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Interstate arbitration is commonly viewed as an essentially judicial process, suitable for the resolution of legal questions but inappropriate to deal with “political” issues. This conception, however, arguably flies in the face of both the origins and historical function of interstate arbitration and the complex legal-political nature of most interstate disputes. This paper offers an alternative account of interstate arbitration, which views it as a sui generis hybrid mechanism that combines “legal” and “diplomatic” dimensions to effectively resolve all aspects of interstate disputes. The paper examines this proposed account by analyzing four complex interstate territorial disputes that were submitted to arbitration and assessing the extent to which these two dimensions were recognized and employed, and how this may have affected the resolution of the disputes. Based on this analysis, the paper offers a two-dimensional operative framework intended to guide states and arbitrators in the resolution of future complex interstate disputes.

Interstate arbitration is commonly viewed as an essentially judicial process, suitable for the resolution of legal questions but inappropriate to deal with “political” issues. This conception, however, arguably flies in the face of both the origins and historical function of interstate arbitration and the complex legal-political nature of most interstate disputes. This paper offers an alternative account of interstate arbitration, which views it as a sui generis hybrid mechanism that combines “legal” and “diplomatic” dimensions to effectively resolve all aspects of interstate disputes. The paper examines this proposed account by analyzing four complex interstate territorial disputes that were submitted to arbitration and assessing the extent to which these two dimensions were recognized and employed, and how this may have affected the resolution of the disputes. Based on this analysis, the paper offers a two-dimensional operative framework intended to guide states and arbitrators in the resolution of future complex interstate disputes.

International boundaries inherited from colonialism have given room to territorial disputes and the existing boundary conflicts in the West African Region, and are an endemic feature of Nigeria's relations with her immediate neighbours. The thesis examines the 18 border disputes that Nigeria has been involved in since independence. The thesis begins by setting the scene in terms understanding Nigeria's foreign policy principles and objectives since independence and, in particular, its policy towards border disputes across the continent of Africa such as the Congo/Katanga, Uganda/Tanzania, Ethiopia/Somalia and Morocco/Algeria (chapter 2). The thesis then moves on to consider the underlying problems that have faced Nigeria as regards its borders as a result of colonisation (chapter 3). As the history is traced of the stages in the definition of Nigeria's boundaries, it becomes apparent that many border issues were unresolved or that decisions were made that were likely to be contested in the future. In chapter 4 the thesis turns to a detailed examination of the border disputes that have arisen in the last 43 years of independence between Nigeria and her close neighbours, Benin, Chad, Equatorial Guinea, Cameroon and Niger. Chapter 5 analyses the data provided. It finds that the way the dispute was handled was closely related to the regime type. Under the liberal democratic regimes of Balewa, Shagari, Obasanjo II, disputes were largely dealt with by diplomacy and negotiation. Whereas under the autocratic regimes of military leaders such as Generals Ironsi, Gowen, Muhammed, Obasanjo, Buhari, Babangida, Abacha's and Abubaker's the disputes brought a response of a threat of force or aggressive use of force. It concludes that liberal democracy profoundly affects how border disputes are handled and is a force for peace and stability.

China, Japan and South Korea are three big economies in Northeast Asia that are innegotiations for a trilateral Free Trade Agreement (FTA). A concluded FTA among them willcreate world’s third largest regional market that consists of of 1.52 billion people and thataccounts for 20% of world’s GDP. However the economic cooperation between the threecountries has constantly been interrupted by political issues that root back in the history of thethree countries. In the history the three countries have developed enemy images of oneanother, which have restrained their interaction over the years and influenced their currentrelationship. This thesis uses the enmification theory to explain how these enemy images andenmity feelings have emerged in the history and what impacts they have on political issuesand the economic cooperation between the three. Examples on political issues that are broughtup in this thesis are the recent intensified territorial disputes over Diaoyu/Senkaku islands andDokdo/Takeshima islands.

