory of argumentation (van Eemeren, 2010), where the taxonomy of the
genres of communicative activity distinguishes between mediation and negotiation, described
as prototypical implementations of the problem-solving and the diplomatic communicative
domain respectively. A problem of classification can emerge when talking about the
communicative activity type of 'peace talks', represented here by the concrete speech event of
Camp David Accords.
Peace talks are considered by van Eemeren (2010: 143) as an activity type of
negotiation, notwithstanding the fact that there is a mediator, because they “start from an
initial situation that is better described as a conflict of interest than as an ordinary difference
of opinion” (2010: 149). He states that Camp David peace talk are sometimes classified as an
event of mediation, but for him that context required “the mediator to have a completely
different set of qualifications than the usual ones in mediation: those of being neutral and
disinterested” (2010: 143, note 32).
However, it is difficult to ignore the fact that there was indeed a mediator, and that Camp
David is taken worldwide as a successful example of international 'mediation'. It is undeniable
that the macro-context of that communicative situation required President Carter to use some
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diplomatic negotiation, but in mediation, as pointed out by Muraru (2010a: 2), “the disputants
have to resort to a third party, who, acting as a neutral facilitator of the discussion process,
guides the parties in their more or less cooperative search for a solution”. Specifically, “as a
facilitator of communication, the mediator has the role of helping the parties to agree on
reaching the negotiating phase” (2010a: 3). Thus, “mediation involves negotiation, but not
necessarily the other way round” (2010b: 232).
In addition, Muraru claims that international mediation, just like negotiation, “can be
characterised as a moderately institutionalised activity type, due to the diplomatic relations
and practices the parties are engaged in” (2010b: 235), and specifically because “it involves
an interaction between representative of states, guided by some fixed set of values and
particular norms of behaviour, which are culturally bound” (2010b: 231). By saying that
mediation has specific institutionalised setting and constraints, she contradicts van Eemeren's
claim that the genre (not the communicative activity type) of mediation “is only weakly
institutionalized” (2010: 148), which is voluntary and non-binding.
It seems to me that international mediation, or at least the Camp David case, can be
considered as a hybrid genre of communicative activity, between mediation and negotiation,
in which the former is predominant because of the presence of a third party despite the search
for compromise as a solution for the conflict of interest. It cannot be ignored that in any
international mediation there is always a mediator, a third participant who represents in that
context both the mutual effort made by two nations to enter into dialogue with each other in
order to resolve their disagreement, and the fact that the mediation is necessary because they
cannot resolve their difference of opinion by themselves. Even van Eemeren (2010: 144)
admits that “certain communicative activity types may even prototypically involve the
activation of more genres of conventionalized communicative practices”.
The Camp David Accords can be then considered as a concrete instantiation of both
'peace talks' and 'international mediations' activity types, conceiving them as mixed types of
communicative practices with characteristics of both mediation and negotiation.
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3. Deep disagreement: an obstacle to the international mediation process
Robert J. Fogelin, an informal logician whose article “The Logic of Deep
Disagreements” (1985) marked an important milestone in the approach to this argumentative
phenomenon, and who elicited many reactions among argumentation scholars, talks about
"broadly shared believes and preferences [...] that [...] lie in the background, unmentioned.
They guide the discussion, but they are not the subject of it" (2005: 5). In Fogelin's view,
these shared beliefs structure the argumentative exchange, which without them is not defined
as 'normal', is pointless and impossible to resolve by arguing in a rational way. This type of
argument is generated by conflicts between 'framework propositions', between different, or
even opposite, systems of ideas and beliefs which shape the argumentative discussion, and it
is immune to normal criticisms and common appeals to facts (e.g. on abortion). In addition,
Fogelin claims that surfacing the systems of background propositions and discuss them
directly would be the ideal solution, but he also asserts that, in the reality of argumentative
discussions, no rational procedures can be used to resolve deep disagreements. The parties can
reach agreement on facts, but still disagree on moral issues and hierarchies of values; and
being their arguments conceived within their personal framework of commitments, the
inevitable result is the impossibility of resolving their deep disagreement by holding a rational
argumentative discussion. In short, Fogelin thinks that deep disagreements cannot be resolved
through rational argumentation, and that trying to argue in presence of a deep disagreement
would be pointless, a violation of the efficiency rule of the communication principle.
