Regional Dispute Settlement

Abstract

This chapter argues that the rise in regional courts is a game changer in regionalism that stands for more than just a commitment to use legal means to resolve economic disputes; it signals a commitment to uphold specific community values. Contrary to earlier waves of regionalism, many of these courts are not primarily engaged with trade. Instead, they are often activated to adjudicate cases involving good governance, human rights violations, as well as economic issues. But as we will see, their incidence and use across the globe is uneven. We place this development against the backdrop of a general rise in judicialized regional dispute settlement compared to so-called alternative dispute settlement mechanisms like negotiation, good offices, mediation, and binding arbitration. Most people see the lack of a regional court as signifying an aversion to legalized adjudication of disputes.

Keywords: regional integration, regionalism, international courts, international dispute settlement