The Use of Arbitration To Settle Territorial Disputes Carla S. Copeland

INTRODUCTION

Ever since Great Britain and a recently independent United States agreed to submit a border dispute to arbitration in 1794, in accordance with the Jay Treaty,’ international arbitration has proved a useful

method of settling limited territorial disputes between nations.2 One of the most attractive features of arbitration is that the proceedings are generally conducted in ad hoc courts of arbitration specificallydesigned to deal with a particular dispute.3 The parties can participate in defining the issue to be adjudicated, and they have the power toselect the arbitrators, the forum, and the rules of procedure that willbe used to settle the dispute.4 Arbitration also provides the parties with the option of holding hearings in secret.5 Thus, arbitration pro- vides an appealing forum for nations that have decided to resolve their differences through peaceful means because it is much more flex-ible than a permanent court and allows the parties to maintain more control over the proceedings.’

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