ABSTRACT

Writings on the anthropology of law often rest on notions of social evolution. These works often place dispute-resolution forums on a scale, so that self-help and negotiation are commonly placed at the starting-point on an evolutionary continuum towards civilization. Then, with development, societies are shown to move along from these bilateral means, to mediation, arbitration, and adjudication. In this paper, the author argues that preferences for ranking dispute-resolution forums change with the 'civilizing mission' of major power-holders. Indeed, from a preliminary sampling of international negotiation in water disputes, it appears as if the ranking preference for dispute-handling forums changes to mirror the distribution of international power. In the present context, it appears that a new standard of international negotiations is being promoted as the older standard of adjudication/arbitration in the World Court has become less useful to the more powerful nations of the world.