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Legal Systems and Peaceful Attempts to Resolve Territorial Disputes

Emilia Justyna Powell and Krista E. Wiegand
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Emilia Justyna Powell: University of Alabama, USA, emiliapowell@georgiasouthern.edu
Krista E. Wiegand: Georgia Southern University, USA, kwiegand@georgiasouthern.edu

Conflict Management and Peace Science, 2010, vol. 27, issue 2, 129-151

Abstract: This paper focuses on how domestic legal systems influence states’ choices of peaceful dispute resolution methods. In order to increase familiarity with rules of peaceful resolution of disputes, states use their domestic legal systems to provide them with clues about the most trustworthy ways to settle disputes. States tend to choose methods of dispute resolution that are similar to those embedded in their domestic legal systems. Empirical analyses support the conjecture of a linkage between domestic law and interstate conflict management methods, showing that civil law dyads prefer more legalized dispute resolution methods compared to common law dyads. Islamic law dyads are most likely to use nonbinding third party methods, while common law dyads tend to resolve their territorial disputes through bilateral negotiations.

Keywords: adjudication; dispute resolution; legal system; negotiations; territorial dispute (search for similar items in EconPapers)
Date: 2010
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Persistent link: https://EconPapers.repec.org/RePEc:sae:compsc:v:27:y:2010:i:2:p:129-151

DOI: 10.1177/0738894209343979

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