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Forming Transnational Dispute Settlement Norms: ft Law and the Role of UNCITRAL's Regional Centre for Asia and the Pacific

Forming Transnational Dispute Settlement Norms: ft Law and the Role of UNCITRAL's Regional Centre for Asia and the Pacific

Author: Shahla F. Ali
Publisher: Edward Elgar Publishing
ISBN: 9781789907162
Published In: May 2021
Format: Hardback
Jurisdiction: U.K. ? Disclaimer:
Countri(es) stated herein are used as reference only

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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 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.

Preface

PART I. INTRODUCTION: SOFT LAW FORMATION IN A GLOBAL CONTEXT

1. Development of transnational legal norms

2. Transnational soft law norm formation: challenges and developments in extending representation development of transnational legal norms

3. From the central to the regional: contributions of UNCITRAL and RCAP on soft law-making in transnational dispute resolution

4. Indicators of representation in global governance: assessing regional engagement, representation and diversity through UNCITRAL RCAP

PART II. RCAP CASE STUDIES: DEVELOPMENT AND EXPANSION OF REGIONAL SOFT LAW

5. Singapore Convention on International Settlement Agreements Resulting from Mediation

6. UNCITRAL Working Group III deliberations on investor–state arbitration reform

7. Transparency rules

8. Online dispute resolution

9. UNCITRAL Model Law on International Commercial Arbitration

10. Conciliation Rules

PART III. EMPIRICAL FINDINGS ON THE CONTRIBUTION OF RCAP IN EXTENDING REGIONAL REPRESENTATION

11. Extending soft law representation through regional centres:empirical analysis

12. Conclusions

Selected Bibliography

Index

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