A New Approach for the Settlement of Regional Disputes to Maintain Dynamic Stability—A Selective Elaboration of the Draft Agreement on the Establishment of the Asia-Pacific Regional Mediation Organization

Asian Journal of WTO & International Health Law and Policy, Vol. 13, No. 1, pp. 27-46, March 2018

20 Pages Posted: 17 Apr 2018

See all articles by Chang-fa Lo

Chang-fa Lo

National Taiwan University

Janice Lee

Queen Mary University of London; University of the Philippines College of Law

Date Written: March 30, 2018

Abstract

The Draft “Agreement on the Establishment of the Asia-Pacific Regional Mediation Organization” (hereinafter “ARMO Agreement”) and its supplementary Draft “Rules of Procedure for Mediation Conducted under the Asia-Pacific Regional Mediation Organization” coauthored by eleven Asia-Pacific like-minded colleagues have been released. This paper aims to provide some background information and elaborate on the essential features of the ARMO Agreement. It discusses the following elements and principles embedded in the text: the expectation of achieving a dynamic and prosperous stability in the region; the encouragement mechanism for countries to participate in the organization; the broad scope of its jurisdiction; the maintenance of ultimate control by the parties in entering into the procedure and concluding the settlement agreement; its additional complementary functions to support other international agreements; the elements of impartiality, efficiency, flexibility and quality assurance underlying the Asia-Pacific Regional Mediation Organization (hereinafter “ARMO”) mechanism; and the minimalism in its institutional and financial arrangements. The paper concludes that the new ARMO mechanism is in line with the traditionally non-litigious attitude of most Asian countries in their international relations and should be practical and useful for the Asia-Pacific community to resolve their disputes.

Keywords: ad hoc mediation, ARMO, Asia-Pacific region, institutional mediation, mediation, State-to-State dispute settlement

Suggested Citation

Lo, Chang-fa and Lee, Janice, A New Approach for the Settlement of Regional Disputes to Maintain Dynamic Stability—A Selective Elaboration of the Draft Agreement on the Establishment of the Asia-Pacific Regional Mediation Organization (March 30, 2018). Asian Journal of WTO & International Health Law and Policy, Vol. 13, No. 1, pp. 27-46, March 2018. Available at SSRN: https://ssrn.com/abstract=3153323

Chang-fa Lo (Contact Author)

National Taiwan University ( email )

1 Sec. 4, Roosevelt Road
Taipei 106, 106
Taiwan

Janice Lee

Queen Mary University of London ( email )

United Kingdom

University of the Philippines College of Law ( email )

Malcom Hall
University of the Philippines, Diliman
Quezon City
Philippines

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