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Journal articles on the topic 'Diplomatic negotiation of international disputes'
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1
Elsig, Manfred. "Legalization in context: The design of the WTO’s dispute settlement system." British Journal of Politics and International Relations 19, no. 2 (February 13, 2017): 304–19. http://dx.doi.org/10.1177/1369148117690890.
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This article asks why the dispute settlement provisions of the multilateral trading system underwent significant reforms during the negotiations that led to the creation of the World Trade Organization (WTO) in 1995. Why did the leading trading powers accept a highly legalized system that departed from established political–diplomatic forms of settling disputes? The contribution of this article is threefold. First, it complements existing accounts that exclusively focus on the United States with a novel explanation that takes account of contextual factors. Second, it offers an in-depth empirical case study based on interviews with negotiators who were involved and novel archival evidence on the creation of the new WTO dispute settlement system. Third, by unpacking the long-standing puzzle of why states designed a highly legalized system, it addresses selected blind spots of the legalization and the rational design literatures with the aim of providing a better understanding about potential paths leading toward significant changes in legalization.
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Tinker, Catherine. "The Guarani Aquifer Accord." Law & Practice of International Courts and Tribunals 15, no. 2 (September 22, 2016): 249–63. http://dx.doi.org/10.1163/15718034-12341321.
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The Guarani Aquifer Accord of 2010 represents a plan for the multiple, sustainable, equitable and reasonable use of the water of the Guarani Aquifer System and a pledge to prevent significant harm to this vast natural resource in South America. Based on good science and good international law, this regional agreement was reached by Brazil, Argentina, Uruguay and Paraguay, acknowledging the environmental, economic and geopolitical importance of the underground water linking the four states known as the “Guarani Aquifer System.” The Guarani Aquifer Accord (“Acordo sobre o Aquífero Guarani” or “Acuerdo Aquífero Guarani”) is the first regional treaty to be modeled after the International Law Commission Draft Articles on Transboundary Aquifers of 2008, which address “confined” aquifers that are outside the scope of the United Nations Watercourses Convention of 1997. This article explores the Guarani Aquifer Accord’s provisions for exchanges of scientific and technical information, notification and consultation, direct negotiations, referral to a joint commission to be created once the Accord enters into force for evaluation and recommendations in case of a dispute, and the option of a subsequent arbitration protocol to be negotiated in future. Taken together, procedural requirements and the provisions in the Accord in favor of diplomatic and political resolution of future disputes over the use and protection of the water may forestall the need to resort to litigation in international courts or tribunals. This article concludes that, even absent an additional protocol for arbitration of disputes and absent the establishment of a joint commission to facilitate information exchange, convene regular meetings and build trust as contained in the agreement, the Guarani Aquifer Accord provides a framework for regional cooperation designed to avoid or resolve conflicts.
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Corbacho, Alejandro Luis. "Prenegotiation and Mediation: Anglo-Argentine Diplomacy After the Falklands/Malvinas War, 1983–1989." International Negotiation 13, no. 3 (2008): 311–39. http://dx.doi.org/10.1163/157180608x365244.
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AbstractThis paper studies the process of prenegotiation and the role of mediators between the Argentine and British governments concerning the sovereignty dispute of the Falkland/Malvinas Islands between 1982 and 1990. During this period, the relationship between both governments evolved from rupture and norelations to an agreement on the conditions to negotiate the renewal of full diplomatic relations which was concluded in early 1990. In a preliminary process of prenegotiation, the governments of Switzerland, initially, and the United States played a role in helping to reach an agreement. The former failed when the talks ended abruptly in July 1984. The latter succeeded in getting both parties to the table and keeping them there, thus avoiding a potential rupture until the two parties reached an agreement in principle. During the prenegotiation stage, the principal parties were able to reduce the risks of escalation; they defined and narrowed the boundaries of the dispute, clearly identified the trade-offs, and structured the agenda of formal negotiations. Consequently, the likelihood of successful negotiation improves significantly when the parties reach an agreement during prenegotiation on what will be discussed later. This case also illustrate that sometimes, when negotiations reach a point of stalemate, a mediator can help to find a “zone of agreement.” When this situation occurs, the degree of involvement and the resources of the mediator are particularly important. Finally, this case confirms the assertions that effective mediation is more a matter of leverage and influence than a matter of impartiality.
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Aldrich, George H., and Christine M. Chinkin. "A Century of Achievement and Unfinished Work." American Journal of International Law 94, no. 1 (January 2000): 90–98. http://dx.doi.org/10.2307/2555233.
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The Hague Conferences that produced the Conventions of 1899 and 1907 closed the nineteenth century and opened the twentieth. They established an agenda for negotiation, in the parliamentary-diplomatic mode, for the next hundred years; elevated the development of mechanisms of dispute resolution to new prominence; tried to order many areas of armed conflict with new international law; and, perhaps unintentionally, set parameters for the future diplomacy of international conferences.Subsequent international lawmaking efforts grappled with many of the themes debated at The Hague, even as the political landscape of international law was completely transformed by the breakup of empires and the advent of almost two hundred new states; the founding of international organizations and regional organizations that could scarcely have been imagined in 1899, and the establishment of a truly permanent international judicial institution, followed by the creation of many other judicial institutions with more focused jurisdictions. Despite these changes, much of the style of the Hague Conferences left a deep imprint on international law. The mixture of lofty rhetoric, prophetic international legal vision, and narrow political interest of the Hague Conferences became a characteristic, even an expected feature, of collective international lawmaking efforts in this century.
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Maxwell, Neville. "Why the Sino–Indian Border Dispute is Still Unresolved after 50 Years: A Recapitulation." China Report 47, no. 2 (May 2011): 71–82. http://dx.doi.org/10.1177/000944551104700202.
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In its dying days the British Empire in India launched an aggressive annexation of what it recognised to be legally Chinese territory. The government of independent India inherited that border dispute and intensified it, completing the annexation and ignoring China’s protests. The People’s Republic of China (PRC) government, acquiescing in the loss of territory, offered diplomatic legalisation of the new boundary India had imposed in its North-East but the Nehru government refused to negotiate. It then developed and advanced a claim to Chinese territory in the north-west, again refusing to submit the claim to negotiation. Persistent Indian attempts to implement its territorial claims by armed force led to the 1962 border war. The Indian defeat did not lead to any change of policy; both the claims and the refusal to negotiate were maintained. The dead-locked Sino–Indian dispute and armed confrontation are thus the consequence of Indian expansionism and intransigence.
