Choosing a forum for peaceful dispute settlement

In: TranState working papers 153

Abstract

States engage in forum shopping when choosing a method for peaceful dispute settlement. As rational actors they weigh their options selecting either bilateral negotiations, a political third party or judicial means. The overarching concern of a government in combination with a forum's characteristics accounts for the specific choice in a given dispute. This paper develops an analytical framework identifying three distinct rationales guiding forum choice (1) achieving a favorable decision, (2) domestic leeway, and (3) gaining international visibility. This framework is applied to the Caribbean Sea boundary dispute between Nicaragua and Honduras. The case study clearly support the most central assumption of forum shopping that disputants choose the forum which they expect to award them a favorable decision.