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Resolving Disputes in the Asia-Pacific Region

Author: Shahla F. Ali

Publisher: Routledge

Published: 2010-10-18

Total Pages: 163

ISBN-13: 1136894365

How diverse cultures approach conflict in the context of the integration of global markets is a new arena for research and practice. To date, most of the research on international arbitration has focused exclusively on Western models of arbitration as practiced in Europe and North America. While such studies have accurately reflected the geographic foci of international arbitration practice in the late twentieth century, the number of international arbitrations conducted in East Asia has recently been growing steadily and on par with growth in Western regions. Resolving Disputes in the Asia-Pacific Region presents empirical research about the attitudes and perceptions of over 115 arbitrators, judges, lawyers and members of the rapidly expanding arbitration community in China, Hong Kong, Korea, Japan, Singapore, and Malaysia as well as North America and Europe. The book covers both international commercial arbitration and "alternative" techniques such as mediation, providing an empirical analysis of how both types of dispute resolution are conducted in the East Asian context. The book examines the history and cultural context surrounding preferred methods of dispute resolution in the East Asian region and sheds light on the various approaches to international arbitration across these diverse regions. This book will be of great interest to students and scholars of international arbitration and dispute resolution, comparative and Asian law, as well as anyone dealing with potential conflict in international business relationships in East Asia.

International Conflict in the Asia-Pacific

Author: Jacob Bercovitch

Publisher: Routledge

Published: 2010-06-23

Total Pages: 220

ISBN-13: 1136938818

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This book analyses four major long-standing and intractable conflicts in the Asia-Pacific region (the Korean Peninsula; the Taiwan Strait; the South China Sea (Spratly Islands); and India-Pakistan), and aims to identify the mechanisms used to manage these conflicts. International Conflict in the Asia-Pacific brings together in one volume four major international conflicts that have shaped the region, and studies how they evolved and how best to manage them. The book seeks to find a pattern common to the four conflicts and their management as well as taking note of variations among them, hereby aiming to establish what might be called the 'Asia-Pacific way of managing intractable conflicts'. This book will of much interest to students of international conflict management, Asian politics, security studies and IR in general. Jacob Bercovitch is Professor of International Relations in the Political Science Department at the University of Canterbury in New Zealand. Widely regarded as one of the most influential scholars in the field of international conflict resolution, he is author of more than 15 books and numerous articles. Mikio Oishi is a Visiting Fellow with the National Centre for Peace and Conflict Studies (NCPACS), University of Otago and a Research Fellow with Political Science Programme of University of Canterbury.

Conflict Management in the Asia Pacific

Author: Kwok Leung

Publisher:

Published: 1998

Total Pages: 364

ISBN-13:

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conflict management in the Asia Pacific Assumptions and Approaches in Diverse Cultures Research-based and action-oriented, this book aims to give both a conceptual understanding of conflict management and practical guidelines to managing conflict in the Asia Pacific. It describes the various assumptions, expectations and values of Asia Pacific workers and how they deal with their conflicts. The book's central theme is on doing business internationally and managing conflict with different peoples and countries in the region. It describes how each country handles conflict in the workplace and how other countries can work with them effectively and constructively at various levels of management. The authors define the attitudes, assumptions and self-perceptions which shape a country's approach to conflict. These self-perceptions can have a major impact on conflict management especially when dealing with people from other countries. The contributors of all chapters draw upon a wide range of disciplines to document the conflict beliefs of people in their country. In addition to cross-cultural and other behavioral studies, they use literature and history to identify how people in their country think about themselves and their neighbors. They also refer to case studies where expectations get in the way, how expectations help conflict management, and how people overcome interfering expectations to forge successful business alliances.

Constructive Conflict Management

Author: Fred E. Jandt

Publisher: SAGE

Published: 1996-03-26

Total Pages: 311

ISBN-13: 0803959494

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Uses cases from the Asia-Pacific region to illustrate culture's role in conflict mediation

Dreams and Dilemmas

Author: Kōichi Hamada

Publisher: Institute of Southeast Asian Studies

Published: 2000

Total Pages: 526

ISBN-13: 9789812300690

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This volume consists of two parts. Part one discusses economic friction in the Asia-Pacific region from three aspects: macroeconomic and microeconomic friction, and that between the state and the market mechanism. In part two, four types of legal frameworks for dispute resolution are examined.

