Toward Reflective Comparative Research in Dispute Systems Analysis

Abstract

This session will examine insights from more than a decade long process of collaborative research contributing to the emergence of a growing body of work examining comparative dispute resolution systems in a transnational context. It will examine lessons learned from research into how local engagement both responds to and shapes global norms in an effort to enhance access to justice. The reflections will draw on insights from the authors 5 books including, Consumer Financial Dispute Resolution in a Comparative Context (CUP, 2013) which was influential in reform proposals for Hong Kong’s financial dispute resolution system and awarded the HKU ROP; Governing Disasters: Engaging Local Populations in Humanitarian Relief (CUP, 2016) which was reference internally within ICRC, UNDP, UNOCHR, and the Hague Academy; Resolving Disputes in the Asia Pacific Region (Routledge, 2010) recognized in 2011 by the Law Faculty’s Research Output Prize; and International Commercial Arbitration in Asia, 3rd Edition (co-edited with Tom Ginsburg). Through a systems-based methodology, the authors projects highlight the role of engaged participation and shared knowledge generation in facilitating conditions conducive to dynamic advancement within governance systems -whether it be in the form of community engagement with global infrastructure projects, consumer financial institutions, cross border-arbitration, post-disaster governance initiatives, or rural women’s contribution to community development. The work traces the role of capacity building, cohesion and collective contribution to knowledge generation and the elevation of such engagement to the status of an emerging norm of customary international law.