The Law Behind Dispute Onset: How Legal Uncertainty Drives Maritime Boundary Disputes
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View abstract on PubMed
Summary
This summary is machine-generated.Legal uncertainty in international law, particularly concerning maritime boundaries, increases the likelihood of state disputes. This study finds that periods of unclear rules and interpretations often lead to excessive unilateral claims and conflict.
Area Of Science
- International Law
- International Relations
- Legal Studies
Background
- Multilateral conventions and adjudication in international law can create periods of legal uncertainty.
- This uncertainty arises from alternative rules and divergent interpretations of how laws should be applied.
Purpose Of The Study
- To investigate the relationship between legal uncertainty and the likelihood of international disputes.
- To analyze how legal uncertainty influences states' formulation of unilateral claims.
Main Methods
- Comprehensive analysis of maritime boundary disputes post-World War II.
- Examination of periods marked by varying degrees of uncertainty in maritime boundary law.
Main Results
- High legal uncertainty is strongly associated with an increased probability of dispute onset.
- States are more prone to making excessive unilateral claims during times of legal uncertainty.
Conclusions
- Legal uncertainty, stemming from evolving international law, directly contributes to the rise of international disputes.
- The findings necessitate a reevaluation of the impact of legalization on international affairs, including maritime boundary delimitation.
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