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Dispute settlement mechanisms and maritime boundary settlements

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  • Áslaug Ásgeirsdóttir
  • Martin Steinwand

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 agreements specify bilateral negotiations as the only way to deal with future conflicts. The reason for this is that states pay attention to both the cost and flexibility of conflict resolutions mechanisms. We find that poorer states are more likely than wealthy states to specify bilateral negotiations, the cheapest and most flexible conflict resolution mechanism. Wealth differentials are also associated with greater demands for flexibility. Copyright Springer Science+Business Media New York 2015

Suggested Citation

  • Áslaug Ásgeirsdóttir & Martin Steinwand, 2015. "Dispute settlement mechanisms and maritime boundary settlements," The Review of International Organizations, Springer, vol. 10(2), pages 119-143, June.
    • Handle: RePEc:spr:revint:v:10:y:2015:i:2:p:119-143
    DOI: 10.1007/s11558-015-9217-9
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    1. Philippe Martin & Thierry Mayer & Mathias Thoenig, 2008. "Make Trade Not War?," The Review of Economic Studies, Review of Economic Studies Ltd, vol. 75(3), pages 865-900.
    2. Goldstein, Judith & Kahler, Miles & Keohane, Robert O. & Slaughter, Anne-Marie, 2000. "Introduction: Legalization and World Politics," International Organization, Cambridge University Press, vol. 54(3), pages 385-399, July.
    3. Oliver Hart & John Moore, 1999. "Foundations of Incomplete Contracts," The Review of Economic Studies, Review of Economic Studies Ltd, vol. 66(1), pages 115-138.
    4. Keohane, Robert O. & Moravcsik, Andrew & Slaughter, Anne-Marie, 2000. "Legalized Dispute Resolution: Interstate and Transnational," International Organization, Cambridge University Press, vol. 54(3), pages 457-488, July.
    5. Barbara Koremenos, 2007. "If Only Half of International Agreements Have Dispute Resolution Provisions, Which Half Needs Explaining?," The Journal of Legal Studies, University of Chicago Press, vol. 36(1), pages 189-212, January.
    6. Koremenos, Barbara, 2001. "Loosening the Ties that Bind: A Learning Model of Agreement Flexibility," International Organization, Cambridge University Press, vol. 55(2), pages 289-325, April.
    7. Päivi Lujala & Jan Ketil Rod & Nadja Thieme, 2007. "Fighting over Oil: Introducing a New Dataset," Conflict Management and Peace Science, Peace Science Society (International), vol. 24(3), pages 239-256, July.
    8. Philippe Martin & Thierry Mayer & Mathias Thoenig, 2008. "Make Trade Not War?," Review of Economic Studies, Oxford University Press, vol. 75(3), pages 865-900.
    9. Simmons, Beth A. & Elkins, Zachary, 2004. "The Globalization of Liberalization: Policy Diffusion in the International Political Economy," American Political Science Review, Cambridge University Press, vol. 98(1), pages 171-189, February.
    10. Jean Tirole, 1999. "Incomplete Contracts: Where Do We Stand?," Econometrica, Econometric Society, vol. 67(4), pages 741-782, July.
    11. Faten Ghosn & Glenn Palmer & Stuart A. Bremer, 2004. "The MID3 Data Set, 1993—2001: Procedures, Coding Rules, and Description," Conflict Management and Peace Science, Peace Science Society (International), vol. 21(2), pages 133-154, April.
    12. Elkins, Zachary & Guzman, Andrew T. & Simmons, Beth A., 2006. "Competing for Capital: The Diffusion of Bilateral Investment Treaties, 1960–2000," International Organization, Cambridge University Press, vol. 60(4), pages 811-846, October.
    13. Koremenos, Barbara & Lipson, Charles & Snidal, Duncan, 2001. "Rational Design: Looking Back to Move Forward," International Organization, Cambridge University Press, vol. 55(4), pages 1051-1082, October.
    14. Smith, James McCall, 2000. "The Politics of Dispute Settlement Design: Explaining Legalism in Regional Trade Pacts," International Organization, Cambridge University Press, vol. 54(1), pages 137-180, January.
    15. Allee, Todd L. & Huth, Paul K., 2006. "Legitimizing Dispute Settlement: International Legal Rulings as Domestic Political Cover," American Political Science Review, Cambridge University Press, vol. 100(2), pages 219-234, May.
    16. Carter, David B. & Goemans, H. E., 2011. "The Making of the Territorial Order: New Borders and the Emergence of Interstate Conflict," International Organization, Cambridge University Press, vol. 65(2), pages 275-309, April.
    17. Koremenos, Barbara & Lipson, Charles & Snidal, Duncan, 2001. "The Rational Design of International Institutions," International Organization, Cambridge University Press, vol. 55(4), pages 761-799, October.
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    2. Andrew P Owsiak & Allison K Cuttner & Brent Buck, 2018. "The International Border Agreements Dataset," Conflict Management and Peace Science, Peace Science Society (International), vol. 35(5), pages 559-576, September.

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