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K.C., Khadga. "The South China Sea Issue: Its Implications on South East Asian Security." Journal of International Affairs 1, no. 1 (October 3, 2016): 45–62. http://dx.doi.org/10.3126/joia.v1i1.22640.
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Although the Chinese government has a strong preference for bilateral diplomatic negotiations to resolve disputes, its status as a party to UNCLOS and its continuing failure to reach a settlement with the Philippines has exposed it to the risk of litigation. Additionally, if the arbitration goes forward, China may be at a disadvantage because several Chinese assertions about their South China Sea rights are not well supported in international law. China’s leaders may also have concerns about avoid nationalists who are sensitive to any perception that the government lost control of a high profile issue to a small Southeast Asian state and a Japanese judge. Nonetheless, now that the Chinese have rejected the process, the panel will proceed without them, providing a small “victory” for Manila and potentially swinging international public opinion toward the Philippines. China being an established regional power and aspiring global power would better show her generosity to take the countries in neighborhood in confidence. For this, resolving South China Sea issue by win-win strategy will be of great benefit for regional stability and security in South East Asian region.
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Canetti, Daphna, Ibrahim Khatib, Aviad Rubin, and Carly Wayne. "Framing and fighting: The impact of conflict frames on political attitudes." Journal of Peace Research 56, no. 6 (March 21, 2019): 737–52. http://dx.doi.org/10.1177/0022343319826324.
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How does the subjective conceptual framing of conflict impact the warring parties’ attitudes towards political compromise and negotiation? To assess strategies for conflict resolution, researchers frequently try to determine the defining dispute of a given conflict. However, involved parties often view the conflict through fundamentally distinct lenses. Currently, researchers do not possess a clear theoretical or methodological way to conceptualize the complexity of such competing frames and their effects on conflict resolution. This article addresses this gap. Using the Israeli–Palestinian conflict as a case study, we run a series of focus groups and three surveys among Jewish citizens of Israel, Palestinian citizens of Israel (PCIs), and Palestinians in the West Bank. Results reveal that three conflict frames are prominent – material, nationalist, and religious. However, the parties to the conflict differ in their dominant interpretation of the conflict. Jewish Israelis mostly frame the conflict as nationalist, whereas Palestinians, in both the West Bank and Israel, frame it as religious. Moreover, these frames impact conflict attitudes: a religious frame was associated with significantly less willingness to compromise in potential diplomatic negotiations among both Jewish and Palestinian citizens of Israel. Interestingly, differing frames had no significant impact on the political attitudes of West Bank Palestinians, suggesting that the daily realities of conflict there may be creating more static, militant attitudes among that population. These results challenge the efficacy of material solutions to the conflict and demonstrate the micro-foundations underpinning civilians’ conflict attitudes and their implications for successful conflict resolution.
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Khanal, Bharat. "Geo-Strategic Imperative of North-Western Border: Triangular Region Kalapani - Lipulekh and Limpiadhura of Nepal." Unity Journal 2 (August 11, 2021): 29–40. http://dx.doi.org/10.3126/unityj.v2i0.38789.
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The extreme north western region of Nepal is bordered with India and China and separated by Mahakali River. As per Article 5 of Sugauli treaty and various other evidences like, historical facts, ancient maps, river science, government correspondence and other documents proves that the river originating from Limpiadhura form the international boundary between Nepal and China. However, the certain parts of Nepalese territory have been under the control of India from seven decades. Owing to the historical and geographical proximity, Nepal has maintained special relations with her immediate neighbors, India and China, despite several complex situations. Remaining away from strategic competition and rivalry; and gaining maximum benefit from India and China as they are global and regional players would best serve the national interest of Nepal. Underdeveloped nature of physical infrastructures, nascent institutional structures and poor presence of government machinery in the North western border of Nepal has complicated the problem. Our neighbors should be sensitive and respectful to our concerns and interests. Delicate handling of border issues is in our interest. Nepal has become the center of geopolitical interest in the present world. Sands of geopolitics are constantly shifting in South Asia and Nepal cannot remain aloof from it. Influence in Nepal from competition and cooperation is rising. There is a need of cooperation for transit economy and trilateral cooperation. Nepal should use her diplomatic expertise and regain our territory by maintaining friendly and harmonious relations with her neighbors. Nepal and India shouldn’t delay in resolving such outstanding disputes. Both countries should bring their evidences and carefully examine that evidence by creating a favorable negotiating environment. Above all, national consensus on such sensitive issue is important.
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Hooghoudt, Kay. "The Falkland Islands (Malvinas) in the Twilight of Colonialism." Leiden Journal of International Law 3, no. 2 (December 1990): 179–200. http://dx.doi.org/10.1017/s0922156500001461.
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With the restoration of diplomatic relations between Argentina and the United Kingdom earlier this year, the conflict on the Falkland Islands (Malvinas) enters a new phase. Kay Hooghoudt looks back at the conflict and describes the lessons that can be learned from it. His main conclusion is that as a consequence of the attitude of the UK in the decolonization proces the dispute shifted from a conflict on territorial sovereignty to a dispute on the obligation to negotiate. The author holds that as the Security Council did not act adequately, Argentina did not act contrary to international law by using force to compel the UK to continue the negotiations on sovereignty over the islands. Now that negotiations have started again, the Security Council should act in order to ensure that these negotiations will deal with the crux of the matter, the issue of sovereignty.
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Maass, Matthias. "‘Soft’ Coercive Diplomacy versus Informal Resistance: Attempts at Deporting ‘Illegal Vietnamese’ from Reunifying Germany, 1990-1995." Hague Journal of Diplomacy 9, no. 3 (August 29, 2014): 221–52. http://dx.doi.org/10.1163/1871191x-12341287.
