Settling International Disputes Through Mediation—Establishing a New International Organization in Asia Pacific and Jurisdictional Issues
Asian Journal of WTO & International Health Law and Policy, Vol. 13, No. 1, pp. 81-112, March 2018
32 Pages Posted: 17 Apr 2018
Date Written: March 30, 2018
Merits and demerits of conventional Dispute Settlement Mechanisms (DSMs) with legally binding force and strict confinement of governing law, followed by stringent penalties and retaliation, have prompted states to realize the benefit of flexible and non-binding dispute settlement proceedings in settling international disputes. Against this backdrop, the Asia-Pacific Regional Mediation Organization (hereinafter “ARMO”) Agreement is now being contemplated to administer mediation proceedings to the Asia-Pacific region. Introduction of mediation through a regional international organization also requires interested states to look into a wide range of associated legal issues, most notably issues relating to the jurisdiction of the organization and/or mediation panels. All these jurisdictional issues require careful consideration and analyses. An initial study indicates that with careful consideration and proper preparation jurisdictional issues can be addressed properly in a way that sets the tone for a successful launch of the ARMO.
Keywords: mediation, conciliation, international organization, dispute settlement mechanism, personal jurisdiction, subject matter jurisdiction
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