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Article: East Asia’s engagement with cosmopolitan ideals under its trade treaty dispute provisions

TitleEast Asia’s engagement with cosmopolitan ideals under its trade treaty dispute provisions
Authors
Issue Date2010
PublisherMcGill University, Faculty of Law. The Journal's web site is located at http://journal.law.mcgill.ca
Citation
McGill Law Journal, 2010, v. 56 n. 4, p. 821-862 How to Cite?
AbstractAn East Asian view about how trade dispute settlement systems should be designed is slowly emerging. 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. 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 ASEANAustralia- New Zealand FTAs. 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 coexist, 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 that-like the Trans-Pacific Partnership Agreement-involve negotiations with transcontinental partners.
Persistent Identifierhttp://hdl.handle.net/10722/159552
ISSN
2007 SCImago Journal Rankings: 0.123

 

DC FieldValueLanguage
dc.contributor.authorLim, CLen_US
dc.date.accessioned2012-08-16T05:52:10Z-
dc.date.available2012-08-16T05:52:10Z-
dc.date.issued2010en_US
dc.identifier.citationMcGill Law Journal, 2010, v. 56 n. 4, p. 821-862en_US
dc.identifier.issn0024-9041-
dc.identifier.urihttp://hdl.handle.net/10722/159552-
dc.description.abstractAn East Asian view about how trade dispute settlement systems should be designed is slowly emerging. 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. 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 ASEANAustralia- New Zealand FTAs. 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 coexist, 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 that-like the Trans-Pacific Partnership Agreement-involve negotiations with transcontinental partners.-
dc.languageengen_US
dc.publisherMcGill University, Faculty of Law. The Journal's web site is located at http://journal.law.mcgill.caen_US
dc.relation.ispartofMcGill Law Journalen_US
dc.titleEast Asia’s engagement with cosmopolitan ideals under its trade treaty dispute provisionsen_US
dc.typeArticleen_US
dc.identifier.emailLim, CL: cllim@hkucc.hku.hken_US
dc.identifier.authorityLim, CL=rp01261en_US
dc.description.naturelink_to_subscribed_fulltext-
dc.identifier.hkuros204056en_US
dc.identifier.volume56en_US
dc.identifier.issue4en_US
dc.identifier.spage821en_US
dc.identifier.epage862en_US
dc.publisher.placeCanada-

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