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During the period of Germany’s reunification in the early 1990s, disagreement between Germany and Vietnam over the return of Vietnamese individuals to Vietnam escalated into a diplomatic dispute that also spilled over into Vietnam’s negotiations with the European Union over a major eu–Vietnam treaty. In mid-1995, however, the German and Vietnamese governments finally agreed on a repatriation arrangement that allowed Germany to begin deporting about 40,000 Vietnamese who were living in Germany illegally. This article explores the episode in the wider context of diplomatic dispute resolution. While Germany was demanding full cooperation from Vietnam on the issue of returning Vietnamese nationals, the Vietnamese government initially resisted large-scale repatriation for economic and social reasons. Hanoi attempted to frame the discussion within bilateral negotiations, economic costs and human rights, whereas Bonn argued from the perspective of customary international law and applied increasingly coercive diplomacy. German authorities escalated the disagreement and made economic threats with the aim of changing Hanoi’s behaviour. In order to frame this approach analytically, this article uses a modified form of coercive diplomacy. The analysis proceeds in three stages: first, the article analyses the origins of the dispute, which had its roots in German reunification; second, it evaluates the legal arguments advanced by each side; and third, it investigates Germany’s ‘soft’ coercive diplomacy and Vietnam’s response. The article concludes with an evaluation of Germany’s approach, benchmarking 1995’s diplomatic outcome against results on the ground, namely the number of returnees to Vietnam.
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Meerts, Paul W. "Diplomatic Negotiation at the Crossroads?" International Negotiation 25, no. 1 (February 10, 2020): 18–30. http://dx.doi.org/10.1163/15718069-25131237.
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Abstract While interstate negotiation is becoming more important than ever in guiding the course of world affairs, it is in danger of being weakened as a consequence of the erosion of multilateral diplomacy. Multilateral organizations and cooperation between states has opened new pathways for negotiation, stabilized the world, and served to equalize power distribution. Growing multilateralism has protected negotiation processes and offered smaller powers more of a say in world affairs. However, with the current trend for powerful countries to undermine multilateral negotiation processes in favor of bilateral and minilateral power-based negotiations, global political gaps are widening. This will undermine small countries and middle powers that want to use diplomatic negotiation as their main tool to influence others. The consequence could be a process of diplomatic negotiation used by hegemonic powers to further their interests to the detriment of the less powerful.
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Lang, Winfried. "Negotiation as Diplomatic Rule-Making." International Negotiation 1, no. 1 (January 1, 1996): 65–78. http://dx.doi.org/10.1163/157180696x00061.
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Tam, Lisa, and Soojin Kim. "Nationalism and international disputes in China." Journal of Asian Pacific Communication 27, no. 2 (November 20, 2017): 246–63. http://dx.doi.org/10.1075/japc.27.2.06tam.
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Abstract For decades, the territorial dispute between China and Japan over the sovereignty of the Senkaku Islands has caused diplomatic deteriorations in Sino-Japanese relations. When there is extensive media coverage on news about the dispute, nationalist sentiments in both two countries would be triggered and could be expressed through detrimental behaviors towards transnational corporations (hereinafter TNCs). While TNCs play a significant political function as corporate diplomats for their home countries, they are subject to the risk of crises when their home countries are involved in political and economic conflicts with the foreign countries in which they have operations. Against this backdrop, this paper seeks to examine the roles of TNCs with reference to three cases of nationalism-induced crises in China. It proposes relational principles based on which TNCs could implement strategies to mitigate the damage from nationalism-induced crises and contribute to their home countries’ diplomatic goals as corporate diplomats.
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Pasquali, Giovanni. "The Role of Diplomatic Culture in International Disputes." Peace Review 26, no. 2 (April 3, 2014): 273–80. http://dx.doi.org/10.1080/10402659.2014.907010.
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Shannon, Megan. "Preventing War and Providing the Peace?" Conflict Management and Peace Science 26, no. 2 (April 2009): 144–63. http://dx.doi.org/10.1177/0738894208101127.
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I explore whether international organizations (IOs) promote peaceful conflict management. Using territorial claims data, I find that organizations with interventionist capabilities encourage disputing members to attempt peaceful conflict resolution. Then, to more fully uncover the causal relationship between IOs and conflict management, I investigate the influence of IOs on bilateral dispute settlement separately from third party settlement.The analyses reveal that institutions do not promote bilateral negotiations between members, indicating that the socialization and trust-building capabilities of IOs are limited. However, institutions foster multilateral talks, demonstrating that IOs broker bargaining with third party diplomatic intervention.
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Gray, Julia, and Philip Potter. "Diplomacy and the Settlement of International Trade Disputes." Journal of Conflict Resolution 64, no. 7-8 (February 27, 2020): 1358–89. http://dx.doi.org/10.1177/0022002719900004.
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How do countries settle disputes in the shadow of the law? Even in the presence of legalized dispute settlement, countries still rely on diplomatic channels to resolve conflicts. But it can be difficult to assess diplomacy’s impact on dispute resolution because those channels tend to be opaque. We present both an original theory of the impact of diplomacy on dispute resolution and a novel measure of diplomacy. If countries with close or, conversely, distant relationships use legal channels for dispute resolution, diplomacy will have little impact on dispute settlement; resorting to legal recourse among friends or adversaries likely means that the dispute is intractable. However, diplomacy can increase the chances of settlement between countries with moderate levels of affinity. We test this argument using a protocol-based proxy for diplomatic interactions—gifts given at the occasion of meetings between diplomatic counterparts—that would otherwise be difficult to observe. Using the case of the United States and its disputes in the World Trade Organization, we find support for our argument. This suggests that even when countries resort to legalized methods of dispute settlement, bilateral dealmaking still plays an important role.
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Xuecheng, Liu. "Look Beyond the Sino–Indian Border Dispute." China Report 47, no. 2 (May 2011): 147–58. http://dx.doi.org/10.1177/000944551104700207.
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Since the 1950s, the border dispute has shadowed the ebb and flow of Sino–Indian relations. The Chinese and Indian governments have attempted to resolve the border dispute through diplomatic negotiations which have generated several meaningful documents. But the basic position of both the countries on the border dispute remains unchanged. Both sides have agreed to press ahead with the frame-work negotiations in accordance with the agreed political parameters and guiding principles so as to seek a fair and reasonable solution acceptable to them. Prior to that, both sides have agreed to work together to maintain peace and tranquillity in the border areas. While we are cautiously optimistic about the steady improvement of the bilateral relations between the two rising Asian giants, we are increasingly concerned about the consequences of their geopolitical rhetoric and strategic suspicion originating primarily from the unresolved border dispute. Their political leaders should understand and respect each other’s core national interests and major concerns, properly handle their differences, and seek common development and a win-win situation. A good China–India relationship makes both winners while a confrontational one makes both losers.
