Tracing the Role of the UNCITRAL Regional Centre for Asia and the Pacific on Soft Law Formation in a Global Context

Abstract

In recent years, a rich body of work examining how 'legal norms are developed, conveyed and settled transnationally' has emerged, 'integrating both bottom-up and top-down analyses'. This body of work is significant given the increasing involvement of public and private actors in the creation of legal norms beyond the nation state. At the same time, it has been recognised that participation in global norm-making has not, in many cases, been representative of the diversity of global actors, with historically limited representation by non-western states. Calls for expanded representation at both the vertical (between global institutions and individual citizens) and horizontal (between states and international organisations) levels have been advanced with the aim of strengthening legitimacy through more effective participation, external warrants, regional adaptation and cross-sectional representation. In response to such observations, this paper examines the role of the UNCITRAL Regional Centre for Asia and the Pacific, established in 2012, in coordinating with private and public sector institutions in East Asia in the development, interpretation and application of global cross-border dispute settlement guidelines. It seeks to distil positive lessons learned from what may be described as 'decentralized transnational law engagement', elucidate regional dynamics, and glean best practices.