Border Dispute Research Articles

Quo Vadis Consumer Dispute Resolution? UK & EU cross border consumer dispute resolution in the post Brexit landscape

The United Kingdom’s exit from the European Union challenges the existing framework for cross border consumer dispute resolution and exacerbates the negative effect of the EU’s harmonisation approach in this area. Both EU and UK consumers face an uncertain future after the transition period. This paper will analyse and evaluate key challenges to UK and EU consumer cross border dispute resolution after the transition period ended on 31 December 2020. The paper will consider procedural impediments to UK consumers enforcing consumer rights against EU/EEA traders as well as to EU consumers enforcing rights against UK traders. The paper will also consider the jurisdictional impact of UK’s status and its effect upon the reciprocal enforcement of consumer court judgments/ADR decisions between the EU and UK. Finally, the paper suggests that a Lugano+ approach would help to mitigate the impact of the impediments to effective consumer dispute resolution between EU and UK entities. In doing so, it first takes a preliminary look at the existing paradigm of cross border cooperation in consumer dispute resolution. The chapter also includes some thoughts on the normative clashes facing the creation of a new relationship in this area.

Impact of National Security Challenge in Development Prospect of South Asia

National security has always been viewed as a precondition for sustainable economic, political, and social development. Any sort of challenges or threats upon national security directly infringes the developmental course. South Asia, has been rampantly facing security-related challenges and obstructions as terrorism, counter-terrorism, militarization, and religious extremism, civil war, and border disputes. Such challenges have not only jeopardized the peace within the region but a seething unrest has been pounded in the development process. This paper primarily focuses on national security challenges faced by countries in South Asia. South Asian nations resort to increment of defense budget, militarization, border security, and struggle for nuclear power to address their security challenge. I have examined the impact of such response upon the course of development in this paper. This is a qualitative research and refers to secondary source of data which includes; books, journals, reports of reputed institutes and think tanks. The analysis finds that increasing militarization and defense budget has been abysmal to address national security threat in South Asia. South Asian nations can resort to bilateral talks and diplomatic measure to address their security threats. This will save larger economic resources which could be utilized for development prospect.

Military Diplomacy as A Soft Power Strategy: Nepal-India Relations since 2015

The military diplomacy has increasingly occupied a wider space in Nepal-India bilateral ties. It has been an effective soft power instrument to convey the message of alive relationship, to bond the ties stronger and to revive the strained relationships. Today, it has got a central place of political as well as public concern. Such glorious history of military diplomacy begins after the challenging official visit of Chief of Army Staff (CoAS) of Nepal to India in 2016 and successful role to revive the severely ruined Nepal-India relationships by ending the unofficial blockade of India imposed to Nepal. Later, it has been recertified considering the Indian Army (IA) Chief’s visit to Nepal in 2020 as an icebreaker visit to reset soured bilateral relationship between two immediate neighbors developed after a bitter boarder row dispute in Kalapani-Lipulekh-Limpiyadhura area. These instances produce a new sequence, value and significance of military diplomacy in contemporary Nepal-India ties and raise a question. Why and how the military diplomacy as a soft power strategy is a constructive and useful in diplomatic relation of two democratic states Nepal and India in the twenty-first century. This study answers this question through the secondary data interpretation observed in practices of military diplomacy employed between two states and analyses of them by linking to the concept of soft power thematically in qualitative style. For this, Indian unofficial blockade imposed upon Nepal and Kalapani-Lipulekh-Limpiyadhura territorial border dispute started since 2019 are two major issues of study. The study finds, the issue of economic blockade and boarder row produced during 2015-2021 are the main factors which shifted the Nepal-India ties into a new paradigm, expanded the role of military diplomacy in new heights and developed a new public trust upon the military performance as a soft power in diplomatic realm. To present this idea, the writing contains contextual and conceptual operations of military diplomacy, soft-power and realism in first part, detail account of practice of military diplomacy in middle part, and conclusion in last part.

