The contribution of East and Southeast Asia legal culture on the improvement of DSMs in newly created FTAs in this region Online publication date: Sat, 20-Sep-2014
by Yang Songling
International Journal of Public Law and Policy (IJPLAP), Vol. 2, No. 2, 2012
Abstract: The article discusses the issue whether westernised DSMs of newly created FTAs in East and Southeast Asia are suitable to settle disputes just involving countries in this region. Indeed, countries in East and Southeast Asia are adopting an aggressive legalism towards the dispute settlement process. It could be reflected in their increasing complaints in WTO DSB and the design of China-ASEAN, Korean-ASEAN and Japan-ASEAN FTAs. However, the unique East and Southeast Asia legal culture and developing background of this region explore the disadvantages of simply copying WTO mode DSM in the structure of DSMs in FTAs of this region. The rules of main arbitration centres in this region, such as CIETAC, HKITAC, SIAC and KCAB, offer many enlightening suggestions about how to better combine this regional legal culture with advantage westernised dispute settlement process. Such manners are better for the settlement of disputes just involving countries within this region.
Existing subscribers:
Go to Inderscience Online Journals to access the Full Text of this article.
If you are not a subscriber and you just want to read the full contents of this article, buy online access here.Complimentary Subscribers, Editors or Members of the Editorial Board of the International Journal of Public Law and Policy (IJPLAP):
Login with your Inderscience username and password:
Want to subscribe?
A subscription gives you complete access to all articles in the current issue, as well as to all articles in the previous three years (where applicable). See our Orders page to subscribe.
If you still need assistance, please email subs@inderscience.com
Our Blog 
Follow us on Twitter 
Visit us on Facebook