ASEAN Law and Regional Integration: Governance and the Rule of Law in Southeast Asia's Single Market

The ASEAN Charter in 2008 transformed ASEAN into a formal intergovernmental organization with three pillar communities: the ASEAN Political-Security Community, the ASEAN Economic Community, and the ASEAN Socio-Cultural Community. Pre-Charter and post-Charter ASEAN Law is implemented under a hybrid governance system, with ASEAN Member State national implementation alongside ASEAN's evolving regional institutions. This edited collection covers the practical, doctrinal, legal, and policy aspects of ASEAN Law and its consequences for realizing rule of law-based development in Southeast Asia's emerging single market and production base. It examines the nature of regional law-making under ASEAN, the nature of ASEAN's economic regulators, and the evolving structure for enforcement and harmonization of "ASEAN Law" through Southeast Asian national courts, arbitral tribunals, and mechanisms for inter-State, intra-regional, and individual-State conflict management and dispute resolution.

Format: Hardback
Length: 178 pages
Publication date: 30 December 2020
Publisher: Taylor & Francis Ltd

Since the passage of the ASEAN Charter in 2008, the Association of Southeast Asian Nations (ASEAN) has undergone a remarkable transformation, evolving from a loose economic cooperation into a formal intergovernmental organization with the primary objective of creating an "ASEAN Community" united by three pillar communities: the ASEAN Political-Security Community, the ASEAN Economic Community, and the ASEAN Socio-Cultural Community. This transformation has been a result of forty years of pre-Charter ASEAN practices and over ten years of post-Charter ASEAN practices, which have 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.

Under a hybrid governance system, pre-Charter and post-Charter ASEAN Law is implemented in varying degrees by ASEAN Member State national implementation alongside the evolving regional institutions of ASEAN. This implementation approach has led to a particular paradigm of horizontal embeddedness of ASEAN Law, contingent on the capacities and compliance of national government bureaucracies in Southeast Asia. While the result may not resemble the deep integration seen in the European Union, it represents a unique model of horizontal embeddedness that permeates all aspects of ASEAN Law, including its norms and operational practices.

This edited collection serves as a concise and authoritative resource on the practical, doctrinal, legal, and policy aspects of the new regime of ASEAN Law and its implications for realizing rule of law-based development in Southeast Asia's emerging single market and production base. The editors have brought together contributions from a diverse range of key thinkers in the field, presenting the legal and policy-making issues involved in the practical implementation of Southeast Asia's single market and its regime for the free movement of goods, services, and foreign investment.

The book begins by providing an overview of the ASEAN Charter and its significance in shaping the legal framework of ASEAN. It then delves into the three pillar communities and their respective roles in fostering economic, political-security, and socio-cultural cooperation within the region. The editors discuss the legal and policy challenges associated with the establishment and functioning of these communities, including issues related to trade, investment, intellectual property rights, and human rights.

In the subsequent chapters, the book explores the practical implications of ASEAN Law on various sectors, such as trade, investment, and intellectual property. It examines the legal frameworks and agreements that govern these areas, as well as the challenges and opportunities they present for businesses and individuals in Southeast Asia. The editors also discuss the role of regional institutions, such as the ASEAN Secretariat and the ASEAN Economic Community, in promoting and facilitating trade and investment within the region.

The collection also addresses the doctrinal aspects of ASEAN Law, including its theoretical foundations, principles, and legal doctrines. It examines the role of international law and regional legal frameworks in shaping ASEAN Law and the challenges and opportunities they present for ASEAN Member States in their interactions with the global community. The editors also discuss the role of ASEAN Law in promoting the rule of law, good governance, and sustainable development in Southeast Asia.

Finally, the book concludes with a reflection on the future of ASEAN Law and its potential for further development. It examines the challenges and opportunities that lie ahead for ASEAN as it continues to evolve and adapt to the changing global landscape. The editors suggest strategies for enhancing ASEAN Law's effectiveness, including the promotion of legal education and training, the development of regional dispute resolution mechanisms, and the further integration of ASEAN Law into the broader legal framework of the region.

In conclusion, this edited collection provides a comprehensive and insightful examination of the new regime of ASEAN Law and its implications for realizing rule of law-based development in Southeast Asia. It is a valuable resource for scholars, policymakers, and practitioners interested in understanding the legal and policy challenges associated with the region's economic integration and cooperation. By bringing together contributions from a diverse range of experts, the book offers a valuable contribution to the ongoing debate on the future of ASEAN and its role in shaping the region's development trajectory.

Weight: 440g
Dimension: 241 x 160 x 18 (mm)
ISBN-13: 9781138934917