Paying court to the future – has the time for an asean trade tribunal arrived?

  • Allan F. Tatham Universidad CEU San Pablo, Madrid
DOI: https://doi.org/10.18543/ed-67(2)-2019pp47-64
Keywords: ASEAN, arbitration, international and regional courts, ASEAN Trade Tribunal, dispute settlement mechanisms

Abstract

With the global climate for multilateral trade experiencing a marked slowdown and the dispute settlement mechanism (DSM) of the World Trade Organization under severe strain, attention has started to turn to the prioritizing of regional trade structures. Although ASEAN DSMs have traditionally pursued a consensual path towards resolution, this paper discusses the current opportunities for establishing a permanent ASEAN Trade Tribunal (ATT). Such an entity would need to fit within the boundaries of a cautious step in the gradual development of the rules-based ASEAN trading system, by extending the opportunities for using arbitration in disputes and for providing a procedure to ensure a coherent interpretation of ASEAN trade law.

Received: 22.10.2019
Accepted: 21.11.2019
Published online: 31.12.2019

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Author Biography

Allan F. Tatham, Universidad CEU San Pablo, Madrid

Profesor de Derecho Internacional y Relaciones Internacionales

Published
2019-12-31
How to Cite
Tatham, Allan F. 2019. “Paying Court to the Future – Has the Time for an Asean Trade Tribunal Arrived?”. Estudios De Deusto 67 (2), 47-64. https://doi.org/10.18543/ed-67(2)-2019pp47-64.
Issue
Vol. 67 No. 2 (2019)
Section
Special Issue

Last update: 08/02/2022

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