Territorial Dispute

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Krista E. Wiegand - One of the best experts on this subject based on the ideXlab platform.

  • strategic selection political and legal mechanisms of Territorial Dispute resolution
    Journal of Peace Research, 2014
    Co-Authors: Emilia Justyna Powell, Krista E. Wiegand
    Abstract:

    States involved in Territorial Disputes have several options with regard to resolving their Disputes. What types of states are more likely to resort to legal methods of peaceful resolution in attem...

  • bahrain qatar and the hawar islands resolution of a gulf Territorial Dispute
    Middle East Journal, 2012
    Co-Authors: Krista E. Wiegand
    Abstract:

    The Hawar Islands Dispute, resolved in 2001, is the only Territorial Dispute between two Arab states that has been resolved by the International Court of Justice (ICJ). Several factors played a role in influencing Qatar and Bahrain to resolve their Dispute at the ICJ: 1) the inability of Arab states and the Gulf Cooperation Council (GCC) to mediate the Dispute, 2) incentives for significant oil and natural gas reserves, and 3) incentives for bilateral and regional cooperation on salient issues between the two states. Both states have benefited significantly since the resolution of the Dispute.

  • Territorial Dispute settlement attempts as domestic diversion
    Social Science Research Network, 2011
    Co-Authors: Krista E. Wiegand
    Abstract:

    Why do leaders of states involved in Territorial Disputes attempt settlement in some cases and at some times, but not in other cases or other times? The purpose of this study is to provide an explanation for the timing of settlement attempts by applying the theory of domestic diversion. Building from the idea in diversionary force theory that leaders pursue international events to divert attention from domestic problems, this study questions the assumption that such diversion can only be pursued through force, and instead suggests that leaders of states involved in Territorial Disputes in particular can use peaceful settlement attempts (negotiation, mediation, etc.) to divert attention from domestic problems. Since Disputed territory is generally the most salient issue for states and their populaces, leaders of challenger states can divert attention away from domestic problems by attempting to (re)acquire Disputed territory, while mobilizing support for the government. This study examines data of all Territorial Disputes from 1945-2007. The major findings show that less severe domestic political vulnerability does make settlement attempts more likely, while more severe political vulnerability makes settlement attempts less likely. Economic vulnerability does not have any influence on settlement attempts.

  • strategic selection political and legal mechanisms of Territorial Dispute resolution
    Social Science Research Network, 2011
    Co-Authors: Emilia Justyna Powell, Krista E. Wiegand
    Abstract:

    What types of states are more likely to resort to legal methods of peaceful resolution in attempting to resolve their Territorial Disputes? We posit that two separate mechanisms affect states’ decisions to choose legal methods of peaceful resolution: the legal mechanism – domestic rule of law and the political mechanism – win/loss record. The interplay of both of these mechanisms explains strategic choices made by states with regards to arbitration and adjudication. Empirical analysis of all attempts at peaceful resolution of Territorial Disputes from 1985-2006 shows that states are more likely to return to international legal venues if they have a positive experience with these methods. However, a positive win/loss record matters more for rule-of-law challenger states. These states will still consider resorting to legal venues even after having lost in these venues. Low rule-of-law states, on the other hand, exhibit moderate enthusiasm toward legal methods of peaceful resolution even with a positive win/loss record. These states are also very unlikely to resort to arbitration and adjudication after having suffered a Territorial loss in international legal venues.

  • past experience and methods of Territorial Dispute resolution
    Social Science Research Network, 2009
    Co-Authors: Krista E. Wiegand, Emilia Justyna Powell
    Abstract:

    Does past win/loss record impact states’ subsequent choices of peaceful Dispute resolution methods? We present a theory that portrays peaceful resolution of Disputes as an effect of strategic forum shopping. During the process of decision making, each state strategically chooses between several forums; its final choice of a method is strongly based on the state’s past experience with this particular method. Empirical analysis of all attempts at peaceful resolution of Territorial Disputes from 1945-2003 shows that states use their record of victories and failures as an indicator of the probability of winning in a subsequent Dispute. In general however, the link between past experience and choice of a resolution method follows different patterns for challenger and target states. For example, past win/loss record matters most for the challenger states that want to repeatedly resort to binding methods of peaceful resolution – arbitration and adjudication. Target states, on the other hand, place greatest trust in their experience with nonbinding third party methods.

Emilia Justyna Powell - One of the best experts on this subject based on the ideXlab platform.

  • strategic selection political and legal mechanisms of Territorial Dispute resolution
    Journal of Peace Research, 2014
    Co-Authors: Emilia Justyna Powell, Krista E. Wiegand
    Abstract:

    States involved in Territorial Disputes have several options with regard to resolving their Disputes. What types of states are more likely to resort to legal methods of peaceful resolution in attem...

