The International Arbitration of Territorial Disputes

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Prof Asaf Siniver (Professor of International Security at the School of Government, Professor of International Security at the School of Government, University of Birmingham)

The International Arbitration of Territorial Disputes

Prof Asaf Siniver (Professor of International Security at the School of Government, Professor of International Security at the School of Government, University of Birmingham)

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English

Oxford University Press
02 July 2024

International relations; Land rights; International law; International arbitration

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 examines both political and legal dimensions 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 with, or 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 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).

By: Prof Asaf Siniver (Professor of International Security at the School of Government Professor of International Security at the School of Government University of Birmingham)
Imprint: Oxford University Press
Country of Publication: United Kingdom
Dimensions: Height: 234mm, Width: 156mm,
ISBN: 9780198870203
ISBN 10: 0198870205
Pages: 256
Publication Date: 02 July 2024
Audience: Professional and scholarly , Undergraduate
Format: Hardback
Publisher's Status: Active

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, 1966-68) 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

Asaf Siniver is Professor of International Security at the University of Birmingham, UK. He specializes in conflict resolution, diplomacy, mediation, Foreign Policy Analysis, international security, international law, and contemporary US foreign policy. He has published extensively in these areas, including Nixon, Kissinger, and US Foreign Policy Making (Cambridge University Press, 2008), The Yom Kippur War: Politics, Diplomacy, Legacy (Oxford University Press, 2013), and The Routledge Companion to the Israeli-Palestinian Conflict (Routledge, 2022).