Download or read book Dispute Settlement Mechanisms Under the ASEAN Legal Frameworks written by Ricardo Simanjuntak and published by . This book was released on 2015 with total page 240 pages. Available in PDF, EPUB and Kindle. Book excerpt:
Download or read book ASEAN written by Paul J. Davidson and published by Cavendish Square Publishing. This book was released on 2002 with total page 300 pages. Available in PDF, EPUB and Kindle. Book excerpt: This book examines the various steps that ASEAN has taken towards economic cooperation within the region and examines them in the context of the developing legal framework as affected by economic and political developments. Also dealt with are the various mechanisms for dispute resolution available in intra-ASEAN economic relations. In international law, a hierarchy of legal frameworks exists, and regional frameworks must accord with broader, multilateral frameworks of which participants are also members. This book therefore examines how ASEAN fits within the existing multilateral international framework for trade and investment. Further to this, the author analyzes on the one hand, the role of the sub-regional "Growth Triangles" in this emerging legal framework, and on the other hand, the movements towards broader economic cooperation in the larger region, like the proposals for the East Asian Economic Caucus (EAEC) and for the Asian Pacific Economic Cooperation (APEC) forum.
Download or read book Regional Economic Integration and Dispute Settlement in East Asia written by Anna G Tevini and published by Bloomsbury Publishing. This book was released on 2018-06-28 with total page 587 pages. Available in PDF, EPUB and Kindle. Book excerpt: The accession of the People's Republic of China to the World Trade Organization (WTO) in 2001 significantly transformed the global economy both de facto and de jure. At the regional level, China's WTO accession served as an important catalyst for the establishment of Regional Trade Agreements (RTAs) in East Asia. This was a novel development for the region, since East Asian States had previously followed a largely informal, market-driven approach to regional economic integration. By contrast, rules-based economic integration involving East Asian States was traditionally limited to multilateral integration under the GATT/WTO framework. This book systematically analyses and explains the development, nature and challenges of rules-based regional economic integration in East Asia with particular attention to the region's first four RTAs. While also addressing the socio-economic, historical and political factors influencing the development of RTAs in East Asia, the book focuses on the legal institutions governing economic integration in the Association of Southeast Asian Nations (ASEAN), as well as under the ASEAN–China Comprehensive Economic Co-Operation Agreement (ACFTA), the Japan–Singapore New Age Economic Partnership Agreement (JSEPA), and the Mainland China–Hong Kong Closer Economic Partnership Arrangement (CEPA). The book provides a systematic, comparative account of the scope, depth and (hard law versus soft law) quality of rules-based economic integration achieved under these four RTAs in the areas of trade in goods and services, investment liberalisation and protection, labour mobility, and dispute settlement.
Download or read book Promoting Compliance written by Robert Beckman and published by Cambridge University Press. This book was released on 2016-05-19 with total page 327 pages. Available in PDF, EPUB and Kindle. Book excerpt: The reputation and achievement of the ASEAN Community hinges on compliance. This seminal book discusses whether ASEAN's faith in dispute settlement and monitoring mechanisms as a means to better compliance is justified and delves into the extent to which they can facilitate ASEAN Community building. It provides the first comprehensive and systematic analysis of ASEAN's compliance with its instruments, and enables readers to see ASEAN as an organisation increasingly based on law and institutions. Readers will also learn how ASEAN balances a thin line between law and institutions on the one hand and diplomacy and realism on the other. Scholars of adjudicatory mechanisms will find this book a fascinating addition to the literature available, and it will serve as a 'go-to' reference for ASEAN state agencies. The book will also interest academics and practitioners working on comparative and cross-disciplinary studies of dispute settlement, monitoring mechanisms, compliance, and international and regional organisations.
Download or read book Dreams and Dilemmas written by Kōichi Hamada and published by Institute of Southeast Asian Studies. This book was released on 2000 with total page 528 pages. Available in PDF, EPUB and Kindle. Book excerpt: This volume consists of two parts. Part one discusses economic friction in the Asia-Pacific region from three aspects: macroeconomic and microeconomic friction, and that between the state and the market mechanism. In part two, four types of legal frameworks for dispute resolution are examined.
Download or read book Limits and Challenging Factors of the Dispute Settlement Mechanism in the Light of China ASEAN Free Trade Agreement Perspective written by Pattawee Sookhakich and published by . This book was released on 2019 with total page 8 pages. Available in PDF, EPUB and Kindle. Book excerpt: The aim of this article is to understand the dispute settlement mechanism in the ASEANChina Free Trade Agreement, hereinafter ACFTA. The ACFTA consists of ten ASEAN members plus one, namely Brunei, Cambodia, Indonesia, Laos, Malaysia, Myanmar (Burma), the Philippines, Singapore, Thailand, Vietnam and China. This article will present the current situation and motives behind China and the ASEAN's Free Trade Area engagement. The ACFTA was signed in order to embrace the opportunities and face the challenges of being integrated into the region's economy. One of the major limitations of ASEAN economic regulation, especially free trade regulation, is the ASEAN's underdeveloped Dispute Settlement Mechanism (DSM). Interestingly, the number of cases that have arisen under the ACFTA is nil since its creation in 2005, which places the ACFTA DSM in doubt over its effectiveness. The legal problems regarding the China-ASEAN free trade area (FTA) will also be discussed in this article. Furthermore, this article focuses on what would be an appropriate DSM's framework, and its legal issues concerning how the dispute settlement mechanism from the perspective of the ACFTA, should be developed in order to improve the China-ASEAN dispute resolution mechanism and facilitate legal research of countries in the region.
