Conflict Management and Dispute Settlement in East Asia

Conflict Management and Dispute Settlement in East Asia
Author: Ramses Amer
Publisher: Routledge
Total Pages: 243
Release: 2016-05-23
Genre: Law
ISBN: 1317162161

Through a multi-disciplinary approach, this volume studies the management and settlement of conflict and disputes in East Asia. Conflict and disputes exist everywhere in human society. The management and settlement of them has become an imperative. This volume is a significant contribution to a broader understanding of the complexities involved in managing and settling disputes and conflicts at regional, inter-state and intra-state levels in the East Asian region. Drawing on expertise in Peace and Conflict, International Relations, and International Law the volume presents to the reader a general picture of how conflict can be managed at the international and regional levels through various mechanisms, in particular, through prominent regional organizations such as ASEAN. It then moves on to case studies at the regional level including inter-state and intra-state conflicts and disputes. The last part of the volume highlights how states resolve their maritime disputes. This has drawn much attention from the international community due to various factors such as the increasing demand for natural resources from the oceans. These disputes disrupt the smooth development of international relations as well as trigger tensions and confrontation between states.

Conflict Management and Dispute Settlement in East Asia

Conflict Management and Dispute Settlement in East Asia
Author: Ramses Amer
Publisher: Routledge
Total Pages: 224
Release: 2016-05-23
Genre: Law
ISBN: 1317162153

Through a multi-disciplinary approach, this volume studies the management and settlement of conflict and disputes in East Asia. Conflict and disputes exist everywhere in human society. The management and settlement of them has become an imperative. This volume is a significant contribution to a broader understanding of the complexities involved in managing and settling disputes and conflicts at regional, inter-state and intra-state levels in the East Asian region. Drawing on expertise in Peace and Conflict, International Relations, and International Law the volume presents to the reader a general picture of how conflict can be managed at the international and regional levels through various mechanisms, in particular, through prominent regional organizations such as ASEAN. It then moves on to case studies at the regional level including inter-state and intra-state conflicts and disputes. The last part of the volume highlights how states resolve their maritime disputes. This has drawn much attention from the international community due to various factors such as the increasing demand for natural resources from the oceans. These disputes disrupt the smooth development of international relations as well as trigger tensions and confrontation between states.

Conflict Resolution in Asia

Conflict Resolution in Asia
Author: Stephanie P. Stobbe
Publisher: Lexington Books
Total Pages: 285
Release: 2020-07-06
Genre: Political Science
ISBN: 1498566448

Conflict Resolution in Asia: Mediation and Other Cultural Models is an exploration of human interaction, conflict, and conflict resolution in the incredibly diverse region that consists of South, East, and Southeast Asia. It examines how traditional, indigenous, and culturally based conflict resolution processes interact with more formal legal systems to build infrastructures that address conflicts at the interpersonal to international levels in ways that maintain social harmony. This book provides insight into situations where unique cultures come together to create a larger cultural identity, and how constructive and appropriate conflict resolution systems can work every day to establish positive relationships and overall peace in these complex communities. It demonstrates the importance of culture in addressing conflict and conflict resolution, and validates the significance of culturally appropriate processes in building and sustaining peace. From Southeast Asia, a survey of Indonesia, Laos, Philippines, Thailand, Singapore, and Vietnam highlights their rich cultures and conflict resolution processes. From East Asia, Mainland China and Hong Kong show the history of traditional models and the incorporation of mediation within a more formal legal system. Finally, a section on South Asia examines customary methods of dispute resolution working alongside a judiciary structure in India. These nine countries represent very different cultural groups with complex national histories, and varying degrees of influence from Western powers. Using select Asian nations as case studies of conflict resolution systems, this edited book examines the power of mediation and other cultural conflict resolution models as a tool for addressing conflicts and social justice.

Promoting Compliance

Promoting Compliance
Author: Robert Beckman
Publisher: Cambridge University Press
Total Pages: 327
Release: 2016-05-19
Genre: Law
ISBN: 1316546381

The reputation and achievement of the ASEAN Community hinges on compliance. This seminal book discusses whether ASEAN's faith in dispute settlement and monitoring mechanisms as a means to better compliance is justified and delves into the extent to which they can facilitate ASEAN Community building. It provides the first comprehensive and systematic analysis of ASEAN's compliance with its instruments, and enables readers to see ASEAN as an organisation increasingly based on law and institutions. Readers will also learn how ASEAN balances a thin line between law and institutions on the one hand and diplomacy and realism on the other. Scholars of adjudicatory mechanisms will find this book a fascinating addition to the literature available, and it will serve as a 'go-to' reference for ASEAN state agencies. The book will also interest academics and practitioners working on comparative and cross-disciplinary studies of dispute settlement, monitoring mechanisms, compliance, and international and regional organisations.

