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Islamic Law States and Peaceful Resolution of Territorial Disputes

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  • Powell, Emilia Justyna

Abstract

This article argues that specific characteristics of the domestic legal institutions of Islamic law states shape these states' choices of peaceful resolution methods in territorial disputes. After providing original data on the characteristics of Islamic legal structures, I systematically compare pertinent rules of international dispute resolution methods and Islamic law. I demonstrate empirically that not all Islamic law states view international settlement venues in the same way. Secular legal features, such as constitutional mentions of education, supreme court, or peaceful settlement of disputes have the power to attract these states to the most formal international venues—arbitration and adjudication. On the other hand, Islamic law states whose legal system is infused with Islamic religious precepts are attracted to less-formalized venues.

Suggested Citation

  • Powell, Emilia Justyna, 2015. "Islamic Law States and Peaceful Resolution of Territorial Disputes," International Organization, Cambridge University Press, vol. 69(4), pages 777-807, October.
    • Handle: RePEc:cup:intorg:v:69:y:2015:i:04:p:777-807_00
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    Citations

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    Cited by:

    1. Krista E Wiegand & Emilia Justyna Powell & Steven McDowell, 2021. "The Peaceful Resolution of Territorial Disputes dataset, 1945–2015," Journal of Peace Research, Peace Research Institute Oslo, vol. 58(2), pages 304-314, March.
    2. Monika Nalepa & Emilia Justyna Powell, 2016. "The Role of Domestic Opposition and International Justice Regimes in Peaceful Transitions of Power," Journal of Conflict Resolution, Peace Science Society (International), vol. 60(7), pages 1191-1218, October.
    3. Lisa L. Martin, 2021. "Formality, typologies, and institutional design," The Review of International Organizations, Springer, vol. 16(1), pages 175-182, January.
    4. Monika Nalepa & Emilia Justyna Powell, 2021. "Fragile democracies and constitutional crises: a laboratory for studying the role of constitutional constraints," Constitutional Political Economy, Springer, vol. 32(3), pages 273-277, September.
    5. Melissa Carlson & Barbara Koremenos, 2021. "Cooperation Failure or Secret Collusion? Absolute Monarchs and Informal Cooperation," The Review of International Organizations, Springer, vol. 16(1), pages 95-135, January.
    6. Kevin L. Cope & Charles Crabtree, 2020. "A Nationalist Backlash to International Refugee Law: Evidence from a Survey Experiment in Turkey," Journal of Empirical Legal Studies, John Wiley & Sons, vol. 17(4), pages 752-788, December.
    7. Emilia Justyna Powell & Steven Christian McDowell & Robert O’Brien & Julia Oksasoglu, 2021. "Islam-based legal language and state governance: democracy, strength of the judiciary and human rights," Constitutional Political Economy, Springer, vol. 32(3), pages 376-412, September.
    8. 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.
    9. Efrat Asif & Newman Abraham L., 2018. "Cultural Intolerance and Aversion to Foreign Judgments in the American States," Asian Journal of Law and Economics, De Gruyter, vol. 9(2), pages 1-15, August.

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