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ASEAN Law and Regional Integration by Diane A Desierto,David J Cohen Pdf
Since the passage of the ASEAN Charter in 2008, ASEAN has transformed itself from a loose economic cooperation, into a formal intergovernmental organization designed to create an “ASEAN Community” forged together in three pillar communities – the ASEAN Political-Security Community, ASEAN Economic Community, and tASEAN Socio-Cultural Community. Forty years of pre-Charter ASEAN practices, coupled with over ten years of post-Charter ASEAN practices thus far, has witnessed the conclusion of hundreds of legally binding regional treaties and similarly binding international instruments in all areas of economic, political-security, and socio-cultural concerns for Southeast Asia to achieve ASEAN’s rule of law-based development objective. Pre-Charter and post-Charter ASEAN Law is variably implemented under a hybrid governance system that depends heavily on ASEAN Member State national implementation alongside ASEAN’s evolving regional institutions. The result is not a model of deep integration as in the case of the European Union, but a particular paradigm of horizontal embeddedness of ASEAN Law – in all its norms and operational practices – contingent on the capacities and compliance of national government bureaucracies in Southeast Asia. This edited collection is a concise authoritative volume covering the practical, doctrinal, legal, and policy aspects of the new regime of ASEAN Law and its consequences for realizing rule of law-based development in Southeast Asia’s emerging single market and production base. Drawing together contributions from a range of key thinkers in the field, the editors present the legal and policy-making issues implicated in the practical implementation of Southeast Asia’s single market and its regime for the free movement of goods, services, foreign investment, and cross-border labor. The book also examines the nature of regional law-making under ASEAN before and after the commencement of regional integration in 2015, the nature of ASEAN’s economic regulators, as well as the evolving structure for enforcement and harmonization of “ASEAN Law” through the array of Southeast Asian national courts, arbitral tribunals, and incipient mechanisms for inter-State, intra-regional, and individual-State conflict management and dispute resolution. This book is highly relevant to students, scholars, and policy-makers with an interest in ASEAN Law and regional policy, and to Southeast Asian studies in general.
ASEAN Law and Regional Integration by Diane A. Desierto,David J. Cohen Pdf
Since the passage of the ASEAN Charter in 2008, ASEAN has transformed itself from a loose economic cooperation, into a formal intergovernmental organization designed to create an "ASEAN Community" forged together in three pillar communities - the ASEAN Political-Security Community, ASEAN Economic Community, and tASEAN Socio-Cultural Community. Forty years of pre-Charter ASEAN practices, coupled with over ten years of post-Charter ASEAN practices thus far, has witnessed the conclusion of hundreds of legally binding regional treaties and similarly binding international instruments in all areas of economic, political-security, and socio-cultural concerns for Southeast Asia to achieve ASEAN's rule of law-based development objective. Pre-Charter and post-Charter ASEAN Law is variably implemented under a hybrid governance system that depends heavily on ASEAN Member State national implementation alongside ASEAN's evolving regional institutions. The result is not a model of deep integration as in the case of the European Union, but a particular paradigm of horizontal embeddedness of ASEAN Law - in all its norms and operational practices - contingent on the capacities and compliance of national government bureaucracies in Southeast Asia. This edited collection is a concise authoritative volume covering the practical, doctrinal, legal, and policy aspects of the new regime of ASEAN Law and its consequences for realizing rule of law-based development in Southeast Asia's emerging single market and production base. Drawing together contributions from a range of key thinkers in the field, the editors present the legal and policy-making issues implicated in the practical implementation of Southeast Asia's single market and its regime for the free movement of goods, services, foreign investment, and cross-border labor. The book also examines the nature of regional law-making under ASEAN before and after the commencement of regional integration in 2015, the nature of ASEAN's economic regulators, as well as the evolving structure for enforcement and harmonization of "ASEAN Law" through the array of Southeast Asian national courts, arbitral tribunals, and incipient mechanisms for inter-State, intra-regional, and individual-State conflict management and dispute resolution. This book is highly relevant to students, scholars, and policy-makers with an interest in ASEAN Law and regional policy, and to Southeast Asian studies in general.
China, India and the International Economic Order by Muthucumaraswamy Sornarajah,Jiangyu Wang Pdf
With contributions by a variety of internationally distinguished scholars on international law, world trade, business law and development, this unique examination of the roles of China and India in the new world economy adopts the perspectives of international economic law and comparative law. The two countries are compared with respect to issues concerning trade and development, the World Trade Organization, international dispute settlement, regional/free trade agreements, outsourcing, international investment, foreign investment, corporate governance, competition law and policy, and law and development in general. The findings demonstrate that, though their domestic approaches to economic issues diverge, China and India adopt similar stances at the international level on many major issues, recapturing images which existed during the immediate post-colonial era. Cooperation between China and India could provide leadership in the struggle for economic development in developing countries.
