The Munich Pact of 1938: ADR Strategies for Our Time?

Authors

Lionel D. Warshauer, Benjamin N. Cardozo School of Law

Abstract

This Note will focus on the Munich Pact in five parts. Part I will discuss and analyze the seemingly legitimate aspects of the Munich Negotiations. However, the positive aspects that can be drawn from Part I are sharply contrasted with the unprincipled elements from the Munich Negotiations in Part II. Part III will contrast Mussolini's role as a "mediator" at Munich with President Jimmy Carter's role as a mediator at Camp David. Part IV will focus on why the various forms of ADR that led to the Munich Pact-both negotiation and mediation-did not help achieve a lasting and fair settlement, but instead, a disastrous result. Part V will conclude with how ADR is commonly believed to be a favorable development in the law, but it nonetheless has the potential to be manipulated and distorted in the service of evil, while maintaining a "legitimate" or "legal" standing.

Disciplines

Dispute Resolution and Arbitration | International Law | Law

Recommended Citation

Lionel D. Warshauer, The Munich Pact of 1938: ADR Strategies for Our Time?, 5 Cardozo J. Conflict Resol. 247 (2004).
Available at: https://larc.cardozo.yu.edu/cjcr/vol5/iss2/13