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Introduction

Boundary and territorial disputes may evolve from his tor ical claims, or they may be brought on by com peti tion of resource ex ploita tion. Ethnic clashes continue to be respons ible for much of the territorial frag menta tion around the world. Disputes over islands at sea or in rivers frequently form the source of territorial and boundary conflicts. Other sources of con tention include access to water and mineral (espe cially pet ro leum) resources, fisheries, and arable land. Issues pertaining to the territorial control of sea areas have long been the subject of inter na tional law. There are signi fic ant dif fer ences in terms of the cre ation and success of institutions that are adopted to manae nat ural and envir on mental resources in crossborder areas. For example, Europe has had longstanding inter na tional organ iza tions to oversee the Danube and the Rhine rivers, and North Amer ica has seen about a century of bi lat eral US-Canadian and US-Mexican institutions for the management of cross-border water resources. However, there has been little success in the cross-border management of the rivers in the Middle East and South Asia. Even in water-rich river basins, low water flow during droughts may turn into a dispute between riparians with storage capa city.4 The “Helsinki Rules on the Uses of the Waters of International Rivers” (which is an inter national guideline regulating how rivers and their connected groundwaters that cross national bound ar ies may be used) was adopted by the International Law Association (ILA) in Helsinki, Finland in Au gust 1966; and the “Convention on the Law of Non-Navigational Uses of International Watercourses” (pertaining to the uses and conservation of all waters that cross inter na tional bound ar ies, including both surface and groundwater) is a docu ment adopted by the United Nations on May 21, 1997. However, there is still a lack of the formal status of the Rules and of the ratification of the Convention. Although there are some gen erally accepted rules of land boundary demarcation and of exten sion of territorial sea limits, com peti tion over the ex ploita tion of scarce underground and marine resources has gen er ated a number of interstate disputes around the globe. On Decem ber 10, 1982, the United Nations Convention on the Law of the Sea (UNCLOS) was opened for signature in Montego Bay, Jamaica, and entered into force on Novem ber 16, 1994. However, as of 2010, several states out of 159 ori ginal signatories have yet to ratify the UNCLOS; and certain coastal states have not yet stated that their maritime bound ar ies are determined by the UNCLOS prin ciples.5 Even in the signatory states, there are still cases in which different UNCLOS prin ciples are applied by neigh boring states in their respective claims over the joint (disputed) marine resources. Boundary and territorial disputes may vary in in tens ity – from managed or dorm ant to violent or militarized forms. In all cases, cross-border discord directly affects the sustenance and wel fare of local popu la tions. When a border war occurs, it often leaves the world com mun ity to cope with resultant refu gees, disease, impoverishment and envir on mental degradation. It should be noted that,

even though boundary and territorial disputes have high stakes, it is still pos sible for many states in dispute to cooperate with each other so that further crossborder conflicts can be avoided. According to a study conducted by Allee and Huth (2006, p. 14), approximately half of the world’s existing territorial disputes have been settled through bi lat eral (sometimes multi lateral) agreements or interna tional arbit ra tion, usually involving concessions by one or more of the contesting states. About 2,500 years ago, Sun Tzu (544-496 bc) wrote a book entitled The Art of War (sunzi bingfa). In contrast to Sun’s milit ary treatise that has long been revered as the definitive guide to strat egy and tactics on the battlefield, this is intended to provide a guide to the cessation of inter na tional hostilities and conflicts. Specifically, the present book focuses on inter na tional disputes over both land ter rit ories and water bodies that have been claimed by widely recog nized coun tries. These disputes include both milit ary disputes and territorial claims that will likely lead to milit ary disputes at a later stage. Structurally, this book contains five chapters, which are or gan ized as follows. Chapter 1 introduces some basic concepts relating to boundary and territorial disputes. Following a nar rat ive on the maritime boundary dispute in the Yellow Sea, this chapter reviews various techniques on boundary demarcation. It then identifies existing common errors in boundary description as well as their influences on the evolution of the boundary territorial disputes throughout the world. This is intended to provide details about where and when territorial disputes might potentially occur and how they can be technically averted. Using ten case studies differing in geographical, polit ical, eco nomic and cultural backgrounds, Chapter 2 sets out to test the multivariate determinants of territorial disputes and cross-border wars. To this end, I classify various con ditions and circumstances under which boundary and territorial disputes could evolve from dormancy to activation. Specifically, I ana lyze five indi vidual factors – resource scarcity, locational feature, do mestic pol itics, geopolit ical com peti tion and cultural dif fer ence – and how they have de cisively influenced the crossborder ten sions in the disputed ter rit ories throughout the world. Chapter 3 provides details about how states have coped with their boundary and territorial disputes in order to minimize or reduce the risk of conflicts and wars. Specifically, six dispute-settlement schemes (i.e. fair division scheme, joint management scheme, inter na tional peace park, neutral zone, buffer zone and demilitarized zone) can be applied to the effect ive res olu tion of territorial disputes and cross-border resource management. The charac ter istics of these schemes are clarified, and the case studies in which each scheme has been successfully applied are briefly narrated. In the last section, the ad vant ages and disadvant ages of the six schemes are compared. In order to help policy makers and practitioners reach an agreement on territorial dispute settlement, Chapter 4 presents five settlement-negotiating mech - anisms (or techniques or styles), which are round table talk, third-party medi ation, inter na tional arbit ra tion, litigation at inter na tional court and shelving disputes strat egy. The case studies in which each negotiating technique has been

successfully applied are briefly narrated and reviewed. A qualit at ive cost-bene fit comparison of these negotiating techniques is conducted in the last section. Finally, in Chapter 5, a step-by-step flowchart is suggested for policy makers and practitioners involved in inter na tional boundary and territorial disputes. It provides a roadmap for national and local gov ern ments to achieve peace, stability and cross-border eco nomic coopera tion in inter na tional disputed areas. At the end of each chapter, there is an appendix. These appendixes are designed to present data and in forma tion relating to existing inter na tional boundary and territorial disputes (Appendixes I and II-1), various technical and methodo logical details about the pre ven tion and res olu tion of inter na tional border and territorial disputes (Appendixes II-2 and III), as well as a description of how the International Court of Justice (ICJ) works (Appendix IV) and a list of selected laws, treat ies and docu ments relating to wars (Appendix V). A classic work on Confucianism, The Great Learning (daxue) consists of a short main text and ten fol low ing commentary chapters, with the main idea being educating people on how to conduct self-cultivation and to reach the realm of the highest good in feudal ethics of Confucianism. In the book, the thoughts on “self cultivation, family regulation, state governing, and peace seeking in the whole world” were seen as a golden rule for a state leader’s moral cultivation. The main text reads:

The ancients who wished to illus trate illustrious virtue throughout the world, first ordered well their own states. Wishing to order well their states, they first regulated their fam il ies. Wishing to regulate their fam il ies, they first cultivated their persons. Wishing to cultivate their persons, they first rectified their hearts. Wishing to rectify their hearts, they first sought to be sincere in their thoughts. Wishing to be sincere in their thoughts, they first extended to the utmost their know ledge. Such exten sion of know ledge lay in the investigation of things. Things being investigated, know ledge became complete. Their know ledge being complete, their thoughts were sincere. Their thoughts being sincere, their hearts were then rectified. Their hearts being rectified, their persons were cultivated. Their persons being cultivated, their fam il ies were regulated. Their fam il ies being regulated, their states were rightly gov erned. Their states being rightly gov erned, the entire world was at peace.