Penyelesaian Sengketa Tapal Batas Antara Desa Jasri dengan Desa Perasi Melalui Upaya Mediasi

There are still many border disputes that occur in Bali, especially in Karangasem Regency, which involves two neighboring villages, namely the Jasri Traditional Village and the Perasi Traditional Village. This is based on legal uncertainty related to existing boundaries and also because of social factors between community relations that cause conflict problems. The purposes of this study are to reveal the factors that cause boundary disputes between Jasri Traditional Villages and Perasi Traditional Villages and to resolve border disputes between Jasri Traditional Villages and Perasi Traditional Villages. This research is an empirical legal research with a sociological approach. Data collection techniques were carried out by interview and literature study. Sources of legal materials used are primary and secondary legal sources. In analyzing the data, the researcher used flow model analysis techniques. The results of the study reveal that with the existence of Law Number 30 of 1999 concerning Arbitration, Permendagri Number 45 of 2016 concerning Guidelines for Establishing and Affirming Village Boundaries and Supreme Court Regulation Number 1 of 2016 concerning Mediation Procedures in Courts, both parties need to know so that their rights rights and obligations are not violated according to existing regulations.

Ethio-Sudan Relations፡ Critical Probe on the Post-2018 Dynamisms

There were no significant changes in the features, focus of national interest and foreign policy behaving in the relationship between Ethiopia and Sudan. Since the independence of Sudan in 1956, the relations of them were characterized by cooperation and conflict or friendship and hostility. Bewildering issues such as disputes over their common border, Nile water, and practices of implicit and explicit interventions are persistent. This article employed qualitative approach and narrative research design to provide analytical pictures regarding the dynamisms of Ethio-Sudan relations in Post-2018. The post-2018 relationship of Ethiopia and Sudan has three distinct phases and features. These are the period of friendship, hostility and normalization. Following Tigray People Liberation Front’s ouster in Addis Ababa; there was a warm and blooming relationship between the two countries. This was the first phase and in which Sudan’s political forces recognized Ethiopia to mediate their domestic political divergences. In the second and third phases (from 2020 onward), confrontational and normalization were the respective features their relationships. During the second phase, the internal vulnerabilities of Ethiopia encouraged Sudan to enhance its pressures on Ethiopia`s government. Sudan exacerbated row over the Grand Ethiopian Renaissance Dam, border disputes, as well as engaged in proxy conflict through anti–government groups. Sudan also put international pressures over Ethiopia including the declaration of the withdrawal of Ethiopia`s forces from Abyei Mission. The all-around pressures of Sudan on Ethiopia, the proactive-defensive diplomatic manoeuvring of Ethiopia and the involvement of the third bodies are the major points of the dynamism. Finally, the Nairobi Summit of 2022 was a watershed in the relationships of the two countries. Since this summit the intensified tension declined, and the normalization (third phase) process has started.

The effect of AUKUS on India’s foreign and defence policies

In September 2021, India greeted the news that Australia, the United Kingdom and the United States had formed ‘AUKUS’ – a security partnership focusing on the Indo-Pacific – coolly. This is despite it improving its diplomatic and security engagements with each of these countries since 2017, when Sino-India relations soured after an armed stand-off over a long-standing border dispute. New Delhi is particularly concerned that AUKUS may cause an increase in the number of nuclear-powered attack submarines operating in the eastern Indian Ocean from the 2030s onwards, an issue aggravated by the fact that the Indian Navy would like to acquire these types of vessels but currently does not have a clear plan to do so.

Ideological Influences on Intergroup Attitudes in the Context of The Hague Court Boundary Dispute between Peru and Chile

In the context of the border dispute presented by Peru against Chile in the The Hague Court, this study analyzes the influences of two ideological motivational dimensions: Right-Wing Authoritarianism (RWA) and Social Dominance Orientation (SDO) on a set of intergroup attitudes that involve both nations. To this end, a survey study of 196 Chileans and 223 Peruvians participants was conducted. The instruments used to measure ideology and political attitudes are the following ones: RWA Scale; SDO Scale; Scale of Intergroup attitudes between Chile-Peru and specific questions on interest in the Hague litigation and willingness to fight for one's country. The results show that in the Peruvian case attitudes of belligerence and alert and a greater willingness to fight for the country are better explained by the RWA, while in the Chilean case these same attitudes are explained both by the RWA as well as the SDO. On the other hand, pacificist attitudes are explained inversely by SDO in both countries. These findings support the hypothesis that intergroup dynamics between both countries have been marked by expressed actions of a Chilean expansionism versus a Peruvian vengefulness and suggest that equalitarianism will promote attitudes toward respect and cooperation between both groups, changing the frames of expansionism and vengefulness for one of a culture of peace.

