OSCE-Yearbook 1995/1996

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OSCE-Yearbook 1995/1996 Contents Editor's Note 11 Flavio Cotti Preface 13 Wilhelm Höynck Preface* 15 Kurt P. Tudyka Foreword 19 Dieter S. Lutz Introduction 21 I. The Situation OSCE: Developments and Prospects Hans-Dietrich Genscher Strengthening the OSCE - An Indispensable Condition for a Just and Lasting Peaceful Order from Vancouver to Vladivostok 49 László Kovács The Future Role of the OSCE in the European Security Architecture 57 Wilhelm Höynck The OSCE in Mid-1996: Stock-Taking and Prospects 69 The Interests and the Commitment of the OSCE States Kurt P. Tudyka The Attitude of Participating States Toward the OSCE 79 Régis de Belenet France and the OSCE: The OSCE in Today's Europe 87 5 Andrew Cottey Britain and the OSCE 93 Jan Pechácek The Czech Republic and the OSCE 105 Jerzy M. Nowak Poland and the OSCE: In Search of more Effective 111 European Security Omar A. Sultanov Kyrgyzstan and the OSCE 129 Alois Reznik Uzbekistan and the OSCE 139 II. Instruments, Means, Mechanisms and Procedures Conflict Prevention and Settlement of Disputes Dieter S. Lutz The OSCE Court of Conciliation and Arbitration* 151 Robert H. Frowick The OSCE Mission to Bosnia and Herzegovina 163 István Gyarmati The Hungarian Chairmanship and the Chechnya Conflict 175 The Human Dimension and the Development of Democracy Hans-Joachim Gießmann Democracy as a Creative Task - Challenging or Overburdening the OSCE? 187 Gerald Mitchell Election Observation is More than just a One Day Event 199 6 Peter Emery OSCE Parliamentary Assembly Election Monitoring: The 1995 Russian Elections 211 The Building of Cooperative Security Benedikt von Tscharner/Linus von Castelmur The Work on a Security Model for Europe for the 21st Century 227 Jörg Wallner The Implementation of Conventional Arms Control Agreements 241 Rüdiger Hartmann The Significance of Regional Arms Control Efforts for the Future of Conventional Arms Control in Europe, Exemplified by the Arms Control Negotiations in Accordance with the Dayton Agreement 253 Joanna van Vliet Principles Governing Conventional Arms Transfers 265 Ortwin Hennig The Code of Conduct on Politico-Military Aspects of Security 273 Jonathan Dean The OSCE "Code of Conduct on Politico-Military Aspects of Security": A Good Idea, Imperfectly Executed, Weakly Followed-up 291 Pál Dunay/Wolfgang Zellner The Pact on Stability in Europe - A Diplomatic Episode or a Lasting Success? 299 Economic Transformation and Limitation of New Risks Hans-Hermann Höhmann Problems of Economic and Social Transformation in Eastern Central Europe and the CIS States: Fields of Activity for the "Economic Dimension" of the OSCE? 315 7 Kurt Schelter/Michael Niemeier The Fight against Organized Crime as a Challenge for Europe - for the OSCE as well? 325 III. Organizational Aspects OSCE Institutions and Structures Piotr Switalski The OSCE Chairmanship: Development of an Institution 337 Márton Krasznai Consultation and Political Dialogue in the Permanent Council 345 Michael Fuchs/Angelika Pendzich-von Winter The OSCE Parliamentary Assembly 355 Frans Timmermans The Activities of the OSCE High Commissioner on National Minorities in Conflict Prevention 365 Heather F. Hurlburt The Office for Democratic Institutions and Human Rights: OSCE's Response to the Challenges of Democratization* 369 External Relations and Influences Mario Sica The New Mediterranean Dimension of the OSCE 379 Ingo Peters The Relations of the OSCE to Other International Organizations 385 Aaron Rhodes The Continuing Challenge of the International Helsinki Federation for Human Rights (IHF) 401 Ulrich Fastenrath The Legal Significance of CSCE/OSCE Documents 411 8 Annex Vienna Document 1994/ Global Exchange of Military Information 431 Annual Report of the Secretary General 1995 483 Forms and Fora of Cooperation in the OSCE Area 517 The 55 OSCE Participating States - Facts and Figures 519 OSCE Chronology 535 OSCE Selected Bibliography 539 Acronyms 545 Contributors 547 9 Editor's Note The German language OSZE-Jahrbuch is edited by the Institute for Peace Research and Security Policy at the University of Hamburg since 1995 with the support of international co-editors: Prof. Arie Bloed, Secretary General of the Netherlands Helsinki Committee, Utrecht (until the 1996 edition); Prof. Jonathan Dean, Ambassador ret., Union of Concerned Scientists, Washington D.C. (since the 1996 edition); Prof. Pál Dunay, Deputy Director of the Hungarian Institute of International Affairs, Budapest; Dr Adam Daniel Rotfeld, Director of the Stockholm International Peace Research Institute; and Prof. Andrei Zagorski, Deputy Director of the Moscow State Institute for International Relations. The encouraging reception of the German version of the OSCE Yearbook in- duced us to offer an English version in order to make the OSCE Yearbook available to a broader community of readers interested in detailed informa- tion and first-hand analyses on the OSCE process. Consequently, we present a translated version of the OSCE Yearbook 1996, supplemented by some articles from the Yearbook 1995, indicated by an as- terisk and a respective footnote. While minor details may have become overtaken by events, we are con- vinced that this is more than outweighed by the substance and validity of the essays. Beginning with the 1997 issue, an English version of the OSCE Yearbook will appear on a regular basis. 