It can appear that in presence of a deep disagreement there are too few common
starting points to arrive at a resolution of an international conflict. Nevertheless, it has to be
considered the fact that, when there is mediation, an explicit effort has already been made by
the parties to resolve the disagreement that caused their conflict and is the object of the
international mediation process. Even though the international mediation can be suggested by
external players for reasons of peacekeeping, like in Camp David, every mediation is never
forced and always voluntary. That is why we suppose that the parties should want to come to a
rational resolution of the dispute, no matter how deep it is.
David Zarefsky also points out the importance of the consensus on starting points,
stating that “productive disagreement must be grounded in agreement” (2012: 77), but he
claims that since deep disagreement is "prevalent and consequential" (2012:79), ('prevalent'
because of the growing religious fundamentalism linked to the personal and cultural identity,
and 'consequential' because of the following authoritarian policies) argumentation scholars
10
should explore new means to surmount it, adopting a point of view that is less logical and
more rhetorical, as already suggested by Nola Heidlebaugh (2001).
In the pragma-dialectical theory of argumentation, the agreement on starting points
taking place in the opening stage is fundamental for any critical discussion to develop in a
productive way. Thus, for the success of the whole communicative process, it is necessary that
the two disputants who participate in an international mediation process agree on the
procedural and material starting points. It is sensible to claim that the framework propositions
Fogelin refers to can be compared to the material starting points in the opening stage of the
pragma-dialectical model for a critical discussion, which being both normative and
descriptive, admits some possible derailments, i. e. the fallacies. However, it can happen in
the argumentative reality that the actual discussion deviates from the model in other ways, for
example in cases of deep disagreements, that risk to block the discussion at the confrontation
stage, without possibility of a rational resolution. Van Eemeren (2010: 1) claims that “Even in
the extreme case of the seemingly irresolvable controversies known as 'deep disagreements'
the parties usually go through the motions of trying to resolve a difference of opinion on the
merits, if only to give the impression of being reasonable to a third party consisting of
outsiders”. Also Greco Morasso is optimistic (2012: 4) when she says that a true deep
disagreement is not really possible, because the parties must share in the opening stage at least
the common ground of human nature.
Interestingly, Manfred Kraus (2012: 92) analyses the preconditions under which the
argumentative phenomenon he calls 'polemic argument', which “shows no noticeable attempt
at resolving the basic dissent by rational means, but consists in nothing but repeated
contradiction and gainsaying”, is likely to occur. Deep disagreements, which is seen by Kraus
as a precondition of the polemic argument, “typically arise from a lack of of common ground
between arguers”. Moreover, he claims that “one of the major sources for such a lack and
hence for cognitive breaks and deep disagreement is the diversity of the cultural backgrounds
of the individual arguers, a problem that rapidly gains in importance in our increasingly
multicultural societies, in which conflicting groups with different world-views share the same
space”. In the case of Camp David, Kraus' considerations can be easily applied to the issue of
Jerusalem, which is excluded from the agreement, and so it is still part of the deep
disagreement, just because is conceived by Begin as “one city indivisible, the capital of the
State of Israel” (Appendix, p. 3), while Sadat had proposed a division of the city in two parts
(Arab Jerusalem and Jewish Jerusalem). This examples shows the importance of the context
of international mediation in case of deep disagreement, where the mediator has a very special
11
role in the resolution process, as he is not personally involved, and his precise task is to help
the participants to find a solution, which could be very demanding in such cases.
The Arab-Israeli conflict can be analysed also an 'intractable conflict', a term used by
Bercovitch (2004: 4) to characterise “long, drawn out and intense” conflicts. He asserts that
intractable conflicts “are driven by antagonists with a strong sense of identity, grievance of
some sort (economic or political), and a desire to use violence to change the status quo”.
Importantly, he adds that “mediation offers the possibility of a jointly acceptable outcome
without giving in on one's core values and beliefs” (2004: 7).
