The Peaceful Resolution of Territorial and Maritime Disputes

Abstract

Abstract The Peaceful Resolution of Territorial and Maritime Disputes examines states’ strategic behavior in pursuing methods of peaceful resolution, ranging from negotiations through mediation to international courts. The book investigates how the high stakes associated with settlement of territorial and maritime disputes and the unpredictability of outcomes push states to pursue “strategic selection” and forum shopping. The process of strategic selection occurs at two interrelated stages: the initial pursuit of a particular method and venue—choice-of-venue, and decision-making in the context of the chosen venue—within-venue. The driving force behind strategizing is the hope of reducing uncertainty and of increasing the chances of winning. As the disputants progress through the settlement process, states reconsider and refine these strategies. Several mechanisms influence states’ strategies: past experience with resolution methods (winning/losing), the relationship between domestic law and international law, framing legal claims, and shaping the resolution procedures. This book embraces a multimethod 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.