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EHLERMANN, CLAUS-DIETER. "Tensions between the dispute settlement process and the diplomatic and treaty-making activities of the WTO." World Trade Review 1, no. 3 (November 2002): 301–8. http://dx.doi.org/10.1017/s1474745602001209.
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The tensions between the (quasi-judicial) dispute settlement process and the (political) diplomatic and treaty-making activities have intrigued me ever since I arrived in Geneva in December 2001. In the course of the six years during which I served as a member of the Appellate Body, my original doubts have grown into concerns. They are shared by prominent and well-informed observers. They have not only become the subject of a provocative and alarming book, but also found their way into one of the world's leading newspapers. It is therefore timely to discuss these issues widely, particularly in the context of the ‘Doha development agenda’ and more specifically the negotiations on improvements and clarifications of the Dispute Settlement Understanding (DSU).
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Fagbayibo, Babatunde. "Some Thoughts on Centring Pan-African Epistemic in the Teaching of Public International Law in African Universities." International Community Law Review 21, no. 2 (May 2, 2019): 170–89. http://dx.doi.org/10.1163/18719732-12341397.
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Abstract The teaching of public international law in Africa remains unresponsive to the imperative of decolonisation. The curriculum in many universities across the continent remain steeped in Eurocentric canons, and does little to disrupt hegemonic assumptions that place European thinkers at the heart of the development of international law. There is little attempt to provide a critical discussion around important epistemologies that emerged from diplomatic interactions between and among pre-colonial African Empires, and with Europeans and Asians; state building/state recognition measures; and negotiations and dispute settlement mechanisms regulating the activities of trade networks. In addition, the consideration of approaches such as the Third World Approaches to International Law (TWAIL) that have exposed the non-neutral underpinnings of international law remains marginal or non-existent. In this respect, this article proposes ‘critical integrative approach’ as a viable ontological framework that should shape the inclusion of important pan-African epistemic in the teaching of public international law in African universities.
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Steiner, Barry H. "Diplomacy and international theory." Review of International Studies 30, no. 4 (September 29, 2004): 493–509. http://dx.doi.org/10.1017/s0260210504006199.
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Diplomacy has long been neglected as a preoccupation of international theory. To repair this deficiency, this essay focuses upon bargaining over interstate disputes and makes two distinctions. One is between diplomacy as independent and as dependent variable. Analysis of diplomacy as independent variable studies diplomatic practice as causal influence, as when overcoming pressures that increase the danger of war or deadlock. This perspective is important for developing a diplomatic ‘point of view’. Dependent diplomacy analysis is preoccupied with constraints upon diplomatic statecraft and with adaptation to them. A second distinction is between negotiated bargaining, to reconcile divergent state interests, and non-negotiated bargaining that converges upon common interests between states. The essay dwells upon the link between independent diplomacy and negotiated bargaining, on one hand, and dependent diplomacy and convergent bargaining, on the other.
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Regan, Patrick, and Russell J. Leng. "Culture and Negotiation in Militarized Interstate Disputes." Conflict Management and Peace Science 20, no. 2 (September 2003): 111–32. http://dx.doi.org/10.1177/073889420302000205.
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Ajibola, Bola A. "Case Analysis: Dispute Resolution by the International Court of Justice." Leiden Journal of International Law 11, no. 1 (March 1998): 123–30. http://dx.doi.org/10.1017/s0922156598000090.
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Over the years the International Court of Justice has come to play a mediative role in the settlement of disputes. This article focuses on the negotiation process by the International Court of Justice during the settlement of inter-state disputes. Various cases that were brought before the International Court of Justice are discussed to elaborate on this growing trend.
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Frazier, Derrick, and Gary Goertz. "Patterns of Negotiation in Non-War Disputes." International Negotiation 7, no. 3 (August 14, 2002): 339–61. http://dx.doi.org/10.1163/15718069-00703005.
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Studies of militarized interstate dispute (MID) outcome variables have focused particularly on whether or not these disputes have resulted in war. With a few exceptions, this simple dichotomous dependent variable categorization largely ignores numerous militarized disputes with outcomes that fall short of war along with their respective settlement method. We propose that theories and findings on war might not apply to non-war disputes. This is especially true when considering approaches to conflict management. We find that: (I) the outcome of war almost always results in one side prevailing. Negotiated settlement and compromise are more likely outcomes of non-war disputes. (2) Power relations play a key role in outcomes of war but have a much-reduced impact on non-war outcomes. (3) Territorial issues are associated with dispute occurrence and war. Territorial issues, at the same time, seem to lend themselves to negotiated and compromise outcomes. (4) Ripeness occurs at the mid-severity range as opposed to lower or higher levels.
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Cardone, Ignacio Javier. "SHAPING AN ANTARCTIC IDENTITY IN ARGENTINA AND CHILE." Defence Strategic Communications, no. 8 (July 3, 2020): 53–88. http://dx.doi.org/10.30966/2018.riga.8.2.
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Since the end of the 19th century, both Argentina and Chile have woven Antarctica—the white continent—into the conception of their national territories and identities, establishing a tradition that continues today. To understand the process through which these identities have been constructed, this article examines the strategic communications of the countries involved in the dispute over territories south of 60° south latitude. Early negotiations were incidental and reactive, but as the situation evolved internationally the two South American countries became entangled in their strategies to incorporate portions of Antarctica into their national territories, employing diplomatic interchange, symbolic actions, and the projection of an Antarctic identity by means of public discourse, educational curriculum, and maps. Furthermore, they promoted the idea of an ‘American Antarctica’ as a way of linking Antarctica with the South American continent in an effort to obtain international recognition for their territorial claims. Both countries were successful in instilling a domestic ‘national Antarctic consciousness’, but failed to gather international support. Although their strategic communications regarding Antarctica were successful in terms of the original objective of integrating the idea into their respective national identities, resorting to territoriality seems to have limited their ability to adapt to new conditions, such as those established by the Antarctic Treaty in 1959.