The notion of 'belief' is analysed by Freeman (2012: 67,68) as “a habit which develops
under the stimulation of various experiences” which “allows us to infer the conclusion from
the premise” and causes “different inferential belief-habits”. Freeman claims that “To be able
to infer a conclusion from a premise is to recognize that the premise or what it expresses has a
certain meaning. Different persons then will recognize meaning differently and interpret
situations differently” (2012: 68). In this sense, argumentation in general and mediation in
particular, can represent an opportunity to come into contact not only with the other's view,
but also to deepen the awareness of one's own view. In Freeman's words (2012: 73) “entering
such a dialogue may lead to a deeper understanding of one's world view and a more
commitment to it”. The wilfulness of the mediation process should guarantee what for
Freeman is a necessary condition for cross-cultural communication, namely that “the
participants must be genuinely open to valuing reasonableness” (2012: 74). In this sense,
international mediation per se offers a genuine possibility to peacefully overcome deep
disagreement through a deep understanding of the other's point of view.
In fact, also Bercovitch highlights that “mediation offers the most promising approach to
managing intractable conflicts”(2004: 1). He adds that “mediation is an effective and useful
way of dealing with intractable conflicts. This is not to suggest that every intractable conflict
can be mediated. Many conflicts are just too intense, the parties too entrenched and the
behaviour just too violent for any mediator to achieve very much” (2004:6). Then, the
mediation in intractable conflicts requires “acute psychological understanding of the parties'
feelings and grievances” (2004:6). It is my view that the notion of 'intractable conflict' can be
related to that one of 'deep disagreement', and that both can be applied to the Camp David
international mediation, as it involves some starting points that have to do with the political,
economic, and mostly cultural and religious backgrounds, related to the core values and
beliefs of both Israel and Egypt. The objective of the mediator is to find an agreement
between them, as a first step to a solution to the Palestinian problem of occupied territories.
12
4. Conclusions
The aim of this research paper was to answer the question:
What is the cause of a deep disagreement between the disputants in international mediation?
I described deep disagreement as an argumentative phenomenon which can be characterized
as the problematic lack of agreement on common starting points that normally takes place in
the opening stage of the ideal model of a critical discussion, and allows the rational resolution
of the difference of opinion between the participants. It immediately appears clear that deep
disagreement represents a major argumentative problem also in contexts of international
mediation, as the two conflicting countries hopefully want to come to a mutually accepted
arrangement in the concluding stage. If the adversaries don't share any starting point, it is
much more probable that the mediator will only provisionally settle the dispute, instead of
resolving, even partly, the difference of opinion which was the origin of the international
conflict.
International mediation has been characterised as a communicative activity type having some
specific features, in particular that it is a voluntary process in which a third party represents a
real possibility to overcome deep disagreement, in search of an agreement on material starting
points in the opening stage, after the manifestation of this problem in the confrontation stage.
Sometimes, what leads two nations to be involved in international mediation are their cultural,
religious and socio-economic disputes, which in the worst possible scenario are caused by a
deep disagreement between the disputants, an inevitable communicative gap which is caused
by the lack of common ground, of a shared commitments set, that requires an international
mediation process in order to have a possibility of being bridged. In the context of Camp
David Accords, agreement has been reached on the Sinai and the Suez Canal thank to the
mediator, while the disagreement on occupied territories (Arab Jerusalem, West Bank, and
Golan) has not been solved. The cause of this deep disagreement, and of this argumentative
phenomenon in general, can be found in the difference in starting points of Egypt and Israel,
having these two nations a big cultural diversity, which, as suggested by several authors, can
be the cause of religious, political and ethical conflicting core values and beliefs.
Certainly, it is necessary that the mediator is aware of the cultural diversity that brings about
the deep disagreement between the parties, in order to help them to make it explicit, and to
overcome the impasse, by trying to use a more rhetorical than logical approach, considering
two nations' people as the audience of the international mediation, since they will be affected
by the outcome of the process, and they will judge their representatives' reasonableness.
13
References
– Bercovitch, Jacob (1991a) “International Mediation and Dispute Settlement:
Evaluating the Conditions for Successful Mediation” in Negotiation Journal, Volume
7, Issue 1, Pages 17-30, January 1991.
– Bercovitch, Jacob (1991b) “International Mediation” in Journal of Peace Research,
Volume 28, No. 1, Special Issue on International Mediation, Pages 3-6, February
1991.
– Bercovitch, Jacob (2004) “International Mediation and Intractable Conflict” in
Beyond Intractability. Eds: Guy Burgess and Heidi Burgess. Conflict Information
Consortium, University of Colorado, Boulder. Posted: January 2004, on
http://www.beyondintractability.org/essay/med-intractable-conflict.