This book examines the various steps that ASEAN has taken towards economic cooperation within the region and examines them in the context of the developing legal framework as affected by economic and political developments. Also dealt with are the various mechanisms for dispute resolution available in intra-ASEAN economic relations. In international law, a hierarchy of legal frameworks exists, and regional frameworks must accord with broader, multilateral frameworks of which participants are also members. This book therefore examines how ASEAN fits within the existing multilateral international framework for trade and investment. Further to this, the author analyzes on the one hand, the role of the sub-regional "Growth Triangles" in this emerging legal framework, and on the other hand, the movements towards broader economic cooperation in the larger region, like the proposals for the East Asian Economic Caucus (EAEC) and for the Asian Pacific Economic Cooperation (APEC) forum.
Competitiveness of the ASEAN Countries by Philippe Gugler,Julien Chaisse Pdf
In an age in which it is increasingly necessary for nations to consider their competitiveness and at a time when the world economy is facing recession, this book explores the possible trajectory of ASEAN arguably one of the most dynamic areas in the world as a regional economic and political bloc. This important and timely study focuses on the role of foreign direct investment in advancing the performance of ASEAN and the competitiveness of its firms, whereas other studies typically focus solely on the role of trade. The expert contributors an interdisciplinary assembly of economists, lawyers and political scientists present a comprehensive view of ASEAN s experiences over the past decade, addressing the industrial competitiveness of ASEAN and analysing the role of MNEs against the background of the challenges of integration. They illustrate that regional integration will only be a success if ASEAN s linkages are broadened with global partners through negotiations of Free Trade Agreements. The book concludes that although much still remains to be done, and many promises are still to be unveiled, ASEAN s coming of age is an historic milestone. Competitiveness of the ASEAN Countries will appeal to a broad readership including students, academics and researchers with an interest in Asian studies, international business, international economics and international law.
The Development of the Rule of Law in ASEAN by Imelda Deinla Pdf
An interdisciplinary work that comparatively studies rule of law practices and the relationship between the rule of law and regional integration, a topic largely explored in European integration. By looking at the function of the rule of law in ASEAN rather than what it 'means' measured on normative conception, the book situates the rule of law in broader institutional and political processes in the member states and in regional relations to show the motivations of member states in adopting a peculiar type of regional architecture. It asks whether forging the rule of law in the region can help build it internally for member states. The book revisits discourses on the 'spill-over' of economic integration, the impact of globalization in reshaping the state and generating new tools of the rule of law. It makes a comprehensive comparison - the European Union, Africa Union and MERCOSUR - showing the uneven pathways to rule of law in various contexts.
ASEAN International Law by Eric Yong Joong Lee Pdf
This book consists of updated and refreshed papers written by international law scholars and practitioners from the ASEAN region and published by the Journal of East Asia and International Law, comprehensively covering almost all contemporary international legal issues related to ASEAN. Legal analysis of the ASEAN integration as one community with one vision in this book provides readers with a better understanding of the current social climate and future developments of ASEAN. Each section within the book covers a highly topical issue on ASEAN cooperation and dispute resolution from an international law perspective. ASEAN is one of the biggest economic communities in the world and the ASEAN+3 covers nearly half of global GDP. Given the region’s global impact, this book is of interest to Asia watchers, academics and policymakers alike.
ASEAN Economic Community Blueprint by ASEAN Studies Centre Pdf
On 28 July 2008, the ASEAN Studies Centre and the Regional Economic Studies Programme, both of the Institute of Southeast Asian Studies, and the Konrad Adenauer Stiftung organized a roundtable on The ASEAN Economic Community Blueprint. The brainstorming session gathered Southeast Asian experts from the region to discuss the AEC Blueprint, which ASEANs leaders had adopted at their summit meeting in November 2007, and the prospects of any obstacles to its implementation by the target year, 2015. The roundtable started with a progress report on the AEC Blueprint given by S. Pushpanathan, Principal Director of Economic Integration and Finance, ASEAN Secretariat, Jakarta. Thereafter, the sessions examined the various aspects of the Blueprint tackling the non-tariff barriers, designing a comprehensive ASEAN Investment Agreement, a regional framework for competition policy, the role of infrastructure development in economic integration, the importance of international production networks in economic integration, etc.
This book investigates long-term development issues for members of the Association of Southeast Asian Nations (ASEAN). It finds that with the proper policy mix—including domestic structural reforms and bold initiatives for regional integration—ASEAN has the potential to reach by 2030 the average quality of life enjoyed today in advanced economies and to fulfill its aspirations to become a resilient, inclusive, competitive, and harmonious (RICH) region. Key challenges moving forward are to enhance macroeconomic and financial stability, support equitable growth, promote competitiveness and innovation, and protect the environment. Overcoming these challenges to build a truly borderless economic region implies eliminating remaining barriers to the flow of goods, services, and production factors; strengthening competitiveness and the institutional framework; and updating some governing principles. But ASEAN should not merely copy the European Union. It must maintain its flexibility and pragmatism without creating a bloated regional bureaucracy. The study’s main message is that through closer integration, ASEAN can form a partnership for achieving shared prosperity in the region and around the globe.