Regional Dispute Settlement

Forthcoming in Karen J. Alter and Liesbet Hooghe “Regional Dispute Settlement Systems” in Tanja A. Börzel/Thomas Risse (eds.), Oxford Handbook of Comparative Regionalism (Oxford: Oxford University Press, 2016: 538-558).

iCourts Working Paper Series, No 62

25 Pages Posted: 13 May 2016

See all articles by Karen J. Alter

Karen J. Alter

Northwestern University - Department of Political Science; University of Copenhagen, Faculty of Law - iCourts Center of Excellence

Liesbet Hooghe

University of North Carolina at Chapel Hill, Political Science Department; European University Institute - Robert Schuman Centre for Advanced Studies (RSCAS)

Date Written: May 10, 2016

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

Suggested Citation

Alter, Karen J. and Hooghe, Liesbet, Regional Dispute Settlement (May 10, 2016). Forthcoming in Karen J. Alter and Liesbet Hooghe “Regional Dispute Settlement Systems” in Tanja A. Börzel/Thomas Risse (eds.), Oxford Handbook of Comparative Regionalism (Oxford: Oxford University Press, 2016: 538-558).; iCourts Working Paper Series, No 62. Available at SSRN: https://ssrn.com/abstract=2777977 or http://dx.doi.org/10.2139/ssrn.2777977

Karen J. Alter (Contact Author)

Northwestern University - Department of Political Science ( email )

601 University Place
Evanston, IL 60208
United States

University of Copenhagen, Faculty of Law - iCourts Center of Excellence ( email )

Karen Blixens Plads 16
Copenhagen, DK-2300
Denmark

Liesbet Hooghe

University of North Carolina at Chapel Hill, Political Science Department ( email )

Chapel Hill, NC 27599
United States

European University Institute - Robert Schuman Centre for Advanced Studies (RSCAS) ( email )

Villa Schifanoia, Via Boccaccio 121
50016 San Domenico di Fiesole
Florence, Florence 50014
Italy

HOME PAGE: http://https://hooghe.web.unc.edu

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