A border dispute involves disagreements and conflicts over the definition of land or territorial waters between two or more states. These disputes often involve competing material and cultural claims, exacerbated by economic competition, environmental change or encroachments on territory. They may be resolved through diplomatic or political negotiations and/or the binding decision of a boundary settlement body such as an international court or arbitration tribunal. Under certain conditions, they can also evolve into geopolitical games of great-power competition or confrontation.
Whether arising from historical claims, differing interpretations of a geographic feature, land encroachments or insufficiently defined legal descriptions, these disputes can spawn significant diplomatic and military tensions as well as significant commercial, economic and social challenges for the countries involved. In addition to being the source of friction between States, they are also often a major obstacle for companies that seek to invest in, explore and exploit natural resources in or across disputed frontiers.
Having a clear legal strategy and experienced guidance are crucial in order to manage cross-border disputes efficiently and effectively – while protecting long-term interests. This is particularly important in the case of disputed maritime territories, where there is a high risk of litigation due to complex international law issues and the need for the resolution of disputes through international mechanisms. Drafting clear dispute resolution clauses that identify governing law, jurisdiction, arbitral venue and seat, and conducting pre-dispute risk assessments are essential steps to help prevent or mitigate the effects of a potential future boundary dispute.