Author: Ramses Amer
Publisher: Routledge
ISBN: 1317162161
Category : Law
Languages : en
Pages : 243
Book Description
Through a multi-disciplinary approach, this volume studies the management and settlement of conflict and disputes in East Asia. Conflict and disputes exist everywhere in human society. The management and settlement of them has become an imperative. This volume is a significant contribution to a broader understanding of the complexities involved in managing and settling disputes and conflicts at regional, inter-state and intra-state levels in the East Asian region. Drawing on expertise in Peace and Conflict, International Relations, and International Law the volume presents to the reader a general picture of how conflict can be managed at the international and regional levels through various mechanisms, in particular, through prominent regional organizations such as ASEAN. It then moves on to case studies at the regional level including inter-state and intra-state conflicts and disputes. The last part of the volume highlights how states resolve their maritime disputes. This has drawn much attention from the international community due to various factors such as the increasing demand for natural resources from the oceans. These disputes disrupt the smooth development of international relations as well as trigger tensions and confrontation between states.
Conflict Management and Dispute Settlement in East Asia
Author: Ramses Amer
Publisher: Routledge
ISBN: 1317162161
Category : Law
Languages : en
Pages : 243
Book Description
Through a multi-disciplinary approach, this volume studies the management and settlement of conflict and disputes in East Asia. Conflict and disputes exist everywhere in human society. The management and settlement of them has become an imperative. This volume is a significant contribution to a broader understanding of the complexities involved in managing and settling disputes and conflicts at regional, inter-state and intra-state levels in the East Asian region. Drawing on expertise in Peace and Conflict, International Relations, and International Law the volume presents to the reader a general picture of how conflict can be managed at the international and regional levels through various mechanisms, in particular, through prominent regional organizations such as ASEAN. It then moves on to case studies at the regional level including inter-state and intra-state conflicts and disputes. The last part of the volume highlights how states resolve their maritime disputes. This has drawn much attention from the international community due to various factors such as the increasing demand for natural resources from the oceans. These disputes disrupt the smooth development of international relations as well as trigger tensions and confrontation between states.
Publisher: Routledge
ISBN: 1317162161
Category : Law
Languages : en
Pages : 243
Book Description
Through a multi-disciplinary approach, this volume studies the management and settlement of conflict and disputes in East Asia. Conflict and disputes exist everywhere in human society. The management and settlement of them has become an imperative. This volume is a significant contribution to a broader understanding of the complexities involved in managing and settling disputes and conflicts at regional, inter-state and intra-state levels in the East Asian region. Drawing on expertise in Peace and Conflict, International Relations, and International Law the volume presents to the reader a general picture of how conflict can be managed at the international and regional levels through various mechanisms, in particular, through prominent regional organizations such as ASEAN. It then moves on to case studies at the regional level including inter-state and intra-state conflicts and disputes. The last part of the volume highlights how states resolve their maritime disputes. This has drawn much attention from the international community due to various factors such as the increasing demand for natural resources from the oceans. These disputes disrupt the smooth development of international relations as well as trigger tensions and confrontation between states.
Conflict Management and Dispute Settlement in East Asia
Author: Ramses Amer
Publisher: Routledge
ISBN: 1317162153
Category : Law
Languages : en
Pages : 224
Book Description
Through a multi-disciplinary approach, this volume studies the management and settlement of conflict and disputes in East Asia. Conflict and disputes exist everywhere in human society. The management and settlement of them has become an imperative. This volume is a significant contribution to a broader understanding of the complexities involved in managing and settling disputes and conflicts at regional, inter-state and intra-state levels in the East Asian region. Drawing on expertise in Peace and Conflict, International Relations, and International Law the volume presents to the reader a general picture of how conflict can be managed at the international and regional levels through various mechanisms, in particular, through prominent regional organizations such as ASEAN. It then moves on to case studies at the regional level including inter-state and intra-state conflicts and disputes. The last part of the volume highlights how states resolve their maritime disputes. This has drawn much attention from the international community due to various factors such as the increasing demand for natural resources from the oceans. These disputes disrupt the smooth development of international relations as well as trigger tensions and confrontation between states.
