IDEAS home Printed from https://ideas.repec.org/h/spr/eclchp/978-981-10-1995-1_20.html
   My bibliography  Save this book chapter

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

In: Legal Thoughts between the East and the West in the Multilevel Legal Order

Author

Listed:
  • Chang-fa Lo

    (Constitutional Court)

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.

Suggested Citation

  • Chang-fa Lo, 2016. "On the Establishment of a Regional Permanent Mediation Mechanism for Disputes Among East and Southeast Asian Countries," Economics, Law, and Institutions in Asia Pacific, in: Chang-fa Lo & Nigel N.T. Li & Tsai-yu Lin (ed.), Legal Thoughts between the East and the West in the Multilevel Legal Order, chapter 0, pages 335-351, Springer.
    • Handle: RePEc:spr:eclchp:978-981-10-1995-1_20
    DOI: 10.1007/978-981-10-1995-1_20
    as

    Download full text from publisher

    To our knowledge, this item is not available for download. To find whether it is available, there are three options:
    1. Check below whether another version of this item is available online.
    2. Check on the provider's web page whether it is in fact available.
    3. Perform a search for a similarly titled item that would be available.

    Corrections

    All material on this site has been provided by the respective publishers and authors. You can help correct errors and omissions. When requesting a correction, please mention this item's handle: RePEc:spr:eclchp:978-981-10-1995-1_20. See general information about how to correct material in RePEc.

    If you have authored this item and are not yet registered with RePEc, we encourage you to do it here. This allows to link your profile to this item. It also allows you to accept potential citations to this item that we are uncertain about.

    We have no bibliographic references for this item. You can help adding them by using this form .

    If you know of missing items citing this one, you can help us creating those links by adding the relevant references in the same way as above, for each refering item. If you are a registered author of this item, you may also want to check the "citations" tab in your RePEc Author Service profile, as there may be some citations waiting for confirmation.

    For technical questions regarding this item, or to correct its authors, title, abstract, bibliographic or download information, contact: Sonal Shukla or Springer Nature Abstracting and Indexing (email available below). General contact details of provider: http://www.springer.com .

    Please note that corrections may take a couple of weeks to filter through the various RePEc services.

    IDEAS is a RePEc service. RePEc uses bibliographic data supplied by the respective publishers.