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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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    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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