International Rivalry, Territorial Disputes, and Peaceful Dispute Resolution

2021 ◽  
pp. 199-219
Author(s):  
William R. Thompson ◽  
Kentaro Sakuwa ◽  
Prashant Hosur Suhas
Author(s):  
Krista E. Wiegand

Despite the decline in interstate wars, there remain dozens of interstate disputes that could erupt into diplomatic crises and evolve into military escalation. By far the most difficult interstate dispute that exists are territorial disputes, followed by maritime and river boundary disputes. These disputes are not only costly for the states involved, but also potentially dangerous for states in the region and allies of disputant states who could become entrapped in armed conflicts. Fortunately, though many disputes remain unresolved and some disputes endure for decades or more than a century, many other disputes are peacefully resolved through conflict management tools. Understanding the factors that influence conflict management—the means by which governments decide their foreign policy strategies relating to interstate disputes and civil conflicts—is critical to policy makers and scholars interested in the peaceful resolution of such disputes. Though conflict management of territorial and maritime disputes can include a spectrum of management tools, including use of force, most conflict management tools are peaceful, involving direct bilateral negotiations between the disputant states, non-binding third party mediation, or binding legal dispute resolution. Governments most often attempt the most direct dispute resolution method, which is bilateral negotiations, but often, such negotiations break down due to uncompromising positions of the disputing states, leading governments to turn to other resolution methods. There are pros and cons of each of the dispute resolution methods and certain factors will influence the decisions that governments make about the management of their territorial and maritime disputes. Overall, the peaceful resolution of territorial and maritime disputes is an important but complicated issue for states both directly involved and indirectly affected by the persistence of such disputes.


Author(s):  
Emilia Justyna Powell

This chapter examines Islamic law states’ decisions to use international conflict management venues in the context of territorial disputes (1945–2012). The dissonance between Islamic law and international law is particularly apparent in the context of territorial claims, because Islamic notions of land ownership and territorial sovereignty are religious in nature. Not all ILS approach international conflict management in the same way. Secular—or rather shared—legal features, such as the presence of a secular court system and constitutional mentions of peaceful resolution of disputes, have the power to attract such ILS to legal approaches—arbitration and adjudication. In contrast, mediation and conciliation are most appealing to those ILS whose legal systems are deeply infused with traditional Islamic precepts. Such states are morally committed to these procedures. In an important way, there is a synergy between norms of traditional Islamic dispute resolution and international non-binding third-party mechanisms.


2015 ◽  
Vol 69 (4) ◽  
pp. 777-807 ◽  
Author(s):  
Emilia Justyna Powell

AbstractThis article argues that specific characteristics of the domestic legal institutions of Islamic law states shape these states' choices of peaceful resolution methods in territorial disputes. After providing original data on the characteristics of Islamic legal structures, I systematically compare pertinent rules of international dispute resolution methods and Islamic law. I demonstrate empirically that not all Islamic law states view international settlement venues in the same way. Secular legal features, such as constitutional mentions of education, supreme court, or peaceful settlement of disputes have the power to attract these states to the most formal international venues—arbitration and adjudication. On the other hand, Islamic law states whose legal system is infused with Islamic religious precepts are attracted to less-formalized venues.


2007 ◽  
Vol 31 (3) ◽  
pp. 107-138 ◽  
Author(s):  
Ron E. Hassner

Why do territorial disputes become more difficult to resolve over time? Why are states often unable to resolve long-standing territorial disputes over land that is of little strategic or economic value? One explanation for territorial dispute entrenchment draws on changes in dispute perception. Specifically, as territorial disputes mature they undergo processes that increase the integrity of the disputed territory, clarify the definition of the territory's boundaries, and make it more difficult to find substitutes for the territory. Territorial dispute resolution is both stochastic and exogenous to the entrenchment process and thus impossible to predict. It is possible, however, to forecast ex ante the degree to which young territorial disputes are likely to resist resolution efforts in the future based on two variables: perceptions of a territory's integrity, boundaries, and value at the outset of the dispute, and physical constraints on expansion and settlement into the territory.


2018 ◽  
Vol 38 (1) ◽  
pp. 57-74 ◽  
Author(s):  
Zahid Shahab Ahmed ◽  
Farooq Yousaf

Relations between Pakistan and Afghanistan have mostly been hostile since 1947. The animosity has grown in complexity from various territorial disputes to frequent allegations of cross-border terrorism in the post-9/11 era. This article first makes a case for involving Jirgas, a traditional dispute resolution mechanism among Pashtuns, for improving peace dialogues between both countries. It presents evidence of the traditional acceptability of Jirgas by Pashtuns on both sides of the border and assesses previous official bilateral attempts of using Jirgas. It then proceeds to propose some new policy recommendations focused on national reconstruction of Afghanistan, which include involvement of the Taliban as an important local stakeholder. The dual key argument then becomes, first, that since Jirgas have long-standing local legitimacy and acceptability both in Afghanistan and Pakistan, using the strength of their social recognition would allow higher-level bilateral negotiations between the neighbours, enhancing the effectiveness of new and locally more credible forms of multi-track diplomacy. Second, reinvigorating the Jirga system would allow the Afghan people themselves to engage in fuller multi-dimensional debates on sustainable modalities for their own future, on terms to be set by them, not outsiders.


2004 ◽  
Vol 89 (2) ◽  
pp. 369-376 ◽  
Author(s):  
Ray Friedman ◽  
Cameron Anderson ◽  
Jeanne Brett ◽  
Mara Olekalns ◽  
Nathan Goates ◽  
...  

2003 ◽  
Author(s):  
Nicholas M. Pace ◽  
Robert T. Reville ◽  
Lionel Galway ◽  
Amanda B. Geller ◽  
Oria Hayden ◽  
...  

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