Unraveling Internal Conflicts in East Asia and the Pacific

Author: Jacob Bercovitch

Publisher: Lexington Books

Published: 2011

Total Pages: 342

ISBN-13: 0739148516

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Civil wars and internal conflicts pose the greatest threat to international peace and security in the twenty-first century. Nowhere is this problem more acute than in East Asia and the Pacific, which has far more of its share of such conflicts. Unraveling Internal Conflicts in East Asia and the Pacific: Incidence, Consequences, and Resolution, edited by Jacob Bercovitch and Karl DeRouen, Jr., is a book of originally commissioned essays on civil wars which provide a compelling area of inquiry. Many of the Asia-Pacific region's wars are very long (such as in Myanmar), some tend to recur (also in Myanmar); some involve religion (Philippines, Thailand), and some (Aceh, Bougainville, East Timor) of the longest have ended in the last few years. In short, the region presents a variety of interesting dynamics that merit close attention in one volume. The aim of Unraveling Internal Conflicts in East Asia and the Pacific is to provide an original look at these civil wars. The unique feature of the book is that it brings a variety of perspectives together into one volume. Bercovitch and DeRouen, Jr., do this in four sections: The first, titled "Security and Internal Conflicts in the Region," is an overview of conflict and conflict management in the region. Section Two is called "Features of Conflict in the Region." Here the authors cover conflict contours, including intractability, conflict resolution, recurrence, and Islam. Section Three, "External Involvement in Regional Conflicts," focuses on third party intervention in regional conflicts. The individual chapters cover mediation, peacekeeping, and other forms of third party involvement. The final section ties the chapters together. Unraveling Internal Conflicts in East Asia and the Pacific: Incidence, Consequences, and Resolution, edited by Jacob Bercovitch and Karl DeRouen, Jr., provides a fresh and comprehensive look at conflict in the part of the world where internal conflict is most prevalent.

New Frontiers in Asia-Pacific International Arbitration and Dispute Resolution

Author: Shahla Ali

Publisher: Kluwer Law International B.V.

Published: 2020-12-10

Total Pages: 313

ISBN-13: 940352863X

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International Arbitration Law Library Volume 59 The eastward shift in international dispute resolution has already involved initiatives not only to improve support for international commercial arbitration (ICA) and investor-state dispute settlement (ISDS) but also to develop alternatives such as international commercial courts and mediation. Focusing on these initiatives and their accompanying case law and trends in the Asia-Pacific region, this invaluable book challenges existing procedures and frameworks for cross-border dispute resolution in both commercial and treaty arbitration. Specially assembled for this project, an outstanding team of experienced and insightful arbitrators and scholars describes pertinent developments including: ICA and ISDS in the context of China’s Belt and Road Initiative; the Singapore Convention on Mediation; the shift to virtual hearings and other challenges from the COVID-19 pandemic; mistrust of the application of the rule of law in certain East Asian jurisdictions; growing public concern over ISDS arbitration; tensions between confidentiality and transparency; and potential regional harmonisation of the public policy exception to arbitral enforcement. The contributors chart evolving practices and high-profile cases to make informed observations about where changes are needed, as well as educated guesses about the chances of reforms being successful and the consequences if they are not. The main jurisdictions covered are China, Hong Kong, Japan, Malaysia, India, Australia and Singapore. The first in-depth study of recent trends in dispute resolution practice related to business in the Asia-Pacific region, the book’s practical analysis of new resources for dealing with the increasing competition among countries to become credible regional dispute resolution hubs will prove to be of great value to specialists in the international business law sector. Lawyers will be enabled to make informed decisions on which venue and dispute resolution methods are the most suitable for any specific dispute in the region, and policymakers will confidently assess emerging trends in international dispute resolution policy development and treaty-making.

Mediation in the Asia-Pacific Region

Author: Dale Bagshaw

Publisher: Routledge

Published: 2009-09-10

Total Pages: 373

ISBN-13: 1134009976

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This book examines mediation in connection with peacebuilding in the Asia-Pacific region, providing practical examples which either highlight the weaknesses within certain mediation approaches or demonstrate best-practice. The authors explore the extent to which current ideas and practices of mediation in the Asia-Pacific region are dominated by Western understandings and critically challenge the appropriateness of such thinking. Featuring a range of case studies on Fiji, Vanuatu, Papua New Guinea, Malaysia, Vietnam, China, Singapore, Indonesia, the Philippines and Thailand, this book has three main aims: To challenge dominant Western practices and ways of thinking on mediation that currently are being imposed in the Asia-Pacific region; To develop culturally-fluent and socially just mediation alternatives that build upon local, traditional or religious approaches; To situate mediation within ideas and practices on peacebuilding. Making a unique contribution to peace and conflict studies literature by explicitly linking mediation and peacebuilding practices, this book is a vital text for students and scholars in these fields.

Peacebuilding in the Asia-Pacific

Author: Carmela Lutmar

Publisher: Springer

Published: 2018-09-04

Total Pages: 261

ISBN-13: 3319785958

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This book explores theories of conflict and peacebuilding and applies them to case studies from the Asia Pacific region, seeking to shift attention to the inherency of conflict, the constant danger of re-emergence, and the need to establish mechanisms to resolve it. The authors argue that the central focus of peacebuilding should not be state-building per se, but rather the creation of effective mechanisms for peaceful resolution of both past and newly emerging conflicts. To do so, it is important to consider the entire process of creating peace, to contemplate the linkages between conflict, resolution, and post-conflict peacebuilding, rather than focus only on the period of institution-building.