Contemporary Conflicts in Southeast Asia

Contemporary Conflicts in Southeast Asia
Author: Mikio Oishi
Publisher: Springer
Total Pages: 213
Release: 2015-11-30
Genre: Political Science
ISBN: 9811000425

This book looks at major contemporary conflicts —intra and interstate— in Southeast Asia from a conflict management perspective. Starting with the view that the conventional ASEAN conflict-management methods have ceased to be effective, it looks for new conflict-management patterns and trends by investigating seven contemporary cases of conflict in the region. Focusing on the incompatibilities involved in each case and examining how they have been managed—whether by integration, co-existence, elimination or maneuvering around the conflict—the book sheds new light on the significance of managing conflict in achieving and maintaining the stability of the Southeast Asian region. It makes a significant theoretical contribution to the field of peace and conflict studies by proposing the concept of “mediation regime” as the key to understanding current conflict management within ASEAN.

Conflict Management in the Mediterranean and the Atlantic, 1000-1800

Conflict Management in the Mediterranean and the Atlantic, 1000-1800
Author: Louis Sicking
Publisher: Legal History Library
Total Pages: 358
Release: 2020
Genre: History
ISBN: 9789004380639

"Pre-modern long-distance trade was fraught with risks which often created conflicts of interest. The ensuing disputes and the ways the actors involved dealt with them belong to the field of conflict management. How did victims of maritime conflicts claim compensation? How did individual actors and public institutions negotiate disputes which transcended jurisdictional boundaries? What strategies, arrangements and agreements could contribute to achieve the resolution of such conflicts, and to what effect? These and other questions have mainly been studied separately for the Mediterranean and Atlantic regions. Here, the two seascapes are connected, allowing for a comparative long-term perspective. The different contributions enhance our understanding in the complexity of various approaches to conflict management. "--

ADR in Business

ADR in Business
Author: Jean-Claude Goldsmith
Publisher: Kluwer Law International B.V.
Total Pages: 690
Release: 2011-01-01
Genre: Law
ISBN: 904113414X

Whether the and‘Aand’ stands for and‘appropriateand’, and‘amicableand’, or and‘alternativeand’, all out of court dispute resolution modes, collected under the banner term and‘ADRand’, aim to assist the business world in overcoming relational differences in a truly manageable way. The first edition of this book (2006) contributed to a global awareness that ADR is important in its own right, and not simply as a substitute for litigation or arbitration. Now, drawing on a wealth of new sources and developments, including the flourishing of hybrid forms of ADR, the subject matter has been largely augmented and expanded on two fronts: in-depth analysis (both descriptive and comparative) of methodology, expectations and outcomes and extended geographical coverage across all continents. As a result, in this book twenty-nine and‘intertwined but variegatedand’ essays (to use the editorand’s characterization) provide substantial insight in such specific topics as: ADRand’s flexible procedures as controlled by the parties; ADRand’s facilitation of the continuation of relations between the parties; privilege and confidentiality; involvement of non-legal professionals; the identity and the role of the and‘neutraland’ as well as the role of the arbitrator; the implementation of ICC and other international ADR rules; the workings of Dispute Boards and the role of ADR in securing investment and other specific objectives. In its compound thesis and– growing in relevance every day and– that numerous dispute resolution methods exist whose goals and developments are varied but fundamentally complementary, the multifaceted approach presented here is of immeasurable value to any business party, particularly at the international level. Practitioners faced with drafting a dispute resolution clause in a contract, or dealing with a dispute that has arisen, will find expert guidance here, and academics will expand their awareness of the issues raised by ADR, in particular as it relates to arbitration. A broad cross section of interested professionals will discover ample material for comparative study of how disputes are approached and resolved in numerous countries and cultures.

Securing the Safety of Navigation in East Asia

Securing the Safety of Navigation in East Asia
Author: Shicun Wu
Publisher: Elsevier
Total Pages: 309
Release: 2013-11-21
Genre: Business & Economics
ISBN: 1782421602

Safe navigation of the seas is of global importance. Sea lanes provide vital connections for the growth of the global economy and the wellbeing of people everywhere. The sea lanes are of particular importance for the East Asian region, as most trade is undertaken on the ocean. Booming economies in the region such as China and Vietnam put more pressure on sea lanes, triggering concern for the safety of navigation. Securing the Safety of Navigation in East Asia identifies salient issues for academic debate, and further explores those that have practical implications for the safety of navigation in East Asia. Contemporary maritime security concentrates on safe navigation and inhibiting transnational crimes, including sea piracy and maritime terrorism. Maritime environmental security and search and rescue at sea are also important. Securing the Safety of Navigation in East Asia is structured into four sections: the first part introduces the topic, and looks at the safety of navigation and the search for a cooperative mechanism. The second part considers the international legal framework and its implications for East Asia. The third part presents national perspectives on the safety of navigation, and fi nally part four considers navigational issues in the South China Sea. Places a special focus on East Asia Accommodates national perspectives in East Asia on navigation given by scholars from China, Japan, South Korea, Malaysia, the Philippines, and Singapore Presents a special section on the South China Sea, located in Southeast Asia and connecting the Indian and Pacific oceans; a critical sea route for maritime transport