– Eemeren, Frans H. van (2010) “Strategic Maneuvering in Argumentative Discourse -
Extending the pragma-dialectical theory of argumentation”, John Benjamins
Publishing Company, Amsterdam, 2010.
– Fogelin, Robert J. (1985) “The Logic of Deep Disagreements” in Informal Logic,
Volume 7, Issue 1, Pages 1-8. Re-printed (2005) in Informal Logic, Volume 25, Issue
1, Pages 3-11.
– Freeman, James B. (2012) “Can Argumentation Really Deal with Dissensus?” in
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Eds: Frans H. van Eemeren and Bart Garssen, Springer, Dordrecht, 2012.
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nella mediazione”(Arguing for conflict resolution: argumentation in mediation)
Invited paper for Argomentazione, processi cognitivi e nuove tecnologie, Special issue
of Sistemi Intelligenti 3 (2), ed. F. Paglieri, Pages 513.533.
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– Kraus, Manfred (2012) “Cultural Diversity, Cognitive Breaks, and Deep
Disagreement: Polemic Argument” in Topical Themes in Argumentation Theory -
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in International Mediation” in ISSA (International Society for the Study of
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proceedings-2010-strategic-maneuvering-with-the-technique-of-dissociation-in-
international-mediation/.
– Muraru, Daniela (2010b) “International Mediation as an Argumentative Activity Type”
in Interstudia, Review of Interdisciplinary Centre for Studies of Contemporary
Discorsive Forms (Revista Centrului Interdisciplinar de Studiu al Formelor Discursive
Contemporane), Issue 6/2010, Pages 228-237, on www.ceeol.com.
– Zarefsky, David (2012) “The Appeal for Transcendence: a Possible Response to Cases
of Deep Disagreement” in Topical Themes in Argumentation Theory - Twenty
Exploratory Studies, Pages 77-89, Eds: Frans H. van Eemeren and Bart Garssen,
Springer, Dordrecht, 2012.
Visited websites:
– Israel Ministry of Foreign Affairs (January 2016) “Camp David Accords”
http://www.mfa.gov.il/mfa/foreignpolicy/peace/guide/pages/camp%20david
%20accords.aspx
– Jimmy Carter Presidential Library and Museum (January 2016) “Camp David
Accords” http://www.jimmycarterlibrary.gov/documents/campdavid/index.phtml
– Wikipedia, The Free Encyclopedia (January 2016) “Camp David Accords”
https://en.wikipedia.org/wiki/Camp_David_Accords
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Appendix
Annex to the Framework Agreements: Exchanges of Letters
All letters from Mr. Carter are dated September 22, 1978, all the other letters are dated September 17, 1978.
Prime Minister Begin to President Carter
The President Camp David Thurmont, Maryland
September 17, 1978
Dear Mr. President:
I have the honor to inform you that during two weeks after my return home I will submit a motion before Israel's Parliament (the Knesset) to decide on the following question:
If during the negotiations to conclude a peace treaty between Israel and Egypt all outstanding issues are agreed upon, "are you in favor of the removal of the Israeli settlers from the northern and southern Sinai areas or are you in favor of keeping the aforementioned settlers in those areas?"
The vote, Mr. President, on this issue will be completely free from the usual Parliamentary Party discipline to the effect that although the coalition is being now supported by 70 members out of 120, every member of the Knesset, as I believe, both of the Government and the Opposition benches will be enabled to vote in accordance with his own conscience.
Sincerely yours,Menachem Begin
President Sadat to President Carter
His Excellency Jimmy CarterPresident of the United States
September 17, 1978
Dear Mr. President:
In connection with the "Framework for a Settlement in Sinai" to be signed tonight, I would like to reaffirm the position of the Arab Republic of Egypt with respect to the settlements:
1. All Israeli settlers must be withdrawn from Sinai according to a timetable within the period specified for the implementation of the peace treaty.
2. Agreement by the Israeli Government and its constitutional institutions to this basic principle is therefore a prerequisite to starting peace negotiations for concluding a peace treaty.
3. If Israel fails to meet this commitment, the "framework" shall be void and invalid.
Sincerely,Mohamed Anwar El Sadat
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President Carter to President Sadat
His Excellency Anwar Al-Sadat President of the Arab Republic of Egypt
September 22, 1978
Dear Mr. President:
I transmit herewith a copy of a letter to me from Prime Minister Begin setting forth how he proposes to present the issue of the Sinai settlements to the Knesset for the latter's decision.
