Kutafin University Law Review

(KULawR)

academic peer-reviewed law journal


In issue 2 on 2017 year

ASEAN AND ASEAN+ INTERGOVERNMENTAL DISPUTE SETTLEMENT MECHANISMS — A GENERAL PERSPECTIVE AND SOME SUGGESTIONS

DOI: 10.17803/2313-5395.2017.2.8.418-448

Author: Tran Thi Thuy Duong

Rubric: REGIONAL INTEGRATION

Annotation: The growing cooperation in ASEAN and ASEAN+ frameworks goes hand in hand with the proliferation of ASEAN and ASEAN+ dispute settlement mechanisms. However, due to this proliferation, ASEAN countries and their partners face a dilemma. On the one hand, in spite of their role, ASEAN and ASEAN+ dispute settlement mechanisms are underused. Therefore, it may be necessary to improve these mechanisms and encourage disputing parties to use them. On the other hand, proliferation of dispute settlement mechanisms may provoke risks. This paper presents a general perspective of ASEAN and ASEAN+ intergovernmental dispute settlement mechanisms. It compares them and their jurisdictions, while suggesting some ideas for a sustainable growth of these mechanisms.


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Keywords: ASEAN, ASEAN+, intergovernmental dispute settlement, economic dispute settlement, non-economic dispute settlement, WTO dispute settlement

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