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Daniels, Kelly, and Sara McLaughlin Mitchell. "Bones of democratic contention: Maritime disputes." International Area Studies Review 20, no. 4 (November 23, 2017): 293–310. http://dx.doi.org/10.1177/2233865917740269.
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While no two democratic states have fought an interstate war against each other, democratic dyads experience militarized disputes with some frequency. Previous research suggests that a large percentage of militarized disputes between two democracies involve fishing and oil resources of the sea. Yet this research selects on cases where militarized conflict occurs, and fails to consider whether democracies have more frequent diplomatic conflicts over maritime areas relative to other regime pairings. Analyzing data from the Issue Correlates of War project, which includes diplomatic conflicts over maritime areas (1900–2007) in the Americas, Europe, Middle East, and Asia, this study finds that pairs of democracies have the highest chance of experiencing diplomatic maritime disputes among all pairs of countries in the same region or dyads involving major powers. Three theoretical explanations were empirically evaluated to account for this pattern: (a) greater opportunities for democratic maritime conflicts given higher levels of economic productivity and the sizes of fishing fleets in democratic states, (b) the increasing securitization of maritime issues, especially after the terrorist attacks of September 2001, and (c) variations in the number of democracies across regional contexts. Several illustrative case studies for each theoretical argument are presented. The authors discuss the implications of these findings for the democratic peace literature and the law of the sea regime.
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Ahmedi, Bujar, and Besian Ahmeti. "The International Court of Justice and the Macedonian –Greek Case." European Journal of Multidisciplinary Studies 3, no. 4 (November 29, 2018): 8. http://dx.doi.org/10.26417/ejms.v3i4.p8-14.
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In the international law there is often a mention of the peaceful arrangements of international disputes. The resolution of international disputes is also part of the most important principles of international law. Given the historical development of international law, we observe that states that have been subjected to the fictitious subjects of international law have often had disputes between them on interrelated issues. For these differences between states to be provided international law different mechanisms are being considered in order to resolve disputes and diplomatic aids and in some cases also judicial means that serve to resolve these disputes. This paper presents the dispute between Macedonia and Greece regarding the issue of the name where the role of the international community has been extremely important by putting its diplomacy at its disposal with the sole aim of reaching a resolution of the parties'.
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Lee, Chunseun. "Reviews on the Diplomatic Negotiation and its Obligation in International Law." KOREAN JOURNAL OF INTERNATIONAL LAW 64, no. 3 (September 30, 2019): 167–202. http://dx.doi.org/10.46406/kjil.2019.09.64.3.167.
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Konstantinidis, Ioannis. "Book Review: Emilia Justyna Powell. Islamic Law and International Law: Peaceful Resolution of Disputes." International Review of Law 9, no. 1 (December 1, 2020): 246–49. http://dx.doi.org/10.29117/irl.2020.0098.
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The settlement of inter-state disputes is an integral part of the international legal system. The obligation of States to settle their disputes peacefully is enshrined in Article 2(3) of the Charter of United Nations. In turn, Article 33 of the Charter identifies different means that can be employed by United Nations Member States with a view to peacefully resolving inter-state disputes, including, inter alia, “negotiation, enquiry, mediation, conciliation, arbitration, judicial settlement”.
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Shifrinson, Joshua R. Itzkowitz. "Deal or No Deal? The End of the Cold War and the U.S. Offer to Limit NATO Expansion." International Security 40, no. 4 (April 2016): 7–44. http://dx.doi.org/10.1162/isec_a_00236.
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Did the United States promise the Soviet Union during the 1990 negotiations on German reunification that NATO would not expand into Eastern Europe? Since the end of the Cold War, an array of Soviet/Russian policymakers have charged that NATO expansion violates a U.S. pledge advanced in 1990; in contrast, Western scholars and political leaders dispute that the United States made any such commitment. Recently declassified U.S. government documents provide evidence supporting the Soviet/Russian position. Although no non-expansion pledge was ever codified, U.S. policymakers presented their Soviet counterparts with implicit and informal assurances in 1990 strongly suggesting that NATO would not expand in post–Cold War Europe if the Soviet Union consented to German reunification. The documents also show, however, that the United States used the reunification negotiations to exploit Soviet weaknesses by depicting a mutually acceptable post–Cold War security environment, while actually seeking a system dominated by the United States and opening the door to NATO's eastward expansion. The results of this analysis carry implications for international relations theory, diplomatic history, and current U.S.-Russian relations.
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Shehade, Maria, and Kalliopi Fouseki. "The Politics of Culture and the Culture of Politics: Examining the Role of Politics and Diplomacy in Cultural Property Disputes." International Journal of Cultural Property 23, no. 4 (November 2016): 357–83. http://dx.doi.org/10.1017/s0940739116000308.
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Abstract:This article constitutes the first systematic attempt to synthesize the role of politics as an affecting dynamic during the negotiation of cultural property disputes. The article limits its scope to disputes concerning the ownership of cultural artifacts between states and museums settled through negotiation and to the subsequent claims for the return of the contested objects. The discussion focuses on four ways in which the negotiation process is affected when states act as claimants, including the discourse and argumentation used, the available means to pressure the other party to negotiate, the possible political interventions, and the international political scene and its effect on the development of the dispute. Through the examination of multiple case studies, it is argued that in such disputes, several elements related to the role of politics are at interplay affecting the evolution of the negotiation process. Finally, it is also argued that the role of politics as an affecting dynamic during the negotiation process is multi-dimensional, consisting of many different interrelated dynamics that can potentially alter the course of the process.
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Kerr, Pauline L. "Diplomatic Persuasion: An Under-Investigated Process." Hague Journal of Diplomacy 5, no. 3 (2010): 235–61. http://dx.doi.org/10.1163/187119110x508512.
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AbstractThe under-investigation in diplomatic studies of processes of persuasion in explaining diplomatic outcomes needs to be addressed in the interests of better scholarly explanations and diplomatic practice. Although such processes are implicit in nearly all concepts and practice of diplomacy, neither scholars nor practitioners explicitly investigate them. Yet other related fields of study and disciplines examine persuasion and demonstrate its explanatory value. Drawing on this literature, but also bearing in mind the nature of outcomes that diplomatic studies seeks to understand, this article offers a model of processes of persuasion and illustrates its potential for explaining a 2003 peace process negotiation in the Solomon Islands.
