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Of all the issues in international relations, disputes over territory are the most salient and most likely to lead to armed conflict. In this study, Krista E. Wiegand examines why some states are willing and able to settle territorial disputes while others are not.
Prompted by the de facto secession of Crimea in early 2014, Law, Territory and Conflict Resolution explores the role of law in territorial disputes, and therefore sheds light on the legal ‘realities’ in territorial conflicts. Seventeen scholars with backgrounds in comparative constitutional law and international law critically reflect on the well-established assumption that law is ‘part of the solution’ in territorial conflicts and ask whether the law cannot equally be ‘part of the problem’. The volume examines theory, practice, legislation and jurisprudence from various case studies, thus offering further insights on the following complex issue: can law act as an effective instrument for the governance of territorial disputes and conflicts?
This book examines the problems of boundary demarcation and its impact on territorial disputes, and offers techniques to manage and resolve the resulting conflicts. Historically, most civil conflicts and internal wars have been directly related to boundary or territorial disputes. Cross-border discord directly affects the sustenance and welfare of local populations, often resulting in disease, impoverishment, and environmental damage as well as creating refugees. Although the impact of territorial disputes is great, they can often be settled through bilateral, and sometimes multilateral, agreements or international arbitration. This book sets out to probe into the problems of existing techniques on boundary demarcation and to test their possible impacts on boundary and territorial disputes. Various factors and their influences on cross-border tensions are tested, either qualitatively or quantitatively. After close examination of dozens of the most significant cases, the book presents various alternative solutions to the achievement of cross-border cooperation in disputed territories. An ‘art of avoiding war’ is included within the book, comprising six key schemes and five negotiating techniques. The comparative advantages, costs and benefits of each of these is analyzed and evaluated. This book will help guide practitioners in territorial disputes and will be of interest to students of conflict management, international security, peace and conflict studies, political violence and IR in general.
As China emerges as an international economic and military power, the world waits to see how the nation will assert itself globally. Yet, as M. Taylor Fravel shows in Strong Borders, Secure Nation, concerns that China might be prone to violent conflict over territory are overstated. The first comprehensive study of China's territorial disputes, Strong Borders, Secure Nation contends that China over the past sixty years has been more likely to compromise in these conflicts with its Asian neighbors and less likely to use force than many scholars or analysts might expect. By developing theories of cooperation and escalation in territorial disputes, Fravel explains China's willingness to either compromise or use force. When faced with internal threats to regime security, especially ethnic rebellion, China has been willing to offer concessions in exchange for assistance that strengthens the state's control over its territory and people. By contrast, China has used force to halt or reverse decline in its bargaining power in disputes with its militarily most powerful neighbors or in disputes where it has controlled none of the land being contested. Drawing on a rich array of previously unexamined Chinese language sources, Strong Borders, Secure Nation offers a compelling account of China's foreign policy on one of the most volatile issues in international relations.
Territorial disputes remain a significant source of tension in international relations, representing an important share of interstate cases brought before international tribunals and courts. Analysing the international law applicable to the assessment of territorial claims and the settlement of related disputes, this Research Handbook provides a systematic exposition and in-depth discussions of the relevant key concepts, principles, rules, and techniques. Combining extensive knowledge from across international law, Marcelo Kohen and Mamadou Hébié expertly unite a multinational group of contributors to provide a go-to resource for the settlement of territorial disputes. The different chapters discuss the process through which states establish sovereignty over a territory, and review the different titles of territorial sovereignty, the relation between titles and effectivités, as well as the relevance of state conduct. Select chapters focus on the impact of foundational principles of international law such as the principle of territorial integrity, the right of self-determination and the prohibition of the threat or use of force, on territorial disputes. Finally, technical rules that are crucial for the assessment of territorial claims, especially the techniques of intertemporal law and critical date, as well as evidentiary rules, are presented. An essential resource for practitioners, international law academics and public officials including judges and arbitrators, this Research Handbook is a highly original collection of scholarship and research on territorial disputes and their settlement. Contributors include: M.J. Aznar, T. Christakis, A. Constantinides, K. Del Mar, G. Distefano, M. Hébié, P. Klein, M. Kohen, V. Koutroulis, S. Lee, G. Nesi, K. Parlett
An easily accessible and comprehensive study of the International Court of Justice, this book succinctly explains all aspects of the world's most important court, including an overview of its composition and operation, jurisdiction, procedure, and the nature and impact of its judgments.
Through an examination of 129 territorial disputes between 1950 and 1990, Paul Huth presents a new theoretical approach for analyzing the foreign policy behavior of states, one that integrates insights from traditional realist as well as domestic political approaches to the study of foreign policy. Huth's approach is premised on the belief that powerful explanations of security policy must be built on the recognition that foreign policy leaders are domestic politicians who are very attentive to the domestic implications of foreign policy actions. Hypotheses derived from this new modified realist mode are then empirically tested by a combination of statistical and case study analysis. ". . . a welcome contribution to our understanding of how and why some territorial disputes escalate to war."--American Political Science Review Paul Huth is Associate Professor of Political Science and Associate Research Scientist, Center for Political Studies, Institute for Social Research, University of Michigan.
This book charts the incidence of territorial changes and military conflicts from 1816 to 1980. Using statistical and descriptive analysis, the authors attempt to answer three related sets of questions: * When does military conflict accompany the process of national independence? * When do states fight over territorial changes and when are such transactions completed peacefully? * How do territorial changes affect future military conflict between the states involved in the exchange?