11 Flavio Cotti Preface The publication of the second volume of the OSCE Yearbook is taking place at a time when the Organization for Security and Cooperation in Europe is undergoing significant change and facing new kinds of challenges. Thus it is especially worthwhile to have a new collection of knowledgeable articles which provide critical comment on these changes while at the same time of- fering suggestions and ideas. The many smouldering conflicts in the Balkans, the Caucasus and Central Asia have made conflict prevention the most important practical activity of the OSCE. Very soon after the division of Europe ended, the OSCE created original instruments and methods for reacting to tensions at the earliest possi- ble time. Its international presence can prevent escalation and contribute to peaceful solutions. Conflict prevention is always particularly effective when the underlying tensions do not become manifest and, hence, do not engage the awareness of the public at large. Half a decade after the end of the Cold War, Europe's security structures have still not been firmly established. International relations and the relevant security organizations are still in transition. One thing has become clear, however: today, security and stability can no longer rest on military factors alone but must also include political, economic and social dimensions. Over the long term, we will only have security and stability in Europe if we suc- ceed in eliminating the causes of tensions not just between countries but also within them - between citizens and their governments or between segments of the population. I personally regard the establishment of civil societies as one of the most im- portant ways of preventing conflicts at their roots. I am convinced that this will be one of the central tasks of the OSCE in the future. Civil societies are resistant to the new threats, which are growing in significance, such as ag- gressive nationalism, racism, intolerance and organized crime - threats which jeopardize human rights and cannot be dealt with by the resources of states alone. The problems we encounter are different from one country and region to another. But there is hardly a society which is not somehow affected by these new risks. This is a realm in which the OSCE, with its broad geograph- ic framework of cooperation, can continue to make a significant contribution in the future. 13 Wilhelm Höynck Preface* I'am pleased to present the first edition of an OSCE Yearbook to our readers. The publication of this Yearbook occurs at a time when we can celebrate the 20th anniversary of the signing of the Helsinki Final Act. In 1975 the Heads of State or Government of 35 European and North American states initiated the CSCE process. The Final Act has provided millions of people with hope for a better future and with the courage to stand up for their human rights and for liberty. This was the most important contribution of the CSCE process to a peaceful democratic change and to the overcoming of the bloc confronta- tion. Back in 1989, however, the CSCE States already realized that after the end of the East-West confrontation a pan-European security space would need new comprehensive security arrangements. Therefore the basis for a new, operative CSCE was created by the Charter of Paris in 1990. Twenty years after the signing of the Helsinki Final Act we must not restrict ourselves to a mere reflection of the past. We have to look into the future, at the tasks confronting the OSCE today as well as tomorrow. Europe and the whole OSCE area are facing serious challenges. During half a century the East-West conflict was the decisive factor of almost all our problems, starting with local conflicts up to questions of world economy. Now, however, we are confronted with a great number of conflicts and crises that are caused by a multitude of local or regional problems. How can we find answers to these new - and in many cases very old - questions? Which standard should be applied to decide what is important enough to involve the international community? These questions elude a uniform, general answer. We need spe- cific case-to-case-solutions. At the moment we are in the middle of a process of development and adjustment of the instruments and institutions, that are necessary to find such solutions. The OSCE is no exception to that rule. It is also still defining its role in the identification, prevention and overcoming of crises. Yet, crisis management actually is not the central task of the OSCE. The great political challenge nowadays rather is to create a new and perma- nent stability in the OSCE area as a whole.
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