Law and the Use of Force in World Politics: The Varied Effects of Law on the Exercise of Military Power in Territorial Disputes

Abstract

In this paper, we investigate how international law shapes leaders' decisions regarding the use of force in the context of territorial disputes. We argue that if the legal principles relevant to the dispute are capable of suggesting a focal point, international law will have a powerful role to play in informing leader behavior. Specifically, if a focal point exists, the state that it favors will avoid using force and prefer negotiations when considering an initial challenge to the status quo. However, we expect focal points to have the opposite effect once states are involved in a militarized dispute. Under these circumstances, the state with a legal advantage will be more likely to escalate the level of military force. Using a series of statistical tests, we find strong support for our theoretical argument.