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Forming Transnational Dispute Settlement Norms

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Forming Transnational Dispute Settlement Norms

Soft Law and the Role of UNCITRAL's Regional Centre for Asia and the Pacific

9781789907162 Edward Elgar Publishing
Shahla F. Ali, Professor and Associate Dean (International) and Director, Program in Arbitration and Dispute Resolution, Faculty of Law, University of Hong Kong
Publication Date: May 2021 ISBN: 978 1 78990 716 2 Extent: c 224 pp
This thought-provoking book examines whether regional centres associated with global legal institutions facilitate expanded citizen engagement in global soft law making. Through an analysis of empirical research into the role of decentralized soft law making in the East Asian region, it investigates the influence of such regional centres in overcoming representational deficits in the design of cross-border dispute settlement norms.

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This thought-provoking book examines whether regional centres associated with global legal institutions facilitate expanded citizen engagement in global soft law making. Through an analysis of empirical research into the role of decentralized soft law making in the East Asian region, it investigates the influence of such regional centres in overcoming representational deficits in the design of cross-border dispute settlement norms.

Shahla F. Ali analyses survey data, in-depth case studies and UNCITRAL participation records to provide a comprehensive view of the contributions of Asia Pacific states in the development and refinement of UNCITRAL dispute settlement instruments. She argues that this has corresponded with the emergence of a new form of decentralized transnational legal ordering, advancing representation and legal innovation at both regional and global levels. The book concludes that that these findings support the expansion of regional centres in areas with historically limited representation in global law making.

Students, scholars and practitioners of transnational dispute resolution and comparative law will find this book to be critical reading. Its identification of best practices and law and policy recommendations will also be of interest to those working in global legislative design and policy.

This title is available for institutional purchase via Elgaronline.

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