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Does International Law Promote the Peaceful Settlement of International Disputes? Evidence from the Study of Territorial Conflicts since 1945

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  • HUTH, PAUL K.
  • CROCO, SARAH E.
  • APPEL, BENJAMIN J.

Abstract

In this article, we explain the role of international law in the resolution of territorial disputes from 1945 to 2000. In doing so, we focus on three outcomes of interest. First, when do states choose to revise the territorial status quo through negotiations instead of force? Second, when are states able to reach a final settlement? Third, when do states prefer a process of legal dispute resolution (i.e., adjudication or arbitration) to bilateral negotiations? To answer these questions, we argue that when the legal principles relevant to the dispute are unambiguous and clearly favor one side, a law-based focal point will emerge. This focal point, in turn, facilitates the settlement process by helping leaders overcome distribution problems, a central obstacle in reaching a final agreement. We find strong and consistent empirical support for our hypotheses regarding international law and peaceful dispute resolution.

Suggested Citation

  • Huth, Paul K. & Croco, Sarah E. & Appel, Benjamin J., 2011. "Does International Law Promote the Peaceful Settlement of International Disputes? Evidence from the Study of Territorial Conflicts since 1945," American Political Science Review, Cambridge University Press, vol. 105(2), pages 415-436, May.
    • Handle: RePEc:cup:apsrev:v:105:y:2011:i:02:p:415-436_00
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    Cited by:

    1. Boehmer Charles & Corbetta Renato, 2016. "Hard International Law-Contributing Organizations as Networks," Peace Economics, Peace Science, and Public Policy, De Gruyter, vol. 22(4), pages 413-426, December.
    2. Kenneth A. Schultz, 2017. "Mapping Interstate Territorial Conflict," Journal of Conflict Resolution, Peace Science Society (International), vol. 61(7), pages 1565-1590, August.
    3. Stephen E. Gent & Megan Shannon, 2014. "Bargaining power and the arbitration and adjudication of territorial claims1," Conflict Management and Peace Science, Peace Science Society (International), vol. 31(3), pages 303-322, July.
    4. Christina Davis, 2015. "The political logic of dispute settlement: Introduction to the special issue," The Review of International Organizations, Springer, vol. 10(2), pages 107-117, June.
    5. David B. Carter & Luwei Ying, 2021. "The Gravity of Transnational Terrorism," Journal of Conflict Resolution, Peace Science Society (International), vol. 65(4), pages 813-849, April.
    6. Vanessa A. Lefler, 2015. "Strategic forum selection and compliance in interstate dispute resolution," Conflict Management and Peace Science, Peace Science Society (International), vol. 32(1), pages 76-98, February.
    7. Shawn L. Ramirez, 2018. "Mediation in the shadow of an audience: How third parties use secrecy and agenda-setting to broker settlements," Journal of Theoretical Politics, , vol. 30(1), pages 119-146, January.
    8. David A. Welch, 2017. "The Justice Motive in East Asia’s Territorial Disputes," Group Decision and Negotiation, Springer, vol. 26(1), pages 71-92, January.
    9. Florian Justwan & Sarah K. Fisher, 2017. "Generalized Social Trust and International Dispute Settlement," International Interactions, Taylor & Francis Journals, vol. 43(5), pages 717-743, September.
    10. Canile D. D Williams, 2024. "Evaluating the Effectiveness of the ECOWAS Protocol on Democracy and Good Governance in Preventing the Resurgence of Military Coups in West Africa," International Journal of Research and Innovation in Social Science, International Journal of Research and Innovation in Social Science (IJRISS), vol. 8(1), pages 255-264, January.
    11. Michaela Mattes, 2018. "“Chipping Away at the Issuesâ€," Journal of Conflict Resolution, Peace Science Society (International), vol. 62(1), pages 94-118, January.
    12. Justwan Florian & Fisher Sarah K., 2017. "International Adjudication and Public Opinion in Territorial Disputes: Evidence from a Survey Experiment Using Amazon Mechanical Turk," Peace Economics, Peace Science, and Public Policy, De Gruyter, vol. 23(3), pages 1-18, August.
    13. David B. Carter & Paul Poast, 2017. "Why Do States Build Walls? Political Economy, Security, and Border Stability," Journal of Conflict Resolution, Peace Science Society (International), vol. 61(2), pages 239-270, February.
    14. David B Carter, 2017. "History as a double-edged sword," Politics, Philosophy & Economics, , vol. 16(4), pages 400-421, November.

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