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.
Download or read book Framing the ASEAN Charter written by Rodolfo Severino and published by Institute of Southeast Asian Studies. This book was released on 2005 with total page 70 pages. Available in PDF, EPUB and Kindle. Book excerpt: In this booklet, the Institute of Southeast Asian Studies has put together some ideas for the proposed ASEAN Charter. The leaders of the Association of Southeast Asian Nations had endorsed the concept of a charter for the association on the conviction that such a document would help in making ASEAN a more robust force for peace and stability, a more deeply integrated and more competitive economic community, a more effective instrument for regional cooperation, and a worthier vessel for the hopes of Southeast Asia's people. The ideas in the booklet are meant for the use, as they see fit, of those who may be involved in the drafting of the charter, including the Eminent Persons Group that has been formed to advise the leaders.
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 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 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 AFTA written by Pearl Imada and published by Institute of Southeast Asian. This book was released on 1992 with total page 168 pages. Available in PDF, EPUB and Kindle. Book excerpt: The formation of the ASEAN Free Trade Area (AFTA), agreed upon at the Fourth ASEAN Summit in January 1992, reflects both developments within ASEAN and the changing international economic and political environment. Rapid industrialization in all the ASEAN countries has given rise to greater intra-ASEAN trade. Such trade has also become more complementary than competitive. In the international sphere, the emergence of regional trading blocs such as the Single European Market (SEM) and the recently concluded North American Free Trade Agreement (NAFTA) have also had a major impact on ASEAN's perceptions of a global trading system. Fears of trade and investment diversion, coupled with increasing competition for foreign direct investments, have forced ASEAN to forge closer economic ties amongst its members. This timely volume focuses on the issues concerning the practical aspects of implementation of AFTA, and the ways and means of bringing AFTA to fruition within the 15 year frame. In addition, broader global and regional issues are analysed to provide a more comprehensive discussion of the prospects and problems of AFTA.
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 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 ASEAN Economic Community Blueprint written by ASEAN Studies Centre and published by Institute of Southeast Asian Studies. This book was released on 2009 with total page 113 pages. Available in PDF, EPUB and Kindle. Book excerpt: On 28 July 2008, the ASEAN Studies Centre and the Regional Economic Studies Programme, both of the Institute of Southeast Asian Studies, and the Konrad Adenauer Stiftung organized a roundtable on The ASEAN Economic Community Blueprint. The brainstorming session gathered Southeast Asian experts from the region to discuss the AEC Blueprint, which ASEANs leaders had adopted at their summit meeting in November 2007, and the prospects of any obstacles to its implementation by the target year, 2015. The roundtable started with a progress report on the AEC Blueprint given by S. Pushpanathan, Principal Director of Economic Integration and Finance, ASEAN Secretariat, Jakarta. Thereafter, the sessions examined the various aspects of the Blueprint tackling the non-tariff barriers, designing a comprehensive ASEAN Investment Agreement, a regional framework for competition policy, the role of infrastructure development in economic integration, the importance of international production networks in economic integration, etc.
Download or read book Competition Law in the ASEAN Countries written by Ploykaew Porananond and published by Kluwer Law International B.V.. This book was released on 2018-06-22 with total page 218 pages. Available in PDF, EPUB and Kindle. Book excerpt: Amongst other regional organisations, the Association of Southeast Asian Nations (ASEAN) stands out for the diversity of its ten Member States, stemming from their respective economic and political heritage, governance systems, legal institutions, stages of economic development, and exposure to or reliance on foreign trade and investments. As of 2017, however, the regional bloc has formalised its focus on economic integration and development of a regional competition law. Challenging this vision are the States’ very different national competition law systems, ongoing problems with governmental intervention in the economy, and lack of effective and efficient corruption-free regulatory and juridical infrastructure. This book, the first detailed analysis of competition law in the ASEAN countries, looks at the prospects of implementation for the regional law and compares the existing systems in each Member State. Opening with a thorough description of the composition and organisation of the ASEAN, the analysis proceeds to an in-depth evaluation of such aspects as the following: – persistence of the ASEAN’s traditional mode of dispute resolution, often referred to as the ASEAN Way; – economic challenges posed by intra-regional growth and globalisation; – the strong relationship between the business and government sectors; and – governmental interventions as cultural practices. There is detailed reference throughout to case law, legislation, institutional announcements, relevant treaties, and literature on both the ASEAN and competition law. As an important critical analysis of this major new regional competition law regime, this book will be welcomed by competition law practitioners, multinational corporation counsel, and jurists, officials, and academics in a variety of legal fields. Although the subject is specifically the ASEAN, the analysis contributes to a better understanding of competition law regimes in developing economies and to the more general literature on global competition law.
