Monday, October 12, 2020

Roda Mushkat on China's Territorial Disputes: The Ongoing Quest for a Viable Explanatory Framework (Willamette J Int'l L & Dis Resl'n)

Roda Mushkat 
27 Willamette J Int'l L & Dispute Resolution 103-168
Published in 2020 
Abstract: Chinese post-revolutionary history, including the four decade-long reform era, has entailed an array of twists and turns with far-reaching implications for the Asia-Pacific region and world order. Numerous and intense border conflicts have been an integral part of this intricate dynamic. They have attracted a fair amount of, albeit arguably insufficient, attention on the part of international legal scholars and social scientists. The former have exhibited notable breadth and the latter commendable depth in addressing the subject. The analytical shortcomings manifesting themselves, however, have not been rectified. Moreover, the quality of output on the international law side of the divide has deteriorated alter 2010 and social scientists have failed to maintain impetus beyond that point in the cycle. Consequently, the marked discontinuities, a conceptually intriguing pattern, between the pre-2010 phase and the past decade have not been adequately delineated and theoretically exploited. The experience suggests that the challenges which manifold boundary conflicts pose, in this area and elsewhere, call for closer interdisciplinary collaboration and greater paradigmatic versatility.

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