Conflict Management and Dispute Settlement in East Asia
Published Dec 14, Main Article Content Samanan Kittijarot. References Acharya, Amitav. Routledge: Oxon, New York: Routledge, Brittany Patterson. Malaysia Judgment of 17 December Florano, Ebinezer R.
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- Tout reste à faire (French Edition)?
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Jerger, David B. Kraichitti, Krit. Leviter, Lee. Lian, Koh Kheng.
Territorial Disputes in East Asia
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Regional Challenges and Cooperation
Ironically, or in a return to earlier history, some countries have used older indigenous processes like community moots gacaca in Rwanda to attempt to combine justice of the past with peace for the future. These new forms of institutions are hybrid because they draw on both public international law concepts international criminal law and national or indigenous processes. At the international level, negotiation between and among different countries, states and communities are as old as humankind and is a process now used by the countries in the world to negotiate treaties which are state commitments to not engage in war or other bad acts, or to positively collaborate on other activities, like poverty amelioration, environmental protection, anti-discrimination, health, education and cultural cooperation.
Modern international legal activity is often conducted in informal networks of negotiation and new forms of international administrative actions, rather than by formal courts or executive diplomacy. Mediation by international officials is now commonly used to try to resolve interstate conflicts before they escalate to war. Mediation and arbitration are both used in both public law and private, commercial law settings. Arbitration is used on an international level to resolve border and boundary disputes, private commercial cross-border disputes, and now disputes involving private investors in foreign countries.
Formal institutions like the World Trade Organization use arbitral processes and investment arbitration now represents a controversial hybrid, using arbitral processes, but relying on more public law principles and demands for transparency. Most informal dispute processes ultimately rely on the enforcement powers of national courts under international treaties, such as the New York Convention for the Recognition and Enforcement of Foreign Arbitral Awards or the Washington Convention for dispute processes for foreign investment disputes with states. At the level of everyday disputing, the European Union and some national court systems are now promoting various forms of ADR, such as those described here, to reduce long court delays and to provide consumer and even businesses different ways to resolve their disputes, including the promotion of Online Dispute Resolution computer platforms for trans border and national consumer disputes or disputes between citizens and states.
The expansion of different forms of dispute resolution has led to interesting issues and policy differences about whether conflicts and disputes belong to the parties, so they can privately choose their form of resolution, or whether conflict resolution should remain a public and transparent state function when the impact or precedent of a conflict resolution might be greater than just on the interested parties.
Conflict Management and Dispute Settlement in East Asia: 1st Edition (Hardback) - Routledge
Which process is appropriate in what settings depends on what the parties want to do, both in terms of what outcomes they seek, and how they want to deal with their fellow disputants. The evolution of human dispute processing is both more sensitive to different aspects of human conflicts, providing more flexible and different remedies, but also provides some complexity in assessing what process is best for what dispute.
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