Download or read book Practicing Peace written by Aarie Glas and published by Oxford University Press. This book was released on 2022 with total page 257 pages. Available in PDF, EPUB and Kindle. Book excerpt: "This chapter introduces the comparative regional study of conflictual peace in Southeast Asia and South America over five sections. First, it surveys trends in interstate peace and conflict in both Southeast Asia and South America in order to illustrate the puzzle at the heart of this book: the long, but conflictual peace of each region. The second section explores existing accounts of this reality, highlighting the role of state power, regional organizations, and norms and in culture in shaping regional relations"--
Download or read book The ASEAN Economic Community written by Sanchita Basu Das and published by Institute of Southeast Asian Studies. This book was released on 2013-12-05 with total page 532 pages. Available in PDF, EPUB and Kindle. Book excerpt: This is an important and timely volume: important because ASEAN is an increasingly significant and influential regional and global actor; and timely because, as the 2015 ASEAN Economic Community target approaches, what is needed is a sympathetic yet arms-length survey of the issues and challenges. ASEAN will miss some of the targets laid out in its AEC Blueprint, but the reader is left in no doubt that the ASEAN spirit is alive and well. The editors include a distinguished former Secretary General of ASEAN and the leading academic analyst of ASEAN economic cooperation. They and their co-editors are to be congratulated for soliciting contributions from an outstanding and diverse group of authors, and then adding their highly authoritative commentary and analysis. A must read for anybody seriously interested in ASEAN.
Download or read book ASEAN Centrality and the ASEAN US Economic Relationship written by Peter A. Petri and published by . This book was released on 2014-02-21 with total page 75 pages. Available in PDF, EPUB and Kindle. Book excerpt: The Association of Southeast Asian Nations (ASEAN) is strategically significant because of its size, dynamism, and role in the Asian economic and security architectures. This paper examines how ASEAN seeks to strengthen these assets through "centrality" in intraregional and external policy decisions. It recommends a two-speed approach toward centrality in order to maximize regional incomes and benefit all member economies: first, selective engagement by ASEAN members in productive external partnerships and, second, vigorous policies to share gains across the region. This strategy has solid underpinnings in the Kemp-Wan theorem on trade agreements. It would warrant, for example, a Trans-Pacific Partnership (TPP) agreement with incomplete ASEAN membership, complemented with policies to extend gains across the region. The United States could support this framework by pursuing deep relations with some ASEAN members, while broadly assisting the region's development.
Download or read book Regional Trade Agreements and the Multilateral Trading System written by Rohini Acharya and published by Cambridge University Press. This book was released on 2016-09-22 with total page 753 pages. Available in PDF, EPUB and Kindle. Book excerpt: This volume contains a collection of studies examining trade-related issues negotiated in regional trade agreements (RTAs) and how RTAs are related to the WTO's rules. While previous work has focused on subsets of RTAs, these studies are based on what is probably the largest dataset used to date, and highlight key issues that have been negotiated in all RTAs notified to the General Agreement on Tariffs and Trade (GATT) and the World Trade Organization (WTO). New rules within RTAs are compared to rules agreed upon by WTO members. The extent of their divergences and the potential implications for parties to RTAs, as well as for WTO members that are not parties to RTAs, are examined. This volume makes an important contribution to the current debate on the role of the WTO in regulating international trade and how WTO rules relate to new rules being developed by RTAs.
Download or read book The Politics and the Economics of Integration in Asia and the Pacific written by Shiro Armstrong and published by Routledge. This book was released on 2011-11-03 with total page 204 pages. Available in PDF, EPUB and Kindle. Book excerpt: The shape of economic integration in the global and regional economies - and the extent to which goods, services and factors of production move more or less freely across borders - depends not only upon underlying economic conditions but also upon politics. Whether integration is market-led, as has been the case in Asia, or institution-led as in Europe, there are political elements that affect all forms of regional and international economic integration. While geopolitics influences international economic integration, so too does domestic politics. Economic integration in Asia has been driven by rapid unilateral trade and investment liberalization and, while trade and investment patterns have been determined largely by comparative advantage, political forces have also affected patterns of economic interdependence. The form that regional institutions take, and their effectiveness, also depends on political relations between countries. The particular circumstances in Asia, and the relationships between regional economies has profoundly shaped regional institutions and will continue to do so. The chapters in this volume draw on papers originally presented to the 33rd Pacific Trade and Development Conference held in Taipei in 2009 to look in original ways at how politics shape economic integration and its various dimensions in Asia and the Pacific and globally.
Download or read book The 2nd ASEAN Reader written by Sharon Siddique and published by Institute of Southeast Asian Studies. This book was released on 2003-10-17 with total page 604 pages. Available in PDF, EPUB and Kindle. Book excerpt: A sequel to the first ASEAN Reader. Some of the classic readings from the original ASEAN reader have been incorporated into this new compilation, but the majority of the readings cover events of the past decade (1993-2003). During this decade ASEAN as an organization was revamped, and its membership increased from six to ten.
Download or read book The Road to Ratification and Implementation of the ASEAN Charter written by Pavin Chachavalpongpun and published by Institute of Southeast Asian Studies. This book was released on 2009 with total page 83 pages. Available in PDF, EPUB and Kindle. Book excerpt: Expert Roundtable Discussion on the "Road to Ratification and Implication of ASEAN Charter" organized by the ASEAN Studies Centre, Institute of Southeast Asian Studies, Singapore, and the Habibie Center, Indonesia, on 17 July 2008 in Jakarta.