Publisher: Routledge
ISBN: 1317162153
Category : Law
Languages : en
Pages : 224
Book Description
Through a multi-disciplinary approach, this volume studies the management and settlement of conflict and disputes in East Asia. Conflict and disputes exist everywhere in human society. The management and settlement of them has become an imperative. This volume is a significant contribution to a broader understanding of the complexities involved in managing and settling disputes and conflicts at regional, inter-state and intra-state levels in the East Asian region. Drawing on expertise in Peace and Conflict, International Relations, and International Law the volume presents to the reader a general picture of how conflict can be managed at the international and regional levels through various mechanisms, in particular, through prominent regional organizations such as ASEAN. It then moves on to case studies at the regional level including inter-state and intra-state conflicts and disputes. The last part of the volume highlights how states resolve their maritime disputes. This has drawn much attention from the international community due to various factors such as the increasing demand for natural resources from the oceans. These disputes disrupt the smooth development of international relations as well as trigger tensions and confrontation between states.
Conflict Management and Dispute Settlement in East Asia
Author: Ramses Amer
Publisher:
ISBN: 9781315573397
Category : Conflict management
Languages : en
Pages : 228
Book Description
Publisher:
ISBN: 9781315573397
Category : Conflict management
Languages : en
Pages : 228
Book Description
Conflict Resolution in Asia
Author: Stephanie P. Stobbe
Publisher: Lexington Books
ISBN: 1498566448
Category : Political Science
Languages : en
Pages : 285
Book Description
Conflict Resolution in Asia: Mediation and Other Cultural Models is an exploration of human interaction, conflict, and conflict resolution in the incredibly diverse region that consists of South, East, and Southeast Asia. It examines how traditional, indigenous, and culturally based conflict resolution processes interact with more formal legal systems to build infrastructures that address conflicts at the interpersonal to international levels in ways that maintain social harmony. This book provides insight into situations where unique cultures come together to create a larger cultural identity, and how constructive and appropriate conflict resolution systems can work every day to establish positive relationships and overall peace in these complex communities. It demonstrates the importance of culture in addressing conflict and conflict resolution, and validates the significance of culturally appropriate processes in building and sustaining peace. From Southeast Asia, a survey of Indonesia, Laos, Philippines, Thailand, Singapore, and Vietnam highlights their rich cultures and conflict resolution processes. From East Asia, Mainland China and Hong Kong show the history of traditional models and the incorporation of mediation within a more formal legal system. Finally, a section on South Asia examines customary methods of dispute resolution working alongside a judiciary structure in India. These nine countries represent very different cultural groups with complex national histories, and varying degrees of influence from Western powers. Using select Asian nations as case studies of conflict resolution systems, this edited book examines the power of mediation and other cultural conflict resolution models as a tool for addressing conflicts and social justice.
Publisher: Lexington Books
ISBN: 1498566448
Category : Political Science
Languages : en
Pages : 285
Book Description
Conflict Resolution in Asia: Mediation and Other Cultural Models is an exploration of human interaction, conflict, and conflict resolution in the incredibly diverse region that consists of South, East, and Southeast Asia. It examines how traditional, indigenous, and culturally based conflict resolution processes interact with more formal legal systems to build infrastructures that address conflicts at the interpersonal to international levels in ways that maintain social harmony. This book provides insight into situations where unique cultures come together to create a larger cultural identity, and how constructive and appropriate conflict resolution systems can work every day to establish positive relationships and overall peace in these complex communities. It demonstrates the importance of culture in addressing conflict and conflict resolution, and validates the significance of culturally appropriate processes in building and sustaining peace. From Southeast Asia, a survey of Indonesia, Laos, Philippines, Thailand, Singapore, and Vietnam highlights their rich cultures and conflict resolution processes. From East Asia, Mainland China and Hong Kong show the history of traditional models and the incorporation of mediation within a more formal legal system. Finally, a section on South Asia examines customary methods of dispute resolution working alongside a judiciary structure in India. These nine countries represent very different cultural groups with complex national histories, and varying degrees of influence from Western powers. Using select Asian nations as case studies of conflict resolution systems, this edited book examines the power of mediation and other cultural conflict resolution models as a tool for addressing conflicts and social justice.