  • strategic selection political and legal mechanisms of Territorial Dispute resolution
    Social Science Research Network, 2011
    Co-Authors: Emilia Justyna Powell, Krista E. Wiegand
    Abstract:

    What types of states are more likely to resort to legal methods of peaceful resolution in attempting to resolve their Territorial Disputes? We posit that two separate mechanisms affect states’ decisions to choose legal methods of peaceful resolution: the legal mechanism – domestic rule of law and the political mechanism – win/loss record. The interplay of both of these mechanisms explains strategic choices made by states with regards to arbitration and adjudication. Empirical analysis of all attempts at peaceful resolution of Territorial Disputes from 1985-2006 shows that states are more likely to return to international legal venues if they have a positive experience with these methods. However, a positive win/loss record matters more for rule-of-law challenger states. These states will still consider resorting to legal venues even after having lost in these venues. Low rule-of-law states, on the other hand, exhibit moderate enthusiasm toward legal methods of peaceful resolution even with a positive win/loss record. These states are also very unlikely to resort to arbitration and adjudication after having suffered a Territorial loss in international legal venues.

  • past experience and methods of Territorial Dispute resolution
    Social Science Research Network, 2009
    Co-Authors: Krista E. Wiegand, Emilia Justyna Powell
    Abstract:

    Does past win/loss record impact states’ subsequent choices of peaceful Dispute resolution methods? We present a theory that portrays peaceful resolution of Disputes as an effect of strategic forum shopping. During the process of decision making, each state strategically chooses between several forums; its final choice of a method is strongly based on the state’s past experience with this particular method. Empirical analysis of all attempts at peaceful resolution of Territorial Disputes from 1945-2003 shows that states use their record of victories and failures as an indicator of the probability of winning in a subsequent Dispute. In general however, the link between past experience and choice of a resolution method follows different patterns for challenger and target states. For example, past win/loss record matters most for the challenger states that want to repeatedly resort to binding methods of peaceful resolution – arbitration and adjudication. Target states, on the other hand, place greatest trust in their experience with nonbinding third party methods.

Alexander Lukin - One of the best experts on this subject based on the ideXlab platform.

Hendra Manurung - One of the best experts on this subject based on the ideXlab platform.

  • south china sea Territorial Dispute a lesson for association of south east asian nations asean
    Social Science Research Network, 2017
    Co-Authors: Hendra Manurung
    Abstract:

    This paper attempts to elaborate a milestone document between ASEAN and China in 2002, the Declaration on the Conduct of Parties in the South China Sea (DOC) which has not fulfilled its mission in building mutual trust between claimant states and preventing the potential Dispute from escalating conflict and arms race. It has merely played the role of imposing moral constraints on relevant parties. Some could argue, it has at least served as both a reference point when problems and tensions emerged and the grounds for negotiations of a formal code of conduct (COC), which has been approved on ASEAN 50th Anniversary in Manila, Philippines on 6 August 2017. Therefore, ASEAN countries and China must apply the code in South China Sea. It is important for all the participating parties to address the loopholes of the DOC when they discuss and negotiate the COC. Most discourse on the South China Sea Disputes is understandably laden with emotion. That is arguably a reason why debate on the subject should be based on facts.

Alexander Bukh - One of the best experts on this subject based on the ideXlab platform.

  • korean national identity civic activism and the dokdo takeshima Territorial Dispute
    The Journal of Asian Security & International Affairs, 2016
    Co-Authors: Alexander Bukh
    Abstract:

    This article joins the debate on the Territorial Dispute between South Korea and Japan over the Dokdo/Takeshima islets. The extant literature tends to attribute the continuous importance of the dis...

  • shimane prefecture tokyo and the Territorial Dispute over dokdo takeshima regional and national identities in japan
    Pacific Review, 2015
    Co-Authors: Alexander Bukh
    Abstract:

    AbstractThis paper joins the debate on Japan's Territorial Dispute with South Korea over the Dokdo/Takeshima islets. Informed by the ontological security framework of analysis, this paper seeks to explain the decision to adopt the ‘Takeshima Day’ ordinance by the Shimane Prefectural Assembly and the subsequent ascendance of ‘Takeshima’ to the fore of Japan's identity construction vis-a-vis the Korean ‘other’. In this paper, I distinguish between two processes: one that led to the adoption of the ordinance and another that resulted in the entrenchment of ‘Takeshima’ in Japan's identity construction vis-a-vis the Korean ‘other’. The paper argues that the former process should be understood within the context of Shimane Prefecture's distinct identity construction vis-a-vis Tokyo, while the latter can be attributed to recent changes in Japan–Korea relations unrelated to the Territorial Dispute per se.