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Moiseev, Maksim V. "Translators and interpreters from eastern languages in the Moscow state at the end of the XV-XVI centuries." Vostok. Afro-aziatskie obshchestva: istoriia i sovremennost, no. 4 (2021): 72. http://dx.doi.org/10.31857/s086919080015521-0.
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This article examines the process of formation of the translation service in the Moscow state during the late XV-XVI centuries. The repertoire of Eastern languages available to Moscow translation specialists is analyzed. The author came to the conclusion that among the eastern languages, the main language of negotiations and correspondence was the languages of the Turkic group, and the use of Farsi at this time is questionable. The original form of international communication in the Moscow state was oral, and written communication was considered less honorable and performed an official, auxiliary function. Gradually, at the turn of the XV-XVI, oral communication gave way to the exchange of embassy certificates. After the dispute between the rulers about the language of diplomatic correspondence in 1563, recorded in the Russian-Crimean diplomatic correspondence, the parties returned to the usual practice of exchanging messages and the Crimean Tatar language retained its role as the language of diplomatic communication. Three groups of specialists engaged in cross-language communication are identified. The most elite were the Bakshi translators, who specialized in translating and writing letters. The second group is the interpreters. They accompanied foreign embassies, ensured their communication with the host country, and performed diplomatic functions. The third group is the heads of the villages of the service Tatars, who performed, in addition to their direct duties, the functions of interpreters of oral speech. In the XVI century, tolmachestvo played the role of a launching pad for the children of bakshey and podyachy.
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Sanger, Andrew. "THE LIMITS OF STATE AND DIPLOMATIC IMMUNITY IN EMPLOYMENT DISPUTES." Cambridge Law Journal 77, no. 1 (March 2018): 1–5. http://dx.doi.org/10.1017/s0008197318000120.
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TWO decisions of the Supreme Court – Benkharbouche v Secretary of State for Foreign and Commonwealth Affairs [2017] UKSC 62, [2017] 3 W.L.R. 957, and Reyes v Al-Malki [2017] UKSC 61, [2017] 3 W.L.R. 923 – demonstrate the limitations of state and diplomatic immunity in employment disputes, and raise important questions concerning the interaction between immunity and other rules of international law.
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DEN HEIJER, MAARTEN. "Diplomatic Asylum and the Assange Case." Leiden Journal of International Law 26, no. 2 (May 3, 2013): 399–425. http://dx.doi.org/10.1017/s0922156513000095.
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AbstractThis article traces the place and development of diplomatic asylum in international law in close connection with the more specific questions raised by the case of Julian Assange, who was granted asylum in the Ecuador embassy in London on 16 August 2012. After discussing the historical rise and decline of diplomatic asylum, the article reviews the current status of diplomatic asylum in international law and its implications for the triangular legal relationship between the United Kingdom, Ecuador, and Mr Assange. The article submits that, although there would not seem to be a title in general international law or human rights law for Ecuador to grant asylum to Assange, there is no obvious legal route for the United Kingdom to terminate the asylum. The fate of Assange resembles that of a long series of historical precedents where diplomatic asylum resulted in protracted stays. Although this may seem an unsatisfactory result from the perspective of international law, the uneasy balance between territorial sovereignty and diplomatic inviolability also engenders incentives to avoid disputes or to resolve them through diplomatic channels.
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Grinberg, Keila. "Illegal Enslavement, International Relations, and International Law on the Southern Border of Brazil." Law and History Review 35, no. 1 (December 5, 2016): 31–52. http://dx.doi.org/10.1017/s0738248016000547.
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The La Plata River Basin, bordering Uruguay and Brazil, was the site of constant disputes between the Spanish and Portuguese crowns into the eighteenth century. The conflicts dated back to the seventeenth century with the founding of the Colônia do Santíssimo Sacramento on the left bank of the river. Although both sides engaged in diplomatic efforts over the years, these were not enough to prevent war, and there were ongoing battles interspersed with short periods of calm until the end of the 1860s and the so-called Paraguayan War (1865–70).
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Цирина, Мадина, and Madina Tsirina. "THE LEGAL NATURE OF THE INTERNATIONAL CENTRE FOR SETTLEMENT OF INVESTMENT DISPUTES (ICSID)." Journal of Foreign Legislation and Comparative Law 3, no. 4 (August 23, 2017): 106–13. http://dx.doi.org/10.12737/article_598063fb2cc860.59765189.
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The article discusses the criteria of the definition of «investment» and protecting the rights of foreign investors (diplomatic protection, judicial protection). Special attention is paid to questions of investment dispute settlement in the framework of the International center for settlement of investment disputes (International Centre for Settlement of Investment Disputes, ICSID) under the Convention on the settlement of investment disputes between States and natural and legal persons of other States 1965 (Washington Convention 1965), the competence of which is the resolution of legal disputes arising from relations connected with foreign investments, that is, relations between a foreign person (investor) and the state.
The author provides a detailed analysis of the Washington Convention of 1965, concluded that its provisions cover how to operate an international legal institution (ICSID), as well as regulate the procedure of the settlement of investment disputes. It is noted that, despite the fact that the arbitration and conciliation used in the resolution of investment disputes, based on the norms of international public law, established under the Washington Convention of 1965 on settlement of investment disputes (ICSID), is an international body and the rules of dispute resolution are contained in the text of the international agreements – the Washington Convention of 1965, which is intended to apply precisely to private law disputes.
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Shrestha, Buddhi Narayan. "Diplomacy in the Perspective of Boundaries." Journal of Foreign Affairs 1, no. 1 (April 2, 2021): 37–57. http://dx.doi.org/10.3126/jofa.v1i1.36248.
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Diplomacy is an instrument for negotiation to find mutually acceptable solutions to a common challenge in a non-confrontational and polite manner. In this perspective, border diplomacy refers to the diplomatic approaches to demarcate, manage and resolve the border disputes in a peaceful manner. For Nepal, border diplomacy for demarcation and management should be based on the dynamic equilibrium of both the neighbours, China and India. This paper revisits the crux of diplomacy and border diplomacy for the peaceful settlement of disputes in a peaceful way. The research emphasizes on border demarcation diplomacy, focussing on Nepal-India and Nepal-China borders. The study explains about the border dispute between Nepal and India in the region of Lipulek, Limpiyadhura and Kalapani. Further, the paper suggests border management diplomacy for Nepal-China and Nepal-India, focusing on the Kalapani issue, and alerts about the possible circumstances during the negotiations and recommends Nepal’s potential strategies for border management in the future.