Promoting Compliance
Author: Robert Beckman
Publisher: Cambridge University Press
ISBN: 1316546381
Category : Law
Languages : en
Pages : 327
Book Description
The reputation and achievement of the ASEAN Community hinges on compliance. This seminal book discusses whether ASEAN's faith in dispute settlement and monitoring mechanisms as a means to better compliance is justified and delves into the extent to which they can facilitate ASEAN Community building. It provides the first comprehensive and systematic analysis of ASEAN's compliance with its instruments, and enables readers to see ASEAN as an organisation increasingly based on law and institutions. Readers will also learn how ASEAN balances a thin line between law and institutions on the one hand and diplomacy and realism on the other. Scholars of adjudicatory mechanisms will find this book a fascinating addition to the literature available, and it will serve as a 'go-to' reference for ASEAN state agencies. The book will also interest academics and practitioners working on comparative and cross-disciplinary studies of dispute settlement, monitoring mechanisms, compliance, and international and regional organisations.
Publisher: Cambridge University Press
ISBN: 1316546381
Category : Law
Languages : en
Pages : 327
Book Description
The reputation and achievement of the ASEAN Community hinges on compliance. This seminal book discusses whether ASEAN's faith in dispute settlement and monitoring mechanisms as a means to better compliance is justified and delves into the extent to which they can facilitate ASEAN Community building. It provides the first comprehensive and systematic analysis of ASEAN's compliance with its instruments, and enables readers to see ASEAN as an organisation increasingly based on law and institutions. Readers will also learn how ASEAN balances a thin line between law and institutions on the one hand and diplomacy and realism on the other. Scholars of adjudicatory mechanisms will find this book a fascinating addition to the literature available, and it will serve as a 'go-to' reference for ASEAN state agencies. The book will also interest academics and practitioners working on comparative and cross-disciplinary studies of dispute settlement, monitoring mechanisms, compliance, and international and regional organisations.
ADR in Business
Author: Jean-Claude Goldsmith
Publisher: Kluwer Law International B.V.
ISBN: 904113414X
Category : Law
Languages : en
Pages : 690
Book Description
Whether the andAand stands for andappropriateand, andamicableand, or andalternativeand, all out of court dispute resolution modes, collected under the banner term andADRand, aim to assist the business world in overcoming relational differences in a truly manageable way. The first edition of this book (2006) contributed to a global awareness that ADR is important in its own right, and not simply as a substitute for litigation or arbitration. Now, drawing on a wealth of new sources and developments, including the flourishing of hybrid forms of ADR, the subject matter has been largely augmented and expanded on two fronts: in-depth analysis (both descriptive and comparative) of methodology, expectations and outcomes and extended geographical coverage across all continents. As a result, in this book twenty-nine andintertwined but variegatedand essays (to use the editorands characterization) provide substantial insight in such specific topics as: ADRands flexible procedures as controlled by the parties; ADRands facilitation of the continuation of relations between the parties; privilege and confidentiality; involvement of non-legal professionals; the identity and the role of the andneutraland as well as the role of the arbitrator; the implementation of ICC and other international ADR rules; the workings of Dispute Boards and the role of ADR in securing investment and other specific objectives. In its compound thesis and growing in relevance every day and that numerous dispute resolution methods exist whose goals and developments are varied but fundamentally complementary, the multifaceted approach presented here is of immeasurable value to any business party, particularly at the international level. Practitioners faced with drafting a dispute resolution clause in a contract, or dealing with a dispute that has arisen, will find expert guidance here, and academics will expand their awareness of the issues raised by ADR, in particular as it relates to arbitration. A broad cross section of interested professionals will discover ample material for comparative study of how disputes are approached and resolved in numerous countries and cultures.
Publisher: Kluwer Law International B.V.
ISBN: 904113414X
Category : Law
Languages : en
Pages : 690
Book Description
Whether the andAand stands for andappropriateand, andamicableand, or andalternativeand, all out of court dispute resolution modes, collected under the banner term andADRand, aim to assist the business world in overcoming relational differences in a truly manageable way. The first edition of this book (2006) contributed to a global awareness that ADR is important in its own right, and not simply as a substitute for litigation or arbitration. Now, drawing on a wealth of new sources and developments, including the flourishing of hybrid forms of ADR, the subject matter has been largely augmented and expanded on two fronts: in-depth analysis (both descriptive and comparative) of methodology, expectations and outcomes and extended geographical coverage across all continents. As a result, in this book twenty-nine andintertwined but variegatedand essays (to use the editorands characterization) provide substantial insight in such specific topics as: ADRands flexible procedures as controlled by the parties; ADRands facilitation of the continuation of relations between the parties; privilege and confidentiality; involvement of non-legal professionals; the identity and the role of the andneutraland as well as the role of the arbitrator; the implementation of ICC and other international ADR rules; the workings of Dispute Boards and the role of ADR in securing investment and other specific objectives. In its compound thesis and growing in relevance every day and that numerous dispute resolution methods exist whose goals and developments are varied but fundamentally complementary, the multifaceted approach presented here is of immeasurable value to any business party, particularly at the international level. Practitioners faced with drafting a dispute resolution clause in a contract, or dealing with a dispute that has arisen, will find expert guidance here, and academics will expand their awareness of the issues raised by ADR, in particular as it relates to arbitration. A broad cross section of interested professionals will discover ample material for comparative study of how disputes are approached and resolved in numerous countries and cultures.
