Author:
Powell Emilia Justyna,Wiegand Krista E.
Abstract
Abstract
Chapter 7 focuses on the application of the within-venue strategic selection stage, not only for the proposer state, but also for the target state that has agreed to a resolution process. The discussion in this chapter further expounds and illustrates the causal mechanisms at the core of the book’s theory in the context of strategic selection’s second stage. The discussion relies exclusively on qualitative data, primarily interviews, with a heavy focus on the Philippines v. China arbitration case. The main takeaway from interviews with a variety of experts and those involved in dispute resolution is that states are indeed strategic when planning the details of settlement as they filter a dispute through a particular peaceful resolution method. Since no disputant is able to predict the settlement outcome with certainty—especially in arbitration and adjudication—the careful framing of claims and shaping of the resolution procedures are critical.
Publisher
Oxford University PressNew York
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