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Nufaris Elisa. "The Resolution of International Trade Disputes through Arbitration." Britain International of Humanities and Social Sciences (BIoHS) Journal 2, no. 1 (February 29, 2020): 296–301. http://dx.doi.org/10.33258/biohs.v2i1.191.
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If an international trade dispute occurs, so that the ways of resolution can be reached through non-litigation (alternative litigation) or Alternative Dispute Resolution (ADR). The facilities classified as ADR other than Arbitration facilities as contained in Article 6 of Law No. 30 of 1999 concerning Arbitration and Alternative Dispute Resolution which includes facilities including Meditation facilities, Negotiation facilities, Consolidation facilities, and other facilities. Based on the Arbitration Law it provides an opportunity to resolve trade disputes through the Arbitration institution and it is very appropriate if this institution has a very important role in resolving disputes that occur in the world of international trade. The scope of disputes which can be tried in a trial of the International Commercial Arbitration institution must be related to the issue of trade, finance and general trading (commerce), while those relating to other matters have nothing to do at all.
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Wong, Jane Yeang Chui. "Ideologies of Diplomacy." Journal of Medieval and Early Modern Studies 50, no. 3 (September 1, 2020): 477–92. http://dx.doi.org/10.1215/10829636-8626064.
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The publication in 2008 of John Watkins’s special issue for the Journal of Medieval and Early Modern Studies, “Toward a New Diplomatic History of Medieval and Early Modern Europe,” opened up the formal aspects of the ambassador’s office and official channels of diplomatic negotiation to a complex sociocultural landscape underlying the processes of diplomacy-in-the-making. The field of New Diplomatic History has since burgeoned. This current special issue hews closely to the cross-disciplinary nature of newer diplomatic history, and it responds to critical challenges that have recently emerged in scholarship, particularly the need to balance both breadth and depth of historical and cultural analysis. This volume considers how English institutional and sociocultural networks informed diplomatic practice in Elizabethan and Jacobean England, and how diplomatic thought, representation, and the forging of international relations were interpreted within various English communities. The collection takes special interest in how “ideologies of diplomacy” were formed, negotiated, and articulated within and beyond formal diplomatic spheres. Drawing on various elements of international relations theory, the essays address the ambiguous and contradictory elements of diplomatic reciprocity, explicating the tensions between diplomatic ambition and local governance.
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McEntee-Atalianis, Lisa. "Diplomatic Negotiation in an International Organisation: An Exploration of Expert Status and Power." International Journal of Diversity in Organizations, Communities, and Nations: Annual Review 8, no. 3 (2008): 265–72. http://dx.doi.org/10.18848/1447-9532/cgp/v08i03/39594.
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Lecaj, Mentor. "Diplomatic Means of Resolving the International Dispute˸ Case of Iranian Nuclear Program." European Journal of Interdisciplinary Studies 1, no. 3 (December 30, 2015): 221. http://dx.doi.org/10.26417/ejis.v1i3.p221-226.
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The purpose of this article is to explain the necessity of resolving the conflict with Iran through diplomatic means and avoiding military confrontation, as much as possible and start cooperation with the state as other important regional issues concerns, which in turn is the most effective track for resolving the conflict. Moreover the article aims to serve as an example of resolving the future potential conflicts by diplomatic means as proposed in “Resolved Iranian Dispute”. The main goal of this article is conceptual exploration and identification of concepts theoretically applicable in the field of international relations, as mean of building peaceful resolution on international disputes. Furthermore the enforcement of theoretical concepts to a specific and generally complex cases such as the Iranian nuclear program.
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Lecaj, Mentor. "Diplomatic Means of Resolving the International Dispute˸ Case of Iranian Nuclear Program." European Journal of Interdisciplinary Studies 3, no. 1 (December 30, 2015): 221. http://dx.doi.org/10.26417/ejis.v3i1.p221-226.
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The purpose of this article is to explain the necessity of resolving the conflict with Iran through diplomatic means and avoiding military confrontation, as much as possible and start cooperation with the state as other important regional issues concerns, which in turn is the most effective track for resolving the conflict. Moreover the article aims to serve as an example of resolving the future potential conflicts by diplomatic means as proposed in “Resolved Iranian Dispute”. The main goal of this article is conceptual exploration and identification of concepts theoretically applicable in the field of international relations, as mean of building peaceful resolution on international disputes. Furthermore the enforcement of theoretical concepts to a specific and generally complex cases such as the Iranian nuclear program.
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Kolarz, Stefania. "Zastosowanie metod pokojowego rozstrzygania sporów w konflikcie o Górski Karabach." Studenckie Prace Prawnicze, Administratywistyczne i Ekonomiczne 20 (September 20, 2017): 193–208. http://dx.doi.org/10.19195/1733-5779.20.13.
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Application of peaceful means of international disputes resolution in the Nagorno-Karabakh conflictOver twenty years ago the Armenians inhabiting one of Azerbaijani provinces declared constitution of a new state — the Nagorno-Karabakh Republic. Hence, the conflict over legal status of this region begun; formally the terrain belongs to Azerbaijan, but it remains under Armenian control. The international community multiplied attempts of mediation and created a Group of Minsk under auspices of OSCE especially for the purpose of resolution of the karabakhi dispute. However, any settlement wasn’t reached so far. Therefore, one may ask whether this conflict may be solved using diplomatic means of international disputes resolution?
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Beardsley, Kyle, David E. Cunningham, and Peter B. White. "Resolving Civil Wars before They Start: The UN Security Council and Conflict Prevention in Self-Determination Disputes." British Journal of Political Science 47, no. 3 (August 24, 2015): 675–97. http://dx.doi.org/10.1017/s0007123415000307.
