Indonesian Journal of International Law


Asian Values in International Dispute Settlement: Issues of Parallel Jurisdiction

Huang, HaiJing (Unknown)
Ong, Tze Chin (Unknown)



Article Info

Publish Date
16 Jun 2025

Abstract

Asian Values promoted significant economic growth to Asian societies in 1990s but were challenged by the 1997-1998 financial crisis. Engaging in regional trade agreements (RTAs) can enhance market access and keep regulatory cooperation, the number of RTAs has grown explosively in Asian countries. Most of these RTAs may include more far-reaching form of dispute settlement provisions distinct from or parallel to the World Trade Organization (WTO). Historical analysis is employed to examine the applicable principles of Asian Values and their influences on economic growth and dispute settlement. Additionally, the article also conducts case study analysis of several trade disputes with choice-of-forum clauses before the WTO panel within Asian countries, thereby assessing the interplay between RTAs and WTO jurisdictions. The research reveals ambiguities issues in parallel jurisdiction among dispute settlement mechanism of Asian RTAs and that of the WTO. The standstill of appointing WTO Appellate Body members and the proliferation of RTAs with Asian Values-oriented dispute settlement mechanisms have intensified these challenges. This article demonstrates the increasing popularity of alternative dispute resolution mechanisms rooted in Asian Values. It proposes integrating Asian Values into international dispute settlement to resolve parallel jurisdiction issues between RTAs and WTO, offering a more efficient solution to the complicated legal landscape in Asian region.

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Journal Info

Abbrev

publication:ijil

Publisher

Subject

Law, Crime, Criminology & Criminal Justice Social Sciences

Description

IJIL is intended to promote international law in Indonesia and to build the interest of scholars and decision-makers in the important role of international law in developing the rule-based international community. IJIL is intended to serve as an academic discussion forum on the development of ...