Wednesday, June 8, 2011

Chesterman: Resolving Territorial Disputes: Cambodia-Thailand, the South China Sea, and the Role of International Law

Simon Chesterman (National Univ. of Singapore - Law; New York Univ. - Law, Singapore Programme) has posted Resolving Territorial Disputes: Cambodia-Thailand, the South China Sea, and the Role of International Law. Here's the abstract:
International law - indeed, the present international order - is grounded on the concept of the modern state. The foundation of that state, and thus of international law, lies in the effort to limit conflict by agreeing on the inviolability of borders. International law assists in the avoidance or resolution of territorial disputes in four ways. Which of these tools is used will depend on the state concerned, but there is some interesting literature suggesting a link between the domestic legal regime of a state and the preferred dispute resolution method. This paper, presented at the 2011 Shangri-La Dialogue in Singapore, considers those tools in the context of two current examples: the Cambodia-Thailand border dispute and the competing claims over the South China Sea.