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A large literature has demonstrated that international action can promote the resolution of civil wars. However, international actors do not wait until violence starts to seek to manage conflicts. This article considers the ways in which the United Nations Security Council (UNSC) reduces the propensity for self-determination movements to escalate to civil war, through actions that directly pertain to the disputing actors or that indirectly shape actor incentives. It examines the relationship between the content of UNSC resolutions in all self-determination disputes from 1960 to 2005 and the onset of armed conflict in the disputes. The study finds that diplomatic actions that directly address disputes reduce the likelihood of armed conflict, and that military force and sanctions have more indirect preventive effects.
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Butler, Michael J. "Negotiation and Mediation in the Hard(est) Cases." International Negotiation 24, no. 3 (August 6, 2019): 357–70. http://dx.doi.org/10.1163/15718069-24031189.
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Abstract In seeking a fuller understanding of the provision and effectiveness of negotiation and mediation, salient lessons can be gleaned from instances in which these processes seem unlikely to succeed or unlikely to be tried at all. Contributions to this special issue of International Negotiation purposefully avoid mining examples of success stories for correlates. The contributors have instead consciously identified and examined applications of negotiation and mediation in the hard(est) cases, with the objective of teasing out what shortcomings and even failures can tell us about the prospects of negotiation and mediation as practices of conflict management and resolution. Using the criteria discussed in this introductory article, this collection examines negotiation and mediation in international crises, intractable conflicts, civil wars, and other cases defined by complex contextual environments, actor configurations, and disputes – with the goal of revealing insights that can improve the effectiveness of negotiation and mediation in application.
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Gună, Dan. "The Importance Of Enforcing The Fundamental Principles Of International Law During The Negotiation Process." International conference KNOWLEDGE-BASED ORGANIZATION 21, no. 2 (June 1, 2015): 436–41. http://dx.doi.org/10.1515/kbo-2015-0074.
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Abstract Diplomatic negotiations represent the most frequently regulated and used method when it comes to states settling their international conflicts. The negotiation process can be influenced by many factors, such as: the characteristics of the conflict, the power balance, the relation between the parties in conflict. From the perspective of international law, a significant importance for the success of negotiations is held by the observance of some principles such as: sovereign equality of the parties, the absence of force or threat to use the force, good faith, lack of interference in internal affairs, abstention from committing any act capable to worsen the conflict. For a solid lengthy settlement of a conflict, no solution can be imposed by using the force or threatening to use it and, hence, transgressing the essential attribute of states – sovereignty. States must show a good faith attitude during negotiations and use this diplomatic method with the real intent of settling the conflict and not for other strategic reasons, like getting extra time or creating a good faith appearance in front of the public opinion as they were looking for a solution.
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Garcia, Denise. "Introduction: Mediation and Negotiation in the Global South." International Negotiation 22, no. 3 (October 5, 2017): 377–79. http://dx.doi.org/10.1163/15718069-22031130.
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AbstractThe practice of international mediation is widely recognized as essential for international peace and security, and its advantages have been extensively acknowledged. It is also an integral component of international negotiation and the peaceful settlement of disputes. Nevertheless, most of the governmental and non-governmental actors involved in international mediation processes come from predominantly Northern countries. Very few states and civil society institutions from the Global South are engaged in international mediation initiatives or have invested in improving their national mediation capacities. Looking into the future, the involvement of the South in these efforts is needed more than ever. World leaders, from the North and the Global South need to revitalize principled commitments and allow great negotiators to come to the fore to reverse deadlocked and perilous situations in the search for peace and prosperity.
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Chan, Debby Sze Wan. "China’s diplomatic strategies in response to economic disputes in Myanmar." International Relations of the Asia-Pacific 20, no. 2 (October 30, 2018): 307–36. http://dx.doi.org/10.1093/irap/lcy026.
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AbstractHow do societal actors in the host country matter to Beijing’s diplomatic strategies? In the course of political transition in Myanmar, the Myitsone Dam was suspended in 2011, and the China–Myanmar High-Speed Railway was reportedly halted in 2014. Since then, Beijing is said to have adopted public diplomacy in response to these economic setbacks. However, this article finds variations in Beijing’s approaches; Beijing actively engaged with the dam challengers, but not the railway opponents, who offered less of a challenge. Moreover, Beijing tolerated the project’s suspension in the dam case, but ramped up pressure in the railway case by increasing Naypyitaw’s costs of defection. Beijing’s inconsistent diplomatic approaches are attributed to different levels of social opposition observed in the anti-Chinese project movements. As such, Beijing has the propensity to bypass societal actors and pressure Naypyitaw for project continuation if it perceives that social opposition is not a major obstacle in bilateral economic cooperation.
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Onnekink, David. "Symbolic Communication in Early Modern Diplomacy: Naval Incidents and the Third Anglo-Dutch War (1667–1672)*." English Historical Review 135, no. 573 (April 2020): 337–58. http://dx.doi.org/10.1093/ehr/ceaa067.
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Abstract This article underscores the significance of symbolic communication in early modern international relations. Taking naval incidents during the period leading up to the Third Anglo-Dutch War (1667–72) as a case-study, it shows how the use of imagery constituted an undervalued symbolic language in which vital interests were communicated by diplomats. Moreover, it argues that the way in which these incidents were discussed in diplomatic circles was relevant to and congruous with public debates. It also highlights the often-ignored international dimension of popular disputes. An overall objective is to further the debate on a New Diplomatic History for the early modern period.
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Singh, Zorawar Daulet. "After the Hiatus." China Report 47, no. 2 (May 2011): 83–98. http://dx.doi.org/10.1177/000944551104700203.
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In 1976 India and China resumed their diplomatic interactions, which had been interrupted by the 1962 War. For the ensuing three decades both sides have been engaged in discovering a process that can identify the contours of a solution to the boundary question. The orthodox historiography of the post-1976 phase portrays India as a relatively intransigent actor still clinging to the past (pre-1962) and unwilling to truly explore a solution to the dispute. India is also painted as an unimaginative interlocutor, unable to offer proposals or counter-proposals; it is China that has supposed to have steered India toward a common position. This paper offers a nuanced corrective. India was not the only unyielding actor in this dyad; China too, despite its oft-expressed intent for a comprehensive settlement has been less than enthusiastic in translating its principles toward concrete proposals. Nevertheless, a modicum of progress has been attained, which is reflected in important bilateral agreements in the 1990s and 2000s. The author gets to the essence of the dispute and attempts to interpret the negotiating postures of both sides and conjectures why progress might have stalled since the mid-2000s.