The Legal Authority of ASEAN as a Security Institution


Book Description

Provides a fresh perspective on ASEAN's role for regional security in Southeast Asia.




The Asean Charter


Book Description




ASEAN Law and Regional Integration


Book Description

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.




The Concept of Security in International Law


Book Description

This book explores how the concept of security interacts with the rigid framework of international law to test the hypothesis that the system of public order among states is regulated under the rule of law.




The Oxford Handbook of the International Law of Global Security


Book Description

On a global scale, the central tool for responding to complex security challenges is public international law. This handbook provides a comprehensive and systematic overview of the relationship between international law and global security.




(Re)Negotiating East and Southeast Asia


Book Description

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.




The European Union’s Security Relations with Asian Partners


Book Description

This wide-ranging book analyses EU-Asia security relations in a systematic, substantive and comparative manner. The contributions assess similarities and differences between the EU and its Asian partners with respect to levels of threat perception, policy response and security cooperation in the context of historical, institutional and external factors – such as the influence of the United States. The book presents original empirical research organised in four parts: a number of contributions providing discussions of the global context in which EU-Asia security relations develop; a series of chapters covering the range of dimensions of EU-Asian security, including both traditional and non-military aspects of security; chapters addressing the specific issues touching on bilateral relations between the EU and its partners in the Asia-Pacific region; and a final part presenting the overall findings across the various contributions together with the future outlook for EU-Asia security relations.




Association of Southeast Asian Nations (ASEAN)


Book Description

Derived from the renowned multi-volume International Encyclopaedia of Laws, this practical analysis of the structure, competence, and management of Association of Southeast Asian Nations (ASEAN) provides substantial and readily accessible information for lawyers, academics, and policymakers likely to have dealings with its activities and data. No other book gives such a clear, uncomplicated description of the organization’s role, its rules and how they are applied, its place in the framework of international law, or its relations with other organizations. The monograph proceeds logically from the organization’s genesis and historical development to the structure of its membership, its various organs and their mandates, its role in intergovernmental cooperation, and its interaction with decisions taken at the national level. Its competence, its financial management, and the nature and applicability of its data and publications are fully described. Systematic in presentation, this valuable time-saving resource offers the quickest, easiest way to acquire a sound understanding of the workings of Association of Southeast Asian Nations (ASEAN) for all interested parties. Students and teachers of international law will find it especially valuable as an essential component of the rapidly growing and changing global legal milieu.




The Development of the Rule of Law in ASEAN


Book Description

An interdisciplinary work on regional integration and the rule of law in ASEAN and the emergence of a soft regulatory regime.




Law of the Sea in South East Asia


Book Description

The United Nations Convention on the Law of the Sea (LOSC) represents one of the most successful examples of multilateral treaty making in the modern era. The convention has 168 States parties, and most non-signatory States recognise nearly all of its key provisions as binding under customary international law, including the United States. Nevertheless, there remain significant differences in interpretation and implementation of the LOSC among States as well as calls, on occasion, for its amendment. This book analyses the impact, influence and ongoing role of the LOSC in South East Asia, one of the most dynamic maritime regions in the world. Maritime security is a critical issue within the region, and it is separately assessed in light of the LOSC and contemporary challenges such as environmental security and climate change. Likewise, navigational rights and freedoms are a major issue and they are evaluated through the LOSC and regional state practice, especially in the South China Sea. Special attention is given to the role of navies and non-state actors. Furthermore, the book looks at regional resource disputes which have a long history. These disputes have the potential to increase into the future as economic interests and concerns over food security intensify. Effective LNG and fisheries resource management is therefore a critical issue for the region and unless resolved could become the focal point for significant maritime disputes. These dynamics within the region all require extensive exploration in order to gauge the effectiveness of LOSC dispute resolution mechanisms. The Law of the Sea in South East Asia fills a gap in the existing literature by bringing together a holistic picture of contemporary maritime issues affecting the region in a single volume. It will appeal to academic libraries, government officials, think-tanks and scholars from law, strategic studies and international relations disciplines.