This book is about the peaceful resolution (PR) of territorial and maritime disputes and states' strategic behavior vis-à-vis methods of peaceful resolution: bilateral negotiations, good offices, inquiry, conciliation, mediation, arbitration, and adjudication. The authors argue that the high stakes associated with settlement of territorial and maritime disputes, the diversity of PR methods employed, and unpredictability of outcomes push states to strategize. Strategic considerations undergird states' choice of the particular PR methods, and states' behavior during the resolution once a particular method such as adjudication or negotiations, has been initiated. Uncertainty about the outcome drives states to pursue "strategic selection." The process of strategic selection occurs at two interrelated stages: the initial pursuit of a particular method and venue--choice-of-venue strategic selection, and decision-making once a PR method/venue has been identified--within-venue strategic selection. The driving force behind strategizing in these two settlement stages is the hope of reducing uncertainty and of increasing the chances of winning. Importantly, as the disputants progress through the settlement process, states reconsider and refine these strategies. For each stage of strategic selection, Powell and Wiegand identify several mechanisms that influence states' strategies, including past experiences with PR methods (winning/losing), the relationship between domestic law and international law, framing legal claims, and shaping the resolution procedures. This book embraces a multi-method approach and combines statistical analyses and in-depth qualitative interviews with states' legal counsel, judges, arbitrators, government officials, and other experts from multiple countries. The book also highlights numerous real-world instances of territorial and maritime disputes including the Philippines v. China arbitration case in the South China dispute.

"Islamic Law and International Law is a comprehensive examination of differences and similarities between the Islamic legal tradition and international law, especially in the context of dispute settlement. Sharia embraces a unique logic and culture of justice--based on nonconfrontational dispute resolution--as taught by the Quran and the Prophet Muhammad. This book explains how the creeds of Islamic dispute resolution shape the Islamic milieu's views of international law. Is the Islamic legal tradition ab initio incompatible with international law, and how do states of the Islamic milieu view international courts, mediation, and arbitration? Islamic law constitutes an important part of the domestic legal system in many states of the Islamic milieu--Islamic law states--displacing secular law in state governance and affecting these states' contemporary international dealings. The book analyzes constitutional and subconstitutional laws in Islamic law states. The answer to the "Islamic law-international law nexus puzzle" lies in the diversity of how secular laws and religious laws fuse in domestic legal systems across the Islamic milieu. These states are not Islamic to the same degree or in the same way. Thus, different international conflict management methods appeal to different states, depending on each one's domestic legal system. The main claim of the book is that in many instances the Islamic legal tradition points in one direction while Western-based, secularized international law points in another direction. This conflict is partially softened by the reality that the Islamic legal tradition itself has elements fundamentally compatible with modern international law. Islamic legal tradition, international law, sharia settlement, peaceful dispute resolution"--

. . . this book provides a logically written explanation of legalistic matters that otherwise would be hard to approach for the layman. . . The arguments laid out in this book are clear and precise and postulate a need for mutual co-operation and an ecological use of resources as well as the importance for regional actors to use international legal institutions as a conduit to peaceful resolution and mutual benefit. Markus Bell, East Asia Integration Studies . . . the book successfully outlines the essential points of the disputes and proposes the establishment of regional fora for security and development. Gibeom Kim, Political Studies Review This book takes an in-depth look at Japan s long-festering territorial and maritime disputes with its three neighbors China, South Korea and the Russian Federation. Japan has established friendly relations with all three former adversaries since the end of World War II, but these sovereignty issues remain. All three disagreements have recently flared into potentially violent incidents that could erupt again at any time. The book explores each situation and proposes concrete compromise solutions to each of the outstanding disputes. The key recommendation the book sets forth is that the disputes in question be resolved through the conclusion of separate negotiated agreements between Japan and each of its neighbors, whereby separate Zones of Cooperation and Environmental Protection are established in northeast Asia. These three agreements would be international treaties with the purpose of establishing ongoing permanent cooperation in the three disputed areas. The book concludes with a discussion of the need for broader multilateral institutions of cooperation. International relations specialists, government officials, international lawyers and scholars of Asian politics will find great value in the knowledgeable discussions of these complex issues.

Today's hearing will cover China's maritime disputes in the East and South China Seas. We'll examine the security, political, legal, and economic drivers of these disputes in our three panels today. The first panel will begin by discussing the broad security situation on the high seas. As China's maritime forces have become more capable over the past decade, Beijing has become more confident in its ability to assert its claims in the disputed areas. Beyond China's "hard" security concerns, however, other domestic, political, and legal elements shape China's policy in the East and South China Seas. Our second panel will consider popular nationalism as one of these elements. It has become a key driver of Chinese foreign policy as personality politics in Beijing has given way to a collective leadership seeking Party legitimacy. We'll conclude with a panel on how resources and economic drivers shape China's maritime disputes. Security of China's near seas is critical to the unimpeded flow of trade and imported energy resources. Though the natural resources in the East and South China Sea undoubtedly shape the security landscape, there appears to be a debate on the centrality of oil and gas resources to the dispute.

As China becomes more integrated in global economic and political systems, it has become inevitable that it engages fully and actively in the international legal system. Notably missing in China s international engagement is its participation in international institutions on third party settlement of disputes, including territorial and boundary disputes. This work argues that, contrary to conventional understanding, much could be gained by China if it were to have a more positive attitude towards third-party settlement of its territorial and boundary disputes. This volume examines both the problems and opportunities China is confronting within the changing international context and offers new frameworks for settlement of China s major territorial and boundary disputes.

Geopolitics is a crucial element in understanding international relations in East Asia, with major and medium powers competing for influence. This book examines geopolitics in East Asia, focusing in particular on its major, contentious maritime territorial disputes. It looks in particular detail at the overlapping claims between Japan, China and Taiwan over the Senkaku/Diao yu Islands in the East China Sea as well as the Paracel Islands claimed by China, Taiwan, and Vietnam and the Spratly Islands involving Brunei, China, Malaysia, the Philippines, Taiwan, and Vietnam in the South China Sea. The book offers a comparative study of the East and South China Seas by arguing that their respective circumstances are influenced by similar geopolitical considerations; factors such as territory, natural resources and power competition all impact on disputes and broader regional relations. It is precisely the interplay of these geopolitical forces that can lead to the rapid escalation of a maritime territorial dispute or reversely to a diffusion of tensions. The book considers how such disputes might be managed and resolved peacefully, despite the geopolitical conditions that can make co-operation on these issues difficult to achieve. Ralf Emmers examines the prospect for conflict management and resolution by identifying catalysts which may contribute to improving the climate of relations.

In Unresolved Border, Land and Maritime Disputes in Southeast Asia the authors shed light on unresolved and lingering territorial disputes in Southeast Asia and their reflection in current inter-state relations in the region, applying a wider regional and comparative perspective.