Strategic selection: Political and legal mechanisms of territorial dispute resolution

被引:16
|
作者
Powell, Emilia Justyna [1 ]
Wiegand, Krista E. [2 ]
机构
[1] Notre Dame Univ, Dept Polit Sci, Fremantle, WA 6959, Australia
[2] Georgia So Univ, Dept Polit Sci, Statesboro, GA 30460 USA
关键词
adjudication; conflict management; past experience; rule-of-law; territorial disputes; INTERNATIONAL INSTITUTIONS; CONFLICT-MANAGEMENT; PEACEFUL ATTEMPTS; LAW; DEMOCRACY; PURSUIT; COURT; RULE; WAR;
D O I
10.1177/0022343313508969
中图分类号
D81 [国际关系];
学科分类号
030207 ;
摘要
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 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. Rule-of-law based arguments cannot fully explain states' behavior towards arbitration and adjudication. It is the interplay of both of these mechanisms that explains the strategic choices made by states with regards to arbitration and adjudication. We explain why some high rule-of-law states return to binding methods, while others turn to different forums, and why low rule-of-law states consider binding methods. Empirical analyses of all attempts at peaceful resolution of territorial disputes from 1985 to 2006 show that high rule-of-law states are more likely to return to international binding venues only if they have a positive experience with these methods. On the other hand, we find that low rule-of-law states are not concerned with their record of successes/failures when resorting to international binding venues. Overall, the effect of regime type/rule-of-law is conditioned by past successes and failures in international resolution venues.
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页码:361 / 374
页数:14
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