The Peaceful Resolution of Territorial and Maritime Disputes

Emilia Justyna Powell, Krista E. Wiegand (Autoren)

Buch | Hardcover

288 Seiten

2023
Oxford University Press Inc (Verlag)
978-0-19-767564-9 (ISBN)

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This book is about the peaceful resolution (PR) of territorial and maritime disputes and states' strategic behavior vis-à-vis methods of peaceful resolution: bilateral negotiations, good offices, inquiry, conciliation, mediation, arbitration, and adjudication. The authors argue that the high stakes associated with settlement of territorial and maritime disputes, the diversity of PR methods employed, and unpredictability of outcomes push states to strategize. Strategic considerations undergird states' choice of the particular PR methods, and states' behavior during the resolution once a particular method such as adjudication or negotiations, has been initiated. Uncertainty about the outcome drives states to pursue "strategic selection." The process of strategic selection occurs at two interrelated stages: the initial pursuit of a particular method and venue--choice-of-venue strategic selection, and decision-making once a PR method/venue has been identified--within-venue strategic selection. The driving force behind strategizing in these two settlement stages is the hope of reducing uncertainty and of increasing the chances of winning. Importantly, as the disputants progress through the settlement process, states reconsider and refine these strategies.

For each stage of strategic selection, Powell and Wiegand identify several mechanisms that influence states' strategies, including past experiences with PR methods (winning/losing), the relationship between domestic law and international law, framing legal claims, and shaping the resolution procedures. This book embraces a multi-method approach and combines statistical analyses and in-depth qualitative interviews with states' legal counsel, judges, arbitrators, government officials, and other experts from multiple countries. The book also highlights numerous real-world instances of territorial and maritime disputes including the Philippines v. China arbitration case in the South China dispute.

Emilia Justyna Powell, PhD is Professor of Political Science and Concurrent Professor of Law at the University of Notre Dame. She has written extensively on international law, international dispute resolution, and the Islamic legal tradition. Krista E. Wiegand, PhD is Director of Global Security at the Howard H. Baker Jr. Center for Public Policy and Professor of Political Science at the University of Tennessee. Wiegand specializes in international conflict management and political violence, territorial and maritime disputes, mediation, rebel group violence, and East Asian security.

List of Tables
List of Figures

Ch. 1 Introduction
Ch. 2 Peaceful Settlement of Disputes in International Law
Ch. 3 A Theory of Strategic Selection: Choice-of-Venue
Ch. 4 A Theory of Strategic Selection: Within-Venue
Ch. 5 Research Design and Trends in Territorial and Maritime Disputes
Ch. 6 Testing Choice-of-Venue Strategic Selection
Ch. 7 Application of Within-Venue Strategic Selection
Ch. 8 Conclusions

References
Index

Erscheinungsdatum	27.05.2023
Verlagsort	New York
Sprache	englisch
Maße	238 x 162 mm
Gewicht	531 g
Themenwelt	Recht / Steuern ► EU / Internationales Recht
Themenwelt	Sozialwissenschaften ► Politik / Verwaltung ► Europäische / Internationale Politik
ISBN-10	0-19-767564-6 / 0197675646
ISBN-13	978-0-19-767564-9 / 9780197675649
Zustand	Neuware