On the Establishment of a Regional Permanent Mediation Mechanism for Disputes Among East and Southeast Asian Countries

Chang-fa Lo ()
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Chang-fa Lo: Constitutional Court

Chapter Chapter 20 in Legal Thoughts between the East and the West in the Multilevel Legal Order, 2016, pp 335-351 from Springer

Abstract: Abstract In the Western world, there have been quite a number of regional courts with specific or general jurisdictions to resolve regional disputes between States or between individuals and States in the respective regions. In Asia, there are disputes occurred between Asian countries. However, there is a lack of a regional dispute settlement mechanism available for Asian countries to rely on for resolving their disputes. Some Asian countries do not intend to multilateralize their disputes by submitting their regional disputes to a multilateral dispute settlement mechanism. Hence there is a need to create a permanent regional mechanism for the purpose of resolving regional disputes. From the Western experience, a rule-based mechanism should be more effective. But from Asian philosophy, a friendlier mechanism is more practical for the purpose of maintaining harmonious relations. The chapter suggests to establish a permanent mediation mechanism under a new regional treaty to facilitate the voluntary resolution of Asian regional disputes with a certain degree of rule-based feature. This could be a medium-term solution. In the long run, a court-style dispute settlement mechanism should be desirable for the Asian community.

Keywords: Court-style dispute settlement mechanism; Dispute settlement mechanism; Regional court; Regional dispute; Regional mediation mechanism (search for similar items in EconPapers)
Date: 2016
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Persistent link: https://EconPapers.repec.org/RePEc:spr:eclchp:978-981-10-1995-1_20

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DOI: 10.1007/978-981-10-1995-1_20

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