การพัฒนาระบบระงับข้อพิพาทในอาเซียน : บทเรียนจากระบบระงับข้อพิพาทในภูมิภาคอื่นๆ / ภิญญดา ไรนิเกอร์ = The development of a dispute settlement system in asean : lesson from dispute settlement systems in other regions / Pinyada Reiniger
Establishment of dispute settlement mechanism(s) of ASEAN is stipulated in the ASEAN Charter according to Article 25. Article 24 of the ASEAN Charter also provides that member states should settle disputes is accordance with ASEAN’s specific instrument according to the managerial system and procedure issued in the instrument. What would the dispute settlement mechanism according to Article 25 be like? According to the study about the dispute settlement mechanism under international regional organizations, it is found that disputes are mainly settled thereof diplomatic means. To use legal means, the European Union is a successful regional international organization which uses the European court of justice to settle disputes between member states, while in regional organization which even have a regional court as the example seen in African case, countries of such organization never bring the case to the dispute settlement system. The international court of justice is more frequently used as a tool and this reveals that many member states which belong to the regional international organizations do not have trust in their dispute settlement system within their organizations. Moreover, arbitration which is a quasi-judicial dispute settlement is very popular when it is used as a dispute settlement mechanism of regional international organizations. It is because this kind of settlement is not rigid unlike the regional international court s. However, arbitration as a quasi-judicial mechanism is an appropriate means to settle disputes in ASEAN because it is a means which matches the ASEAN way that dose not need to use any rigid dispute settlement. Also the development of dispute settlement system is to make members gain more confidence in this system. I would like to convey this concept towards the mentioned problem and hopefully it will provide further benefit to the development of dispute settlement systems.
