Conflict Management in Land, River, and Maritime Claims

2017 ◽  
Vol 7 (1) ◽  
pp. 43-61 ◽  
Author(s):  
Andrew P. Owsiak ◽  
Sara McLaughlin Mitchell

Why do disputants favor some conflict management strategies when managing certain territorial claim types—land, river, or maritime—but not others? We propose that state interests—defined via claim characteristics and interdependence—and transaction costs (i.e., the challenges associated with aggregating state preferences over outcomes) differ across claim types. These differences then incentivize states to cede varying levels of control over claim management, ultimately encouraging them to prioritize and institutionalize certain conflict management strategies when managing particular types of territorial claims. More specifically, we theorize and find that states pursue distinct management strategies when addressing their land (informal; bilateral negotiations and arbitration), river (more formal; third-party non-binding), and maritime claims (most formal; multilateral negotiations and legal processes).

2009 ◽  
Vol 26 (2) ◽  
pp. 144-163 ◽  
Author(s):  
Megan Shannon

I explore whether international organizations (IOs) promote peaceful conflict management. Using territorial claims data, I find that organizations with interventionist capabilities encourage disputing members to attempt peaceful conflict resolution. Then, to more fully uncover the causal relationship between IOs and conflict management, I investigate the influence of IOs on bilateral dispute settlement separately from third party settlement.The analyses reveal that institutions do not promote bilateral negotiations between members, indicating that the socialization and trust-building capabilities of IOs are limited. However, institutions foster multilateral talks, demonstrating that IOs broker bargaining with third party diplomatic intervention.


2020 ◽  
Author(s):  
Glynn Ellis ◽  
Sara McLaughlin Mitchell ◽  
Brandon C Prins

Some studies find that democratic states are more amenable to third party forms of conflict management, while other studies indicate that democracies are able to resolve contentious issues on their own through bilateral negotiations. Using data from the Issue Correlates of War (ICOW) Project, the authors investigate peaceful and militarized conflict management strategies that democratic states employ to resolve contentious issues. Theoretically, the authors focus on how militarized conflict history, relative capabilities, and issue salience influence the tools of conflict management that democratic states employ. Empirical analyses suggest that democratic dyads employ bilateral negotiations more often to resolve contentious issues when the issue has been militarized previously, when the issue is more salient, and when they are facing an equal adversary. Democratic dyads seek out non-binding third party settlement more frequently in situations of power preponderance than non-democratic dyads, although binding forms of third party settlement occur most often in relatively equal democratic dyads. Pairs of democracies are more likely to employ militarized conflict management strategies when they have resorted to force over the issue previously, when the issue is highly salient, and when they are evenly matched.


2019 ◽  
Vol 33 (1) ◽  
pp. 90-113 ◽  
Author(s):  
Hong Qiu ◽  
Mark Freel

This review examines how family businesses manage family-related conflicts that occur at three interfaces: family-business, family-ownership, and family-business-ownership. We find that work-family conflicts, conflicts of interest, and relationship conflicts are prevalent family-related conflicts. Four conflict management strategies are frequently used to deal with these conflicts: vacillation, domination, separation, and third-party intervention. The popularity of these strategies is influenced by some unique characteristics of family businesses, such as high emotional attachment among family members. By integrating insights from the broader conflict research, paradox and dialectic studies, we develop a research agenda targeted at better connecting family-related conflicts to conflict management strategies.


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.


2017 ◽  
Vol 27 (4) ◽  
pp. 237-254 ◽  
Author(s):  
Carlo Morselli ◽  
David Décary-Hétu ◽  
Masarah Paquet-Clouston ◽  
Judith Aldridge

Illegal drug markets have been described as “stateless” systems. Drug dealers, moreover, are commonly considered to have a predilection toward the use of violence to resolve disputes arising from dealing activities. While some studies have undermined this popular perception, new trends surrounding the distribution of illegal drugs via online channels (drug cryptomarkets) have shifted the transactional setting from the physical to virtual realm, thus decreasing the likelihood of violent resolution outcomes even further. This article examines conflict management strategies within cryptomarkets by coding discussion forums between vendors and buyers. Violence, as expected, is absent. Strategies more likely reflect alternatives that have been recognized in conflict management research within and beyond illegal market settings: tolerance, avoidance, ostracism, third-party intervention, negotiation, and threats. The overall setting from which such resolutions emerge is clearly not subject to formal regulations, but our analyses illustrate the multitude of informal social control mechanisms that are consistently at play and which underlie the self-regulatory and communal processes that are firmly in place.


Author(s):  
Patricia Elgoibar ◽  
Martin Euwema ◽  
Lourdes Munduate

Conflicts are part of nature and certainly part of human relations, between individuals, as well as within and between groups. Conflicts occur in every domain of life: family, work, and society, local and global. Conflict management, therefore, is an essential competency for each person. People differ largely in their emotional and behavioral responses to conflict and need to learn how to behave effectively in different conflict situations. This requires a contingency approach, first assessing the conflict situation, and then choosing a strategy, matching the goals of the party. In most situations, fostering cooperative relations will be most beneficial; however, this is also most challenging. Therefore, constructive conflict management strategies, including trust building and methods of constructive controversy, are emphasized. Conflict management, however, is broader than the interaction of the conflicting parties. Third-party interventions are an essential element of constructive conflict management, particularly the assessment of which parties are intervening in what ways at what escalation stage.


Sign in / Sign up

Export Citation Format

Share Document