Enhancing Mediation in the Asia-Pacific: The Interaction of the ARMO Regime with Existing Dispute Settlement Mechanisms

Asian Journal of WTO & International Health Law and Policy, Vol. 13, No. 1, pp. 63-80, March 2018

18 Pages Posted: 17 Apr 2018

See all articles by Lisa Toohey

Lisa Toohey

University of Newcastle Law School, Australia

Date Written: March 30, 2018

Abstract

The intense economic, physical and social interconnectedness of many parts of the Asia-Pacific, as well as the complex historical political context in which many of the modern state boundaries involved, makes it is unsurprising that the region is also home to some of the world’s most complex and difficult international disputes. The Asia-Pacific is well-served by international legal mechanisms for the resolution of these disputes. However, at the same time, there is increasing awareness of the importance of non-determinative dispute settlement processes, especially mediation, and a growing tide of attention paid by international organisations to broader and more effective use of mediation to address the full range of international law disputes.

The treaty initiative for the creation of the proposed Asia-Pacific Regional Mediation Organization (ARMO) is therefore as timely as it is significant. This article examines the interaction of the Agreement on the Establishment of the Asia-Pacific Regional Mediation Organization and the Rules of Procedure for Mediation Conducted under the Asia-Pacific Regional Mediation Organization with existing treaty regimes and dispute settlement mechanisms presently available to the region.

Keywords: international dispute settlement, ASEAN, WTO, International Court of Justice, mediation, adjudication

Suggested Citation

Toohey, Lisa, Enhancing Mediation in the Asia-Pacific: The Interaction of the ARMO Regime with Existing Dispute Settlement Mechanisms (March 30, 2018). Asian Journal of WTO & International Health Law and Policy, Vol. 13, No. 1, pp. 63-80, March 2018. Available at SSRN: https://ssrn.com/abstract=3153308

Lisa Toohey (Contact Author)

University of Newcastle Law School, Australia ( email )

1 University Drive
Callaghan, 2308
Australia

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