A New Dawn for the Common Law : The Proposal for a New Court System Around the ASEAN Trade in Goods Agreement (ATIGA)

The Association of Southeast Asian Nations (ASEAN) formed the ASEAN Trade in Goods Agreement (ATIGA) to facilitate trade liberalization between the bloc’s members. These Member States have continued to implement the agreement according to the dispute settlement mechanism set by the ASEAN Protocol on Enhanced Dispute Settlement Mechanism (Protocol). However, this Note will argue that the current dispute settlement mechanism (DSM) is inadequate because the panel system does not always provide a final forum for disputes between Member States. Therefore, a new mechanism is necessary to better adhere to the principles of the ASEAN Charter, strengthen the attractiveness of the Member States as trade destinations, and facilitate legal access for firms based in common law countries. This Note therefore argues for the establishment of a permanent court system based in Singapore that adjudicates disputes over goods under the ATIGA under the principles of the ASEAN Charter and the provisions of the ATIGA and the Protocol