Concept Paper on the Creation of a Permanent 'Asia-Pacific Regional Mediation Organization' for State-to-State (Economy-to-Economy) Disputes
Contemporary Asia Arbitration Journal, Vol. 10, No. 2, pp. 321-336, November 2017
16 Pages Posted: 13 Dec 2017
Date Written: November 30, 2017
Abstract
There are many permanent regional dispute settlement mechanisms (DSM) in other regions. But in the Asia-Pacific region, there has not be a permanent DSM to resolve their regional disputes. We consider that the Asia-Pacific region is uniquely positioned to take global leadership in providing non-adjudicated solutions to some of the most pressing global and regional issues. We argue that the region has the capacity to offer an alternative, less rights-and-power-based approach to peaceful co-existence. We thus propose to create a new, permanent DSM of the Asia-Pacific Regional Mediation Organization (ARMO) for the mediated resolution of State-to-State (Economy-to-Economy) disputes in the Asia-Pacific region.
Keywords: Asia-Pacific region, Asia-Pacific Regional Mediation Organization (ARMO), bilateral investment treaty (BIT), dispute settlement mechanism (DSM), free trade agreement (FTA), peaceful co-existence, State-to-State dispute
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