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.
General
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