Developing an effective legal regime for the holy sites presents many serious challenges. As history amply demonstrates, it cannot be dictated from outside by the United Nations or by other international actors or forums. Nor is it likely to arise spontaneously from within. Too many interest groups benefit from maintaining the status quo. Change must come from a merger of religious, cultural, nationalist, and international interests.

The negotiations over the creation of the regime will be challenging. The following reflects a suggestion on how to organize or structure the negotiations to create the regime, based upon the foregoing discussion of issues and the principles for civil discourse identified previously. We will begin by discussing the general issues of concern that must be addressed in designing the negotiations for the holy sites regime. We will then consider one possible scenario for such a negotiation, offering suggestions for the optimum design.

General Issues for Designing the Negotiation

The following represent issues that must be addressed in developing a plan for the negotiations. In many cases, they are interactive and interconnected such that the answers to questions raised in one area will impact the design for another.

Identify the Necessary Parties

The first task is to identify all the parties necessary to the negotiations and to the implementation of the regime. While it may not be necessary for all parties to participate in every meeting, all must feel included in the process.