Download or read book Dispute Settlement for ASEAN Businesses under the Belt and Road Initiative written by Locknie Hsu and published by Edward Elgar Publishing. This book was released on 2022-12-06 with total page 197 pages. Available in PDF, EPUB and Kindle. Book excerpt: This forward-looking book examines dispute resolution issues in the context of Belt and Road Initiative dealings between parties in ASEAN Member States, China and other trade partners. It discusses a range of commercial dispute issues and economic agreements including free trade agreements and investment agreements, both bilateral and regional.
Download or read book Understanding Dispute Settlement Mechanisms in the World Trading System written by Rahmat Mohamad and published by . This book was released on 2004 with total page 196 pages. Available in PDF, EPUB and Kindle. Book excerpt:
Download or read book ASEAN Law and Regional Integration written by Diane A Desierto and published by Routledge. This book was released on 2020-12-29 with total page 233 pages. Available in PDF, EPUB and Kindle. Book excerpt: 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.
Download or read book From Community to Compliance written by Simon Chesterman and published by Cambridge University Press. This book was released on 2015-04-16 with total page 197 pages. Available in PDF, EPUB and Kindle. Book excerpt: Charts the efforts to move ASEAN from a periodic meeting of foreign ministers to becoming a serious international organisation.
Download or read book ASEAN and the Reform of Investor State Dispute Settlement written by Calamita, Nicolas J. and published by Edward Elgar Publishing. This book was released on 2022-07-19 with total page 304 pages. Available in PDF, EPUB and Kindle. Book excerpt: The reform of Investor-State Dispute Settlement (ISDS) is a subject of ongoing debate in international institutions, yet an ASEAN perspective on the subject has been largely absent to date. This book addresses that gap by presenting, analysing and assessing ISDS reform from an ASEAN perspective, taking into account the experience, needs and concerns of ASEAN as a community and of its member states.
Download or read book The Asean Charter written by ASEAN. and published by . This book was released on 2008 with total page 64 pages. Available in PDF, EPUB and Kindle. Book excerpt:
Download or read book An ASEAN Framework for Cross Border Cooperation in Financial Consumer Dispute Resolution written by Vivien Chen and published by . This book was released on 2017 with total page 26 pages. Available in PDF, EPUB and Kindle. Book excerpt: The increasing integration of regional markets in Southeast Asia has led to the need for a regional framework for financial consumer protection. Access to affordable redress mechanisms is essential for consumer confidence in Southeast Asia's burgeoning regional financial markets. Drawing on established channels of regional cooperation among the Association of Southeast Asian Nations (ASEAN) Member States, this article proposes a framework based on international best practices and existing financial consumer dispute resolution mechanisms in ASEAN 5 countries. It explores the need for cross-border cooperation to facilitate the effective resolution of financial consumer disputes arising from cross-border transactions. Key proposals include requiring ASEAN CIS passport operators to submit to the jurisdiction of host country financial consumer alternative dispute resolution mechanisms. The ASEAN Committee on Consumer Protection, with its contact points in each Member State and website on available consumer redress mechanisms across ASEAN, provides a platform for the strengthening of cross-border cooperation and facilitating financial consumer access to affordable redress in cross-border transactions.
Download or read book Dispute Settlement Mechanism in ASEAN written by Rahmat Mohamad and published by . This book was released on 2004 with total page pages. Available in PDF, EPUB and Kindle. Book excerpt:
Download or read book The Deadlock of ASEAN Dispute Settlement Mechanisms and Why ASEAN Cannot Unlock It written by Nattapat Limsiritong and published by . This book was released on 2017 with total page 8 pages. Available in PDF, EPUB and Kindle. Book excerpt: The objective of this work is to answer the questions that “What is the deadlock of ASEAN Dispute Settlement Mechanisms (ASEAN DSMs)?” and “Why can't ASEAN unlock it?” by comparative study between ASEAN DSMs and European Union Dispute Settlement Mechanisms (EU DSMs). A result of this work found that a positive consensus in decision making mode of ASEAN Summit under Article 20 of ASEAN Charter (Charter), which is seriously designed to protect the political security of ASEAN, also created a deadlock of ASEAN DSMs as a whole. Finally, in order to bypass this dead-end, the ASEAN needs to reverse the process by using the model of reverse consensus (negative consensus). However, even the Charter opens a gap to unlock its deadlock by re-interpreting of law, the ASEAN Summit still keep seriously staying on an ASEAN way to protect the political security. Hence the deadlock of ASEAN DSMs cannot be solved in practice until the political mindset of ASEAN is changed.
Download or read book The Legitimacy of International Trade Courts and Tribunals written by Robert Howse and published by Studies on International Courts and Tribunals. This book was released on 2018-04-12 with total page 547 pages. Available in PDF, EPUB and Kindle. Book excerpt: 2.2 Procedural Rules and Issues
Download or read book For a More Effective and Competitive ASEAN Dispute Settlement Mechanism written by Joseph Wira Koesnaidi and published by . This book was released on 2015 with total page 85 pages. Available in PDF, EPUB and Kindle. Book excerpt: This paper aims to answer the question why until now there is no single case every being brought to ASEAN dispute settlement system, from different angles. First, it analyzes whether there are lacking in the rules and procedures of the ASEAN Dispute Settlement System. Second, explores if the problem is in the dispute settlement system infrastructures. Third, examines whether ASEAN culture is the reason behind the zero dispute. Fourth, analyzes is there any financial constraint underlying the untested dispute settlement mechanism. Fifth, explores the possibility of Members not resorting to ASEAN DSM is because the lack of legal certainty or case precedence. Sixth, whether the lack of expertise or experts in ASEAN laws or ASEAN Dispute Settlement might be one of the reasons. Seventh, whether the very short and ambitious timeframe makes Members hesitant to utilize this mechanism. Eight, the low utilization is in fact happens everywhere in other RTAs/FTAs and not just ASEAN.
