The first Western-language research monograph detailing significant developments in consumer law and policy across Southeast Asia. Eight chapters examine consumer law topics within ASEAN member states such as product safety and consumer contracts as well as financial and health services, plus the interface with competition law.
ÔThis book makes an important contribution to the legal literature not only for the ASEAN region but also for the world at large. Both editors, Robert Beckman and J. Ashley Roach, are highly knowledgeable and experienced in the international law pertaining to piracy and international crimes. The chapters they write combined with perspectives by authors from Greece, Sweden, Singapore, Philippines and elsewhere provide a broad but detailed review of the current law and policy as well as remaining challenges.Õ Ð Myron H. Nordquist, University of Virginia School of Law, US ÔThis book is an outstanding analysis of piracy and maritime crimes in the ASEAN region edited by two world-class law of the sea experts. It is must reading for anyone seriously interested in ending the scourge of piracy.Õ Ð John Norton Moore, University of Virginia and former United States Law of the Sea Ambassador ÔI can confidently say that this is the best book on the legal dimension of the problem of piracy in general, and of piracy in Southeast Asia and off the coast of Somalia in particular, and what we can do about it. Robert Beckman and Ashley Roach are two of the finest minds working in international law today. They have brought their knowledge and sharp analytical skills to edit a book of great relevance to the world's shipping industry, IMO, ASEAN and international lawyers and law enforcement agencies.Õ Ð Tommy Koh, United Nations Convention on the Law of the Sea Southeast Asian waters are critical for international trade and the global economy. Combating maritime crimes has always been a priority as well as a challenge for ASEAN member states. While much emphasis has been placed on enhancing operational cooperation against maritime crimes, the need for an effective legal framework to combat such maritime crimes has not been sufficiently examined. This book demonstrates that ASEAN member states can establish a legal framework to combat maritime crimes by ratifying and effectively implementing relevant global and regional conventions. It also explores the issues that ASEAN member states, and ASEAN as an organization, face in establishing such a framework and suggests suitable steps that can be taken to address such issues. This informative and detailed study will inform research and policy, and will appeal to government, treaty and policy officials, academics, researchers and students, as well as international and regional organizations concerned with piracy and other related maritime crimes, ocean affairs and the law of the sea.
Boundary disputes in the South China Sea have been a long-standing threat to peace and security in East and Southeast Asia. Without agreed definition of boundaries, provisional arrangements to develop resources in the disputed area have become the favored, and most effective, solution. Therefore, joint development between various countries has taken place in the form of ad hoc arrangements with the goal of achieving positive outcomes for all parties involved. Incorporating insights from ten authors from six countries (Brunei, China, Indonesia, Malaysia, the Philippines, and Vietnam), this book provides a comprehensive analysis of the incentives and policies to joint development in the South China Sea disputes. The authors also discuss the bottlenecks and proposed policy options. The authors ease doubts over joint development in South China Sea disputes and shed light on creative ways to promote cooperation. The book is a key reference for students and scholars in politics and international relations, Asian Studies, and maritime law.
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.
Regional institutions are an increasingly prominent feature of world politics. Their characteristics and performance vary widely: some are highly legalistic and bureaucratic, while others are informal and flexible. They also differ in terms of inclusiveness, decision-making rules and commitment to the non-interference principle. This is the first book to offer a conceptual framework for comparing the design and effectiveness of regional international institutions, including the EU, NATO, ASEAN, OAS, AU and the Arab League. The case studies, by a group of leading scholars of regional institutions, offer a rigorous, historically informed analysis of the differences and similarities in institutions across Europe, Latin America, Asia, Middle East and Africa. The chapters provide a more theoretically and empirically diverse analysis of the design and efficacy of regional institutions than heretofore available.
This book highlights the main features of the economic, commercial, political, fiscal and financial systems of each of the ASEAN countries from a domestic and an international point of view. Moreover, it analyses the most relevant international treaties signed by ASEAN’s members. Published after the 50th anniversary of ASEAN to promote the association, the book is a valuable tool for practitioners who are interested in developing economic activities or investments in this area.
This book seeks to explain two core paradoxes associated with the Association of Southeast Asian Nations (ASEAN): How have diverse states hung together and stabilized relations in the face of competing interests, divergent preferences, and arguably weak cooperation? How has a group of lesser, self-identified Southeast Asian powers gone beyond its original regional purview to shape the form and content of Asian Pacific and East Asian regionalisms? According to Alice Ba, the answers lie in ASEAN's founding arguments: arguments that were premised on an assumed regional disunity. She demonstrates how these arguments draw critical causal connections that make Southeast Asian regionalism a necessary response to problems, give rise to its defining informality and consensus-seeking process, and also constrain ASEAN's regionalism. Tracing debates about ASEAN's intra- and extra-regional relations over four decades, she argues for a process-driven view of cooperation, sheds light on intervening processes of argument and debate, and highlights interacting material, ideational, and social forces in the construction of regions and regionalisms.
