Encyclopedia of Public International Law in Asia Online
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Subject: Law
General Editor: Seokwoo Lee
Incorporating the work of numerous leading scholars, the Encyclopedia of Public International Law in Asia Online provides a detailed description of the practice and implementation of international law in various Asian states. The Encyclopedia covers the introduction of Western international law and the resulting shift from the older Asian order; the development of modern international law; and the impact that all of this has had on Asian states. Each jurisdiction included in the Encyclopedia follows a standard structure for the broadest comparative advantage and starts with a Country Snapshot (Date of Independence, Date of Admission to the United Nations, Geographical Size, Population, Demographic Information, Form of Government, System of Law), followed by a State Report Overview (Executive summary of state report, Key highlights of unique state practice).
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12. Settlement of Disputes | Bangladesh
(3,546 words)
12.1 Bangladesh and Peaceful Settlement of DisputesBangladesh can be described as the poster child in the region in terms of peaceful settlement of disputes. While dealing with bilateral issues of conflict with its neighbours, use of force or any unfriendly means as such has never been preferred by the country.With a view to embarking upon the journey of statehood as a newborn State, Bangladesh entered into a friendship treaty with India in 1972, having due regard to international peace, security and solidarity. The provisions of the treaty th…
12. Settlement of Disputes | India
(2,222 words)
12.1 India and the International Court of Justice (ICJ)India (erstwhile British India) became a party to the Statute of International Court of Justice (ICJ) on 30 October 1945, the successor to the Permanent Court of International Justice (PCIJ) under the League of Nations. India was also party to the PCIJ on 19 September 1929 as a British dominion (League Council Resolution dated May 17, 1922, wherein non-member States could accept the jurisdiction of PCIJ and submit disputes through Article 35 paragra…
12. Settlement of Disputes | Indonesia
(705 words)
12.1 Enforcement of International & Foreign AwardsA foreign award consists of a foreign arbitration award and a foreign court award. A foreign award cannot be enforced in Indonesia. This is regulated by article 436 RV (
Reglement op de Rechtsvordering) which stipulates that foreign court judgments (convicting decision) cannot be enforced in Indonesian territory because it is not the same or not equal to the decision of Indonesian court. This provision derives from the territorial sovereignty principle under public international law.It is not easy to enforce foreign court ju…
12. Settlement of Disputes | Iran
(11,159 words)
12.1 Iran-United States Claims Tribunal: Background and StructureAs part of the resolution of the American Embassy hostage crisis, Iran and the United States agreed on a settlement for the release of American diplomatic and consular staff as well as other American nationals who were detained in the American Embassy in Tehran (4 November 1979–19 January 1981) and for the release and transfer of Iran’s billions of dollars of cash and gold reserves that were blocked in American banks and their branches in…
12. Settlement of Disputes | Malaysia
(2,868 words)
12.1 International and Regional Dispute Resolution Mechanisms (WTO, ICJ, ITLOS, AIAC and AIADR)Generally, conflicts are dealt in a variety of ways requiring different conflict resolution strategies. However, in terms of dispute settlement involving international bodies, what is usually resorted to is negotiation and mediation, and in terms of trade disputes, they are settled through international commercial arbitration. Thus, negotiation has long been touted as the most appropriate diplomatic dispute resolu…
12. Settlement of Disputes | Philippines
(3,193 words)
12.1 The Philippines before the International Court of Justice and Other International TribunalsAs a founding member of the United Nations (UN) and an original signatory of its Charter, the Philippines has abided by the principle of peaceful settlement of disputes, and on a number of occasions, resorted to mechanisms established under international law for the resolution of disputes, either as a party litigant or as an intervenor.Having been involved in the drafting of the UN Charter, notably on the matter of “trusteeship” and having advocated early independen…
12. Settlement of Disputes | Singapore
(3,755 words)
For small states like Singapore, international rule of law is an existential necessity. Singapore’s approach in international relations is necessarily founded on the promotion and preservation of the rule of law and the peaceful settlement of international disputes. In light of this, it is unsurprising that Singapore is deeply invested in the negotiation and establishment of dispute settlement rules across different sectors, both in the bilateral and multilateral context.Since Singapore’s independence in 1965, Singapore has been engaged in various international …
12. Settlement of Disputes | Sri Lanka
(3,598 words)
12.1 Sri Lanka’s Membership in International Courts and Tribunals12.1.1 The International Court of JusticeSri Lanka became a party to the International Court of Justice on 14 December 1995 (Website, International Court of Justice). As per Article 93, paragraph 1 of the Charter of the United Nations, all members of the United Nations are
ipso facto parties to the ICJ Statute (UN Charter, enacted in 1945, San Francisco). Some treaties and conventions whether bilateral or multilateral, include jurisdictional clauses conferring jurisdiction of the ICJ.…
12. Settlement of Disputes | Taiwan
(1,971 words)
12.1 Taiwan and Dispute Settlement Mechanism in RFMOsDispute settlement mechanism (DSM) has been a crucial element in the fields of international law and international organizations today. Particularly, when the United Nations was established in 1945, Article 2(3) of the Charter of the United Nations clearly stipulated that all Members shall settle their international disputes by peaceful means in such a manner that international peace, security, and justice are not endangered. Therefore, peaceful disp…
12. Settlement of Disputes | Thailand
(3,444 words)
12.1 The Temple of Preah Vihear CaseA Case Concerning the
Temple of Preah Vihear (1962 Judgment) is the dispute between Cambodia v. Thailand. In 1959, Cambodia claimed that Thailand had occupied a piece of its territory surrounding the area of the Temple of Preah Vihear and asked the International Court of Justice (hereinafter ICJ) to adjudge and declare that territorial sovereignty over the Temple belonged to Cambodia and that Thailand was under an obligation to withdraw the armed detachment stationed there.The cause of the conflict began in 1904 when France (as the Protec…
12. Settlement of Disputes | Viet Nam
(1,592 words)
12.1 Viet Nam’s Attitude toward International AdjudicationViet Nam generally does not consent to international adjudication where there is a choice between judicial and non-judicial dispute settlement mechanisms. It often makes reservations to the provisions specifying international courts or tribunals to settle disputes arising from the treaties on issues such as reservations to the Vienna Convention on the Law of Treaties, Convention on the Privileges and Immunities of the United Nations, Convention…