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Political Disputes: Inter-State Dispute Settlement »

Shirley V Scott, Roberta C Andrade
1 ‘Political dispute’ is not a term of art in international law. Scholars have contested its meaning (eg Kelsen, 1966; Higgins, 1968; Gowlland-Debbas, 1994; Mu, 2014; Casas, 2019; John, 2021). Settlement of an international legal dispute via third-party dispute resolution can in contemporary international law be conceived of as one step in addressing what is usually a larger political dispute. As Shabtai Rosenne noted, ‘[l]itigation is but a phase in the unfolding of a political drama’ (1997, at 3). Understood in this way, every legal dispute is at the same time a...