2015
DOI: 10.1007/s11558-015-9217-9
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Dispute settlement mechanisms and maritime boundary settlements

Abstract: The literature on the institutionalization of international cooperation argues that states include dispute settlement procedures in their agreements to "tie the hands" of states. This paper reverses this thinking and shows that when a regime provides institutionalized dispute settlement, states sometimes seek to undo it. The settlement of maritime boundaries is a case in point. Governed by the Law of the Sea regime, which provides four institutional mechanisms for states to solve disputes, the vast majority of… Show more

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Cited by 13 publications
(6 citation statements)
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“…whether dyads settle land borders before turning to maritime ones, or whether these two claim types are linked together), as well as differences in settlement processes across claim types. Ásgeirsdóttir and Steinwand (2015) capture much of what is needed to create a dataset for maritime borders that is analogous to the IBAD. As more of their data become publicly available, we will consider further whether it might be used alongside the IBAD to offer coverage that our dataset currently lacks.…”
Section: Future Expansionmentioning
confidence: 99%
“…whether dyads settle land borders before turning to maritime ones, or whether these two claim types are linked together), as well as differences in settlement processes across claim types. Ásgeirsdóttir and Steinwand (2015) capture much of what is needed to create a dataset for maritime borders that is analogous to the IBAD. As more of their data become publicly available, we will consider further whether it might be used alongside the IBAD to offer coverage that our dataset currently lacks.…”
Section: Future Expansionmentioning
confidence: 99%
“…Such efforts to bring evidence to theory advance our overall understanding of dispute settlement. Asgeirsdóttir and Steinwand (2015) present a theory of states backing away from legalization in their choice of dispute settlement. The costs of legalized settlement and demands for flexibility in future conflicts lead some states to prefer bilateral negotiations.…”
Section: Toward Comparative Study Of Dispute Settlementmentioning
confidence: 99%
“…Cooperation is necessary because, for example, sea resources are finite (Naylor et al 2009), overfishing can lead to depletion (Mack 1995;Roberts 2002) and many fish species are migratory (Balton 1996). As argued by Ásgeirsdóttir and Steinwand (2015), this type of cooperation occurs because states prefer institutionalized forms of dispute settlement. In another work, Ásgeirsdóttir and Steinwand (2018) demonstrated how regimes shape state behaviour, arguing that the law of the sea created a default mode in disputes over boundaries, making them converge to the median line.…”
Section: Introductionmentioning
confidence: 99%