Contemporary Conflicts in Southeast Asia
Author: Mikio Oishi
Publisher: Springer
ISBN: 9811000425
Category : Political Science
Languages : en
Pages : 213
Book Description
This book looks at major contemporary conflicts —intra and interstate— in Southeast Asia from a conflict management perspective. Starting with the view that the conventional ASEAN conflict-management methods have ceased to be effective, it looks for new conflict-management patterns and trends by investigating seven contemporary cases of conflict in the region. Focusing on the incompatibilities involved in each case and examining how they have been managed—whether by integration, co-existence, elimination or maneuvering around the conflict—the book sheds new light on the significance of managing conflict in achieving and maintaining the stability of the Southeast Asian region. It makes a significant theoretical contribution to the field of peace and conflict studies by proposing the concept of “mediation regime” as the key to understanding current conflict management within ASEAN.
Publisher: Springer
ISBN: 9811000425
Category : Political Science
Languages : en
Pages : 213
Book Description
This book looks at major contemporary conflicts —intra and interstate— in Southeast Asia from a conflict management perspective. Starting with the view that the conventional ASEAN conflict-management methods have ceased to be effective, it looks for new conflict-management patterns and trends by investigating seven contemporary cases of conflict in the region. Focusing on the incompatibilities involved in each case and examining how they have been managed—whether by integration, co-existence, elimination or maneuvering around the conflict—the book sheds new light on the significance of managing conflict in achieving and maintaining the stability of the Southeast Asian region. It makes a significant theoretical contribution to the field of peace and conflict studies by proposing the concept of “mediation regime” as the key to understanding current conflict management within ASEAN.
International Law in a Transcivilizational World
Author: Onuma Yasuaki
Publisher: Cambridge University Press
ISBN: 1107024730
Category : Law
Languages : en
Pages : 733
Book Description
This book adopts a 'trans-civilizational' perspective on the history and development of current West-centric international law.
Publisher: Cambridge University Press
ISBN: 1107024730
Category : Law
Languages : en
Pages : 733
Book Description
This book adopts a 'trans-civilizational' perspective on the history and development of current West-centric international law.
New Frontiers in Asia-Pacific International Arbitration and Dispute Resolution
Author: Shahla Ali
Publisher: Kluwer Law International B.V.
ISBN: 940352863X
Category : Law
Languages : en
Pages : 316
Book Description
International Arbitration Law Library Volume 59 The eastward shift in international dispute resolution has already involved initiatives not only to improve support for international commercial arbitration (ICA) and investor-state dispute settlement (ISDS) but also to develop alternatives such as international commercial courts and mediation. Focusing on these initiatives and their accompanying case law and trends in the Asia-Pacific region, this invaluable book challenges existing procedures and frameworks for cross-border dispute resolution in both commercial and treaty arbitration. Specially assembled for this project, an outstanding team of experienced and insightful arbitrators and scholars describes pertinent developments including: ICA and ISDS in the context of China’s Belt and Road Initiative; the Singapore Convention on Mediation; the shift to virtual hearings and other challenges from the COVID-19 pandemic; mistrust of the application of the rule of law in certain East Asian jurisdictions; growing public concern over ISDS arbitration; tensions between confidentiality and transparency; and potential regional harmonisation of the public policy exception to arbitral enforcement. The contributors chart evolving practices and high-profile cases to make informed observations about where changes are needed, as well as educated guesses about the chances of reforms being successful and the consequences if they are not. The main jurisdictions covered are China, Hong Kong, Japan, Malaysia, India, Australia and Singapore. The first in-depth study of recent trends in dispute resolution practice related to business in the Asia-Pacific region, the book’s practical analysis of new resources for dealing with the increasing competition among countries to become credible regional dispute resolution hubs will prove to be of great value to specialists in the international business law sector. Lawyers will be enabled to make informed decisions on which venue and dispute resolution methods are the most suitable for any specific dispute in the region, and policymakers will confidently assess emerging trends in international dispute resolution policy development and treaty-making.