The CIA in Ecuador

The CIA in Ecuador

The Struggle for Peace: The Anglo-American Relations from the War of 1812 to the Monroe Doctrine (1812-1823)

The article aims to analyze Anglo-American relations’ reconstruction from the end of the War of 1812 to the Monroe Doctrine declared in 1823. Based on this goal, the paper focuses on presenting Anglo-American relations related to American natives, negotiations to find solutions to border disputes and other issues; the re-building of trade relations interrupted by the War of 1812. The study applies sources such as monographs and treaties based on historical and logical methods. The results indicate three main issues to build peaceful relations between Great Britain and the United States in this period. First, overcoming the consequences of the War of 1812; Secondly, resolving disputes existing in relations between the two countries in the previous period; and lastly, developing trade relations between the two countries. The paper contributes to the study of Anglo-American relations and issues of American history in the mentioned period.

Editor's Note

Editor's Note

Waves Larger than Bilateral Relations. The Albanian Greek Maritime Border Dispute

The maritime border dispute is one of contentious issues between Albania and Greece as the delimitation of the continental shelf at the Ionian Sea has been of strategic priority for both countries. Bilateral relations hit rock bottom after the Constitutional Court of Albania nullified the initial agreement (2010), and it took more than a decade to (publicly) relaunch the process of having the maritime borders demarcated. A new agreement–even as a verdict by the International Court of Justice–would bear the parties with mutual benefits: Albania would avoid a possible veto over its EU accession from Greece, while Greece, amid growing tensions with Türkiye over the Aegean, would delimitate (and possibly extend) its maritime borders with Albania. The rivalry between Athens and Ankara over the East Mediterranean, the economic potentials (fossil fuels) of the sea as well as the race for influence in the Western Balkans supplement this border dispute with additional foreign policy perspectives that go beyond Albanian–Greek bilateral relations.

The commentatorial tradition of judicial proceedings on border disputes in the land law of Ancient Rome

The commentatorial tradition of judicial proceedings on border disputes in the land law of Ancient Rome

Comparison of Indian and Nepalese media on “Nepal's New Political Map”

AbstractA newly revised political map was published by the Nepalese government on May 20, 2020, which includes, as part of Nepali territory, the disputed areas of Lipulekh, Kalapani, and Limpiyadhura. The long‐existing border dispute between India and Nepal gets heated up again. Nepal considered the updated political map as a retaliation toward India and India considered it as a breach of the friendship line between the two countries. During this period, the media from both sides were engaged and the narrative that we find contradicts each other in many ways. This review article conducts a media analysis and present the different narratives that we found during these period.

Border Disputes in the African Great Lakes Region

Border Disputes in the African Great Lakes Region

РУССКАЯ ДИПЛОМАТИЯ НА БАЛКАНАХ: МИССИИ Я.Н. ОЗЕРЕЦКОВСКОГО И Е.П. КОВАЛЕВСКОГО

The paper is devoted to the activities of Russian officers and envoys of the St. Petersburg government during the reign of Bishop Petar II PetrovićNjegoš in Montenegro. Their arrival in Cetinje at that time was of great importance not only for strengthening Montenegrin-Russian relations, but also for settling the internal and external situation in Montenegro. The appointment of Lieutenant Colonel JakovNikolajevichOzereckovski took place immediately after Njegoš’s second visit to the Russian capital. Ozereckovski’s tasks were to study the social and economic situation in Montenegro as comprehensively as possible, as well as to contribute to the state reforms of Petar II Njegoš. Based on his reports, the Russian government decided to send a new envoy to Montenegro, a young captain and mining engineer YegorPetrovichKovaljevski. Although he failed to find the alleged traces of gold in the river Zlatica, Kovaljevski nevertheless unexpectedly found himself in the role of a talented negotiator during the Montenegrin-Austrian border dispute, and his actions contributed to the successful resolution of the conflict.

From Security Provider to a Security Risk?

This paper aims to offer an overview of a unique and decade-long Ethiopian peacekeeping deployment in Abyei, where Ethiopian contingents comprise almost the entire force, where the deployment ended in an ungraceful manner because of disapproval from the government of Sudan. The paper reveals that the Tigray conflict which resulted in the desertion of the Ethiopian peacekeepers and Egyptian pressure on Sudan because of the GERD have contributed to the withdrawal of Ethiopian peacekeepers and the Ethiopia–Sudan border dispute brought a dark shadow on their relations in addition to the disruption of the peacekeeping deployment. The paper concludes that unless Ethiopia makes a progress on internal stability and reboots its relations with its neighbours, Ethiopia’s role as a peace mediator and peacekeeper in the region becomes an ignominy.

