Putri Anindita Sahari’s scientific contributions

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Publications (1)


For a More Effective and Competitive ASEAN Dispute Settlement Mechanism
  • Article

January 2014

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65 Reads

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3 Citations

SSRN Electronic Journal

Joseph Wira Koesnaidi

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Yunita Fransisca

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Putri Anindita Sahari

This paper aims to answer the question why until now there is no single case every being brought to ASEAN dispute settlement system, from different angles. First, it analyzes whether there are lacking in the rules and procedures of the ASEAN Dispute Settlement System. Second, explores if the problem is in the dispute settlement system infrastructures. Third, examines whether ASEAN culture is the reason behind the zero dispute. Fourth, analyzes is there any financial constraint underlying the untested dispute settlement mechanism. Fifth, explores the possibility of Members not resorting to ASEAN DSM is because the lack of legal certainty or case precedence. Sixth, whether the lack of expertise or experts in ASEAN laws or ASEAN Dispute Settlement might be one of the reasons. Seventh, whether the very short and ambitious timeframe makes Members hesitant to utilize this mechanism. Eight, the low utilization is in fact happens everywhere in other RTAs/FTAs and not just ASEAN.

Citations (1)


... The dispute settlement procedure mirrors the WTO, with an equivalent dispute settlement infrastructure to support the dispute settlement mechanism (Wira Koesnaidi, et al., 2014). The relevant organs are: However, "[W]hile the dispute settlement mechanism set up by ASEAN for economic agreements looks impressive on paper, it is remarkable that ASEAN members have not resorted to any of these instruments up to now to settle a specific dispute" (Malanczuk, 2017). ...

Reference:

Developing an Effective Mechanism to Monitor and Ensure Compliance to SADC Protocols and other Legal Instruments and Commitments Final Report
For a More Effective and Competitive ASEAN Dispute Settlement Mechanism
  • Citing Article
  • January 2014

SSRN Electronic Journal