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An East Asian view about how trade dispute settlement systems should be designed is slowly emerging. This paper argues that democratically-inspired trade law scholarship and cultural explanations of the international law behaviour of the Southeast and Northeast Asian trading nations have failed to capture or prescribe the actual treaty behaviour of these nations. Instead, such behaviour has resulted in the emergence of two different treaty models for the peaceful settlement of trade disputes. This article traces the practices of the Association of Southeast Asian Nations (ASEAN), together with that of China, Korea, Japan, Australia, and New Zealand. We find two models of trade dispute settlement emerging. The first, which seems firmly established, may be found in ASEAN's 2004 dispute settlement protocol and the regimes established under the China-ASEAN, Korea-ASEAN, Japan-ASEAN, and ASEAN-Australia-New Zealand FTAs. They all adopt a closed, sovereign-centric view of trade dispute settlement with no public access to the dispute proceedings, little or no disclosure of party submissions, and no consultation or access given to non-governmental organization (NGO) briefs. It is a model which may be criticized for its lack of transparency. However, a second model, based on the Trans-Pacific Strategic Economic Partnership Agreement, could in time become an alternative model for an Asia-Pacific-wide FTA (i.e. including the East Asian nations within it). It adopts a more open approach; one which better accommodates greater transparency in dispute proceedings. At least for now, the two models co-exist, obviating the need for East Asia's legal policy-makers to choose a clear, dominant design for treaty-based trade dispute settlement in the region. But it also means that East Asia's trading partners can influence East Asian nations, at least in those trade agreements which - like the Trans-Pacific Strategic Economic Partnership Agreement - involve negotiations with trans-continental partners.
This book discusses how international judicial authority is established and managed in key fields of international economic law. Its unique legal-centric approach sees the consolidation of judicial authority as a universal trend and its broad international appeal makes it essential reading for researchers, practitioners and students alike.
This book considers foreign investment flows in major Asian economies. It critically assesses the patterns and issues involved in the substantive law and policy environment which impact on investment flows, as well as the related dispute resolution law and practice. The book combines insights from international law and comparative study and is attentive to the socio-economic contexts and competing theories of the role of law in Asia. Contributions come from both academics with considerable practical expertise and legal practitioners with strong academic backgrounds. The chapters analyze the law and practice of investment treaties and FDI regimes in Asia looking specifically at developments in Japan, India, China, Indonesia, Malaysia, Korea and Vietnam. The book explores the impact of the Asian Financial Crisis in the late 1990s and the Global Financial Crisis a decade later, examining actual trends and policy debates relating to FDI and capital flows in Asia before and after those upheavals. Foreign Investment and Dispute Resolution: Law and Practice in Asia is a valuable resource for practitioners, academics and students of International and Comparative Law, Business and Finance Law, Business, Finance and Asian Studies.
These essays pay tribute to Muthucumaraswamy Sornarajah's illustrious career and explore alternative visions of international investment law and arbitration.
Citizens, parties, and movements are increasingly contesting issues connected to globalization, such as whether to welcome immigrants, promote free trade, and support international integration. The resulting political fault line, precipitated by a deepening rift between elites and mass publics, has created space for the rise of populism. Responding to these issues and debates, this book presents a comprehensive and up-to-date analysis of how economic, cultural and political globalization have transformed democratic politics. This study offers a fresh perspective on the rise of populism based on analyses of public and elite opinion and party politics, as well as mass media debates on climate change, human rights, migration, regional integration, and trade in the USA, Germany, Poland, Turkey, and Mexico. Furthermore, it considers similar conflicts taking place within the European Union and the United Nations. Appealing to political scientists, sociologists and international relations scholars, this book is also an accessible introduction to these debates for undergraduate and masters students.
A new edition connecting extracts from arbitral decisions, treaties and scholarly works with concise, up-to-date and reliable commentary.
Spruyt takes an inter-disciplinary approach to explain how collective belief systems organized three non-European societies c.1500-1900, and how these polities engaged the European colonial powers.
To explore what extended competition between the United States and China might entail out to 2050, the authors of this report identified and characterized China’s grand strategy, analyzed its component national strategies (diplomacy, economics, science and technology, and military affairs), and assessed how successful China might be at implementing these over the next three decades.
No figure has had a more global impact than Alexander the Great, whose legends have encircled the globe and been translated into a dizzying multitude of languages, from Indo-European and Semitic to Turkic and Austronesian. Alexander the Great from Britain to Southeast Asia examines parallel traditions of the Alexander Romance in Britain and Southeast Asia, demonstrating how rival Alexanders - one Christian, the other Islamic - became central figures in their respective literatures. In the early modern age of exploration, both Britain and Southeast Asia turned to literary imitations of Alexander to imagine their own empires and international relations, defining themselves as peripheries against the Ottoman Empire's imperial center: this shared classical inheritance became part of an intensifying cross-cultural engagement in the encounter between the two, allowing a revealing examination of their cultural convergences and imperial rivalries and a remapping of the global literary networks of the early modern world. Rather than absolute alterity or strangeness, the narrative of these parallel traditions is one of contact - familiarity and proximity, unexpected affinity and intimate strangers.