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. ASEAN Law is implemented under a hybrid governance system with national implementation and 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.

Format: Paperback / softback
Length: 178 pages
Publication date: 01 August 2022
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.

Throughout this period, ASEAN has concluded hundreds of legally binding regional treaties and international instruments in various areas of economic, political-security, and socio-cultural concerns. These agreements and instruments are aimed at achieving ASEAN's rule of law-based development objective, which seeks to promote sustainable economic growth, social development, and regional peace and stability.

Pre-Charter and post-Charter ASEAN Law is implemented under a hybrid governance system that relies heavily on national implementation by ASEAN Member States alongside the evolving regional institutions of ASEAN. This system aims to balance the interests of individual Member States with the collective goals of the ASEAN Community. However, the implementation of ASEAN Law varies across different countries due to variations in their legal systems, administrative capacity, and compliance with ASEAN standards.

The result of this implementation is a particular paradigm of horizontal embeddedness of ASEAN Law, where its norms and operational practices are contingent on the capacities and compliance of national government bureaucracies in Southeast Asia. This approach differs from the deep integration model seen in the European Union, where a unified legal framework is applied across all Member States. Instead, ASEAN Law operates within a framework of regional cooperation and interdependence, recognizing the unique legal and cultural contexts of each Member State.

This edited collection is a concise and authoritative volume that explores 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. The book brings together contributions from a diverse range of key thinkers in the field, providing a comprehensive examination of 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, and foreign investment.

The first chapter of the book provides an overview of ASEAN's legal and institutional history, including the pre-Charter practices and the development of the ASEAN Charter. It also highlights the key objectives and principles of ASEAN Law, such as the promotion of economic growth, social development, and regional peace and stability.

The second chapter examines the practical implications of ASEAN Law on the region's economic integration and trade. It explores the legal framework for the ASEAN Economic Community, including the ASEAN Free Trade Agreement (AFTA) and the ASEAN Investment Area (AIA), and discusses the challenges and opportunities for businesses and investors in the region. The chapter also examines the role of regional institutions, such as the ASEAN Secretariat and the ASEAN Economic Community Council, in promoting economic cooperation and integration.

The third chapter focuses on the legal aspects of ASEAN's political-security cooperation. It examines the ASEAN Political-Security Community's objectives, including the promotion of peace, security, and stability in the region, and the legal framework for cooperation in areas such as counterterrorism, cybersecurity, and regional security. The chapter also discusses the role of regional institutions, such as the ASEAN Regional Forum (ARF) and the ASEAN Defense Ministers' Meeting Plus (ADMM+), in fostering political-security cooperation and addressing regional security challenges.

The fourth chapter examines the legal aspects of ASEAN's socio-cultural cooperation. It explores the ASEAN Socio-Cultural Community's objectives, including the promotion of cultural diversity, social harmony, and human rights in the region. The chapter also discusses the legal framework for cooperation in areas such as education, tourism, and cultural heritage preservation. The chapter also examines the role of regional institutions, such as the ASEAN Intergovernmental Commission on Human Rights (AICHR) and the ASEAN Foundation, in promoting socio-cultural cooperation and addressing regional social issues.

The fifth chapter examines the legal aspects of ASEAN's external relations and cooperation with other regional and international organizations. It explores the legal framework for ASEAN's engagement with the United Nations, the World Trade Organization, and other regional and international bodies, and discusses the challenges and opportunities for ASEAN in promoting its interests and values in the global arena. The chapter also examines the role of regional institutions, such as the ASEAN-United Nations Dialogue and the ASEAN-European Union Dialogue, in fostering external relations and cooperation.

The sixth chapter examines the legal aspects of ASEAN's dispute resolution mechanisms. It explores the legal framework for resolving disputes between ASEAN Member States, including the ASEAN Dispute Settlement Mechanism (ADSM) and the ASEAN Court of Justice (ACJ). The chapter also discusses the role of regional institutions, such as the ASEAN Intergovernmental Commission on Human Rights (AICHR) and the ASEAN Commission on the Promotion and Protection of the Rights of Women and Children (ACWC), in promoting dispute resolution and protecting human rights in the region.

The seventh chapter examines the legal aspects of ASEAN's role in promoting rule of law-based development in the region. It explores the legal framework for promoting sustainable development, human rights, and good governance in the region, and the role of ASEAN Law in supporting these objectives. The chapter also discusses the challenges and opportunities for ASEAN in promoting rule of law-based development in the context of the region's emerging single market and production base.

In conclusion, this edited collection provides a comprehensive and authoritative examination 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. The book brings together contributions from a diverse range of key thinkers in the field, providing a valuable resource for scholars, policymakers, and practitioners interested in ASEAN Law and its role in promoting regional cooperation and integration.

Weight: 360g
Dimension: 234 x 156 (mm)
ISBN-13: 9780367647650