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The International Arbitration of Territorial Disputes

The International Arbitration of Territorial Disputes

Author: Asaf Siniver
Publisher: Oxford University Press
ISBN: 9780198870203
Published In: June 2024
Format: Hardback
Jurisdiction: U.K. ? Disclaimer:
Countri(es) stated herein are used as reference only

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Description
Contents

Details

Asaf Siniver provides a systematic and comparative analysis of the role of international arbitration in the settlement of interstate territorial disputes. He engages with International Relations (IR) and International Law (IL) scholarships to locate the unique characteristics of arbitration as a legal method of dispute settlement, distinct from the other legal method of adjudication ('judicial settlement') and diplomatic methods such as negotiation and mediation.

A novel framework is presented which examines both political and legal routes to analyse (i) under what conditions states are more likely to pursue a legal settlement of their territorial dispute via arbitration as opposed to the more popular diplomatic method of mediation, and (ii) what explains compliance defiance of international law in such cases. In so doing, the author sets to reclaim the sui generis nature of arbitration as a unique legal-political method which enables the disputants to maintain the considerable flexibility and autonomy often found in mediation, whilst providing the same final and legally binding solution that adjudication ('judicial settlement') offers.

Exploring a wide range of primary sources, including interviews, archival research, and official documents, and employing qualitative research methods, Siniver applies the analytical framework to four contemporary cases of international arbitration: the arbitration over the Rann of Kutch between India and Pakistan (1966-68); the Beagle Channel arbitration between Chile and Argentina (1971-77), the Taba arbitration between Egypt and Israel (1986-88), and the South China Sea arbitration between The Philippines and China (2013-16).

Acknowledgements

List of Maps

1:The Puzzle

2:Settling Territorial Disputes: Between Mediation and Arbitration

3:Framework of Analysis: The Arbitration of Territorial Disputes

4:The Rann of Kutch Arbitration (India-Pakistan, 1968-88)

5:The Beagle Channel Arbitration (Argentina-Chile, 1971-77)

6:The Taba Arbitration (Egypt-Israel, 1986-88)

7:The South China Sea Arbitration (China-The Philippines, 2013-16)

8:Reclaiming the Sui Generis Nature of Arbitration

Bibliography