РУССКАЯ ДИПЛОМАТИЯ НА БАЛКАНАХ: МИССИИ Я.Н. ОЗЕРЕЦКОВСКОГО И Е.П. КОВАЛЕВСКОГО В ЧЕРНОГОРИИ (1837 - 1838). ЧАСТЬ 2

The paper is devoted to the activities of Russian officers and envoys of the St. Petersburg government during the reign of Bishop Petar II Petrović Njegoš in Montenegro. Their arrival in Cetinje at that time was of great importance not only for strengthening Montenegrin-Russian relations, but also for settling the internal and external situation in Montenegro. The appointment of Lieutenant Colonel Jakov Nikolajevich Ozereckovski took place immediately after Njegoš’s second visit to the Russian capital. Ozereckovski’s tasks were to study the social and economic situation in Montenegro as comprehensively as possible, as well as to contribute to the state reforms of Petar II Njegoš. Based on his reports, the Russian government decided to send a new envoy to Montenegro, a young captain and mining engineer Yegor Petrovich Kovaljevski. Although he failed to find the alleged traces of gold in the river Zlatica, Kovaljevski nevertheless unexpectedly found himself in the role of a talented negotiator during the Montenegrin-Austrian border dispute, and his actions contributed to the successful resolution of the conflict.

ЦАРЬ ФЕДОР ИОАННОВИЧ О ЛАПЛАНДСКОМ ВОПРОСЕ В ПОГРАНИЧНОМ СПОРЕ МЕЖДУ РОССИЕЙ И ДАТСКО-НОРВЕЖСКИМ ГОСУДАРСТВОМ (НА ПРИМЕРЕ ЦАРСКОЙ ГРАМОТЫ ДАТСКОМУ КОРОЛЮ ФРЕДЕРИКУ II ОТ МАРТА 1586 ГОДА)

The article is devoted to the correspondence of Tsar Fyodor Ivanovich with the King of Denmark-Norway Frederick II on the Lapland issue, a major border dispute on the delimitation of the territories of European Arctic. In this paper, the author examines the system of the argumentation of the Russian power in the Lapland dispute on the example of the tsar’s letter of March 1586, as well as the point of view of the Danish government on various issues related to the Lapland dispute in the Russian-Danish diplomatic relations.

China-India Border Dispute: Lack of Standard for Border Negotiations

중국은 14개의 국가와 육상국경을 맞대고 있다. 건국 이후 중국은 크고작은 국경 분쟁을 겪었고, 1960년대와 1990년대 집중적으로 국경조약을통해 국경을 획정했다. 그러나 인도와는 국경조약을 맺지 못하고 지금까지 분쟁을 겪고 있다. 기존 연구들은 중국과 인도의 국경분쟁이 생긴 원인들에 대해 집중적으로 논의하였다. 본 논문은 분쟁이 해결되지 않은 원인에 주목한다. 아편전쟁 이후 청나라는 서구 열강들과 불평등 조약을 맺고영토를 할양할 수밖에 없었다. 건국 이후 중국은 이러한 불평등 조약들이무효라고 선언하였다. 그러나 실제로 국경을 획정할 때에는 판단의 기준이 필요했다. 그리하여 과거 맺은 불평등 조약들을 수용하여 국경을 획정하였다. 그러나 인도와는 그러한 근거들이 모호했다. 심라조약은 인도의 식민 당국과 티베트가 맺은 조약이고 청 정부는 서명을 거부했다. 서쪽지역은 열강들과 조약을 맺은 것도 아니고 인도 식민당국이 지도에 그은 선만 남아 있었다. 1959년 달라이 라마가 인도로 망명한 이후 중국은 국경획정 필요성을 느꼈고, 심라 회의 유산인 맥마흔 라인을 인정하겠다는 태도를 보였다. 대신 인도가 영유권을 주장하는 잠무 카슈미르의 악사이친지역을 인도가 양도하기를 바랬다. 악사이친은 사람이 살지 않는 황무지에 불과하지만 티베트와 신장을 잇는 유일한 도로가 지나가는 곳이기 때문이다. 그러나 인도의 거부로 분쟁이 해결되지 않았다. 그러므로 중국 인도 국경분쟁의 가장 근본적인 요인은 바로 국경협정의 기준이 존재하지않는다는 것이다. 그 외에 분쟁지역의 면적, 분쟁지역의 중요성, 양국의 민족주의, 대국의식은 설명력이 부족하다.

Inter State Border Disputes in North East Region of India: Special focus on Assam and its Bordering States

Inter State Border Disputes in North East Region of India: Special focus on Assam and its Bordering States