In this connection, I understand from your letter that Knesset approval to withdraw all Israeli settlers from Sinai according to a timetable within the period specified for the implementation of the peace treaty is a prerequisite to any negotiations on a peace treaty between Egypt and Israel.
Sincerely,Jimmy Carter
Enclosure: Letter from Prime Minister Begin
President Carter to Prime Minister Begin
His Excellency Menachem Begin Prime Minister of Israel
Dear Mr. Prime Minister:
I have received your letter of September 17, 1978, describing how you intend to place the question of the future of Israeli settlements in Sinai before the Knesset for its decision.
Enclosed is a copy of President Sadat's letter to me on this subject.
Sincerely,Jimmy Carter
Enclosure: Letter from President Sadat
President Sadat to President Carter
His Excellency Jimmy Carter President of the United States
Dear Mr. President:
I am writing you to reaffirm the position of the Arab Republic of Egypt with respect to Jerusalem.
1. Arab Jerusalem is an integral part of the West Bank. Legal and historical Arab rights in the city must be respected and restored.
2. Arab Jerusalem should be under Arab sovereignty.
3. The Palestinian inhabitants of Arab Jerusalem are entitled to exercise their legitimate national rights, being part of the Palestinian People in the West Bank.
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4. Relevant Security Council resolutions, particularly Resolutions 242 and 267, must be applied with regard to Jerusalem. All the measures taken by Israel to alter the status of the City are null and void and should be rescinded.
5. All peoples must have free access to the City and enjoy the free exercises of worship and the right to visit and transit to the holy places without distinction or discrimination.
6. The holy places of each faith may be placed under the administration and control of their representatives.
7. Essential functions in the City should be undivided and a joint municipal council composed of an equal number of Arab and Israeli members can supervise the carrying out of these functions. In this way, the city shall be undivided.
Sincerely,Mohamed Anwar El Sadat
President Carter to President Sadat
His ExcellencyAnwar al-Sadat President of the Arab Republic of EgyptCairo
Dear Mr. President:
I have received your letter of September 17, 1978, setting forth the Egyptian position on Jerusalem. I am transmitting a copy of that letter to Prime Minister Begin for his information.
The position of the United States on Jerusalem remains as stated by Ambassador Goldberg in the United Nations General Assembly on July 14, 1967, and subsequently by Ambassador Yost in the United Nations Security Council on July 1, 1969.
Sincerely,Jimmy Carter
Prime Minister Begin to President Carter
The PresidentCamp DavidThurmont, Maryland
17 September 1978
Dear Mr. President:
I have the honor to inform you, Mr. President, that on 28 June 1967 - Israel's parliament (The Knesset) promulgated and adopted a law to the effect: "the Government is empowered by a decree to apply the law, the jurisdiction and administration of the State to any part of Eretz Israel (Land of Israel - Palestine), as stated in that decree."
On the basis of this law, the government of Israel decreed in July 1967 that Jerusalem is one city indivisible, the capital of the State of Israel.
Sincerely,Menachem Begin
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President Sadat to President Carter
His Excellency Jimmy Carter President of the United States The White House Washington, D.C.
September 17, 1978
Dear Mr. President:
In connection with the "Framework for Peace in the Middle East," I am writing you this letter to inform you of the position of the Arab Republic of Egypt, with respect to the implementation of the comprehensive settlement.
To ensure the implementation of the provisions related to the West Bank and Gaza and in order to safeguard the legitimate rights of the Palestinian people, Egypt will be prepared to assume the Arab role emanating from these provisions, following consultations with Jordan and the representatives of the Palestinian people.
Sincerely,Mohamed Anwar El Sadat
President Carter to Prime Minister Begin
His Excellency Menachem Begin Prime Minister of Israel
Dear Mr. Prime Minister:
I hereby acknowledge that you have informed me as follows:
1. In each paragraph of the Agreed Framework Document the expressions "Palestinians" or "Palestinian People" are being and will be construed and understood by you as "Palestinian Arabs."
2. In each paragraph in which the expression "West Bank" appears it is being, and will be, understood by the Government of Israel as Judea and Samaria.
Sincerely,Jimmy Carter
Reference (January 2016):
http://www.jimmycarterlibrary.gov/documents/campdavid/letters.phtml
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