Publisher: Kluwer Law International B.V.
ISBN: 940352863X
Category : Law
Languages : en
Pages : 316
Book Description
International Arbitration Law Library Volume 59 The eastward shift in international dispute resolution has already involved initiatives not only to improve support for international commercial arbitration (ICA) and investor-state dispute settlement (ISDS) but also to develop alternatives such as international commercial courts and mediation. Focusing on these initiatives and their accompanying case law and trends in the Asia-Pacific region, this invaluable book challenges existing procedures and frameworks for cross-border dispute resolution in both commercial and treaty arbitration. Specially assembled for this project, an outstanding team of experienced and insightful arbitrators and scholars describes pertinent developments including: ICA and ISDS in the context of China’s Belt and Road Initiative; the Singapore Convention on Mediation; the shift to virtual hearings and other challenges from the COVID-19 pandemic; mistrust of the application of the rule of law in certain East Asian jurisdictions; growing public concern over ISDS arbitration; tensions between confidentiality and transparency; and potential regional harmonisation of the public policy exception to arbitral enforcement. The contributors chart evolving practices and high-profile cases to make informed observations about where changes are needed, as well as educated guesses about the chances of reforms being successful and the consequences if they are not. The main jurisdictions covered are China, Hong Kong, Japan, Malaysia, India, Australia and Singapore. The first in-depth study of recent trends in dispute resolution practice related to business in the Asia-Pacific region, the book’s practical analysis of new resources for dealing with the increasing competition among countries to become credible regional dispute resolution hubs will prove to be of great value to specialists in the international business law sector. Lawyers will be enabled to make informed decisions on which venue and dispute resolution methods are the most suitable for any specific dispute in the region, and policymakers will confidently assess emerging trends in international dispute resolution policy development and treaty-making.
Rethinking South China Sea Disputes
Author: Katherine Tseng
Publisher: Taylor & Francis
ISBN: 1317374770
Category : Social Science
Languages : en
Pages : 176
Book Description
The proposed book draws on the on-going South China Sea dispute, and the multifaceted challenges wrought by the South China Sea issue that requires an inter-disciplinary perspective. It employs legal-analytical methods, to emphasize the nuances of the role and interpretation of international law and treaties by China in different periods, while taking into account policy and strategic concerns, which generally cast great sways in decision-making. The re-introduction of interdisciplinary concerns straddling law and history illustrates that the historical dimension, which has long been neglected, is an emerging concern that poses looming dangers that may unexpectedly radicalize the friction. Contributing to debunking the mystique wrought by confrontations between a historical and a law-dominated perspective, these perspectives are supported by a more nuanced analytical framework, featuring theoretical concerns with a tinge of practicality. The South China Sea Dispute aims to unveil a nuanced evolution of the issue with a confluence of inter-temporal law, policy and maritime practices in the South China Sea.
Publisher: Taylor & Francis
ISBN: 1317374770
Category : Social Science
Languages : en
Pages : 176
Book Description
The proposed book draws on the on-going South China Sea dispute, and the multifaceted challenges wrought by the South China Sea issue that requires an inter-disciplinary perspective. It employs legal-analytical methods, to emphasize the nuances of the role and interpretation of international law and treaties by China in different periods, while taking into account policy and strategic concerns, which generally cast great sways in decision-making. The re-introduction of interdisciplinary concerns straddling law and history illustrates that the historical dimension, which has long been neglected, is an emerging concern that poses looming dangers that may unexpectedly radicalize the friction. Contributing to debunking the mystique wrought by confrontations between a historical and a law-dominated perspective, these perspectives are supported by a more nuanced analytical framework, featuring theoretical concerns with a tinge of practicality. The South China Sea Dispute aims to unveil a nuanced evolution of the issue with a confluence of inter-temporal law, policy and maritime practices in the South China Sea.