During the 1980s and 1990s Asian 'developmental states' attracted much attention in political science and economics literature, but the role of law in the economic development was neglected. It was only after the Asian crisis of 1997 that many analysts began to focus on a lack of regulation and transparency as a major factor triggering the crisis. The crucial questions now are how successful the current reforms will be, and which features of the Asian approach to commercial law will be resistant to reform pressures. This book examines the prospects for commercial law reform in Asia, giving particular attention to Japan and Singapore, as frequently cited role models for Asian developmentalism, and also examining development related business laws in countries such as China, Korea, Indonesia, Malaysia, Vietnam and the Philippines.
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.
Southeast Asia is one of the most diverse regions in the world, hosting a wide range of languages, ethnicities, religions, economics, and political systems. This comprehensive Handbook traces the experiences of diverse actors in Southeast Asia in their pursuit of development, while recognising the multiple meanings that are attached to this term.
This book examines administrative law throughout Asia, exploring the profound changes in many legal regimes that have occurred. It shows how many states have shifted towards a more market-oriented regulatory state model, involving a greater role for judges and law-like processes, and explores the profound implications of this for policy-making.
Southeast Asia has long fascinated development practitioners and researchers for being one of the few regions of the world that has resisted global trends to become a successful developing region. Divided into accessible thematic chapters, this book adopts a unique perspective of equitable development to outline the strengths and weaknesses of the transformations taking place in the Southeast Asian region. Focusing on four key themes: equality and inequality; political freedom and opportunity; empowerment and participation; and environmental sustainability, these concepts are used to explore Southeast Asian development and trace the impacts that the growing popularity of market-led and grassroots approaches are having upon economic, political and social processes. Whilst the diversity of the region is emphasized so are some of the homogenizing trends such as the concentration of wealth and services in urban areas and the subsequent migration of rural people into urban factories and squatter settlements. The ongoing commercialization and industrialization of rural agriculture as well as the expansion of non-farm income earning opportunities in rural spaces, and the alarming rates of environmental degradation which threaten health and livelihoods are also exposed. In highlighting how Southeast Asian development is unevenly distributing wealth, opportunities and risks throughout the region, this book emphasizes the need for creative new approaches to ensure that benefits of development are equitably enjoyed by all. Including illustrations, case studies and further reading, this book provides an accessible up-to-date introductory text for students and researchers interested in Southeast Asian development, development studies, Asian studies and geography.
This handbook surveys how international law is applied and interpreted in the Asia-Pacific region. It explores Asia's contribution to the development of international law and whether a distinct 'Asian' approach can be perceived
Available Open Access under CC-BY-NC licence. Examining how the Association of Southeast Asian Nations’ (ASEAN) has responded to external threats over the past 50 years, this book provides a compelling account of regional state actions and foreign policy in the face of potential sovereignty violation. The author draws on a large amount of previously unanalysed material, including declassified government documents and WikiLeaks cables, to examine four key cases since 1975. Taking into account state interests and the role of external powers, the author develops the ‘vanguard state theory’ to explain ASEAN state responses to sovereignty violation, which, it is argued, has universal applicability and explanatory power.