Submitted by Elesbão Santiago Neto (neto10uepb@cche.uepb.edu.br) on 2018-03-27T19:10:10Z No. of bitstreams: 1 PDF - Renally Késsia Paiva Nascimento.pdf: 61927714 bytes, checksum: 7b0ab1844454d841095f7d981085019b (MD5) / Made available in DSpace on 2018-03-27T19:10:11Z (GMT). No. of bitstreams: 1 PDF - Renally Késsia Paiva Nascimento.pdf: 61927714 bytes, checksum: 7b0ab1844454d841095f7d981085019b (MD5) Previous issue date: 2017-05-22 / CAPES / In 2014, satellites from the Philippines identified construction of large artificial structures by China on seven reefs on the disputed Spratly Islands, in the south China sea. It was the beginning of what would be called reef-islandization or construction of artificial islands. These structures are being designed to meet civil demands and for military purposes. As for this latter utility of artificial constructions, China has promoted a vague discourse, which in turn has contributed to escalating suspicions and tensions, which has drawn the attention of the world to Southeast Asia. Given this scenario, this paper aims to understand if the artificial islands are a risk response of China to the regional security dynamics of Southeast Asia. Through this, three specific objectives will be presented: to investigate which antecedent factors had the causal force to make China adopt the policy of construction of the artificial islands; Understand the prospect theory and its main definitions, and the functionality of the model of political legitimation; Describe what these artificial constructions are and what their role in China's territorial politics. The research is based on a qualitative methodology whose line of elaboration will be developed through two tools: descriptive and explanatory-exploratory. In addition to this, bibliographic tools will be used. In short, the dissertation will be worked over three chapters: in the first chapter a review of the literature on territorial disputes and prospect theory; the second chapter will address the context of artificial constructions and how China perceives itself within these territorial disputes.. Based on the analysis of the need to avoid future losses, the third chapter will address how China's dissatisfaction with the status quo of the dispute in the South China Sea led the country to accept risk policies in order to Change the dynamics of this territorial game. / Em 2014, satélites das Filipinas identificaram a construção de grandes estruturas artificiais pela China, em sete recifes, nas disputadas ilhas Spratly, no mar do sul da China. Era o começo do que se chamaria de reef-islandization ou construção de ilhas artificiais. Estas estruturas estão sendo projetadas a fim de atender, tanto demandas civis quanto militares. Para a esta última utilidade das construções artificiais, a China, tem promovido uma justificativa vaga, o que por sua vez tem contribuído para escalada de desconfianças e tensões, que tem atraído a atenção do mundo para o sudeste asiático. Diante deste cenário, o presente trabalho objetiva compreender se as ilhas artificiais são uma resposta de risco da China à dinâmica de segurança regional do sudeste asiático. Mediante a isto, três objetivos específicos serão apresentados: investigar quais fatores antecedentes tiveram força causal para fazer com que a China adotasse a política de construção das ilhas artificiais; entender a teoria do prospecto e suas principais definições, e a funcionalidade do modelo de legitimação política; descrever o que são essas construções artificiais e qual seu papel na política territorial da China. A pesquisa está pautada em uma metodologia qualitativa cuja linha de elaboração será desenvolvida através de duas ferramentas: descritiva e explicativo-exploratória. Somado a isto, serão utilizados instrumentos bibliográficos. Em suma, a dissertação será trabalhada ao longo de três capítulos: no primeiro capítulo será apresentadateoria do prospecto; o segundo capítulo abordará o contexto das construções artificiais e como a China se percebe no cenário de disputa atual. Partindo da analise de que se fazia necessário evitar futuras perdas à legitimidade do país, o terceiro capítulo abordará como a insatisfação da China frente ao status quo da disputa no sul do mar da China, conduziu o país a aceitar políticas de risco a fim de mudar a dinâmica deste jogo territorial.

Geography has been a central element in shaping conflict through the ages, and is especially important in determining which states fight, why they fight, when they fight, and more importantly, where they fight. Despite this, conflict literature has primarily focused on human geography while largely ignoring the geospatial context of ‘where' conflict occurs, or crucially, doesn't occur. Territorial disputes are highly salient issues that quite often result in militarized disputes. Terrain has been key to mitigating conflict even in the face of major variance in state capability and power projection. In this study I investigate how terrain characteristics interact with power projection, opportunity, and willingness and the impact this has across territorial disputes. Exploring terrain's interaction with these concepts and its effect among different types of conflict furthers our understanding of the questions listed above.

How do states determine which geographical areas will be included in their territorial and maritime claims? This article uses an in-depth case study of Taiwan's South China Sea claim to argue that national identity, as played out through party politics, is a dominant factor shaping Taiwan's territorial and maritime claims.

Internet has become the most efficient method in information dissemination, collaboration and interaction connecting diversity of people, places, ideas and cultures all around the world. With new communication and information technology, Internet has become a pragmatic way for NGOs to share their interests worldwide. Although NGOs have been utilizing the internet, the power of internet-activism is underestimated. Thus, this paper studies Internet-activism as the new method for NGOs to work in terms of territorial disputes. It specifically studies South Korea and Japan’s territorial disputes over Dokdo and Sea of Japan/East Sea that have been causing heated contention over a long time. It studies NGO’s different methods in raising awareness of this issue through a Korean cyber organization called VANK, Voluntary Agency Network of Korea. The purpose of this study is to prove that Internet-activism is an efficient and powerful method for NGOs.

<p>A number of puzzles exist regarding the role of domestic politics in the likelihood of international conflict. In particular, the sources of incomplete information remain under-theorized and the microfoundations deficient. This study will examine the role that the unity of the government and the views of the government towards the use of force play in the targeting of states. The theory presented argues that divided dovish governments are particularly likely to suffer from military challenges. In particular, divided governments have difficulty signaling their intentions, taking decisive action, and may appear weak. The theory will be tested on a new dataset created by the author that examines the theory in the context of international territorial disputes. A number of significant findings emerge from the data. First, divided governments are significantly more likely to face challenges and increasing government unity markedly decreases the likelihood of a challenge. Second, unified hawkish governments were far less likely to be the targets of challenges than divided dovish governments. Finally, the substantive impact of key variables was much greater than that of the control variables. The causal process postulated in the theory is examined in eight case studies, two for each of the four government types. These case studies show that government type not only impacts the signaling of democratic states but also influences the perceptions of potential challengers.</p> / Dissertation