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ASEAN's External Agreements: Law, Practice and the Quest for Collective Action [Pehme köide]

, (European University Institute, Florence), (Nanyang Technological University, Singapore), (European University Institute, Florence),
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ASEAN is coming of age as an international actor and international treaty-maker. To date, more than two hundred external agreements and other instruments have been concluded in the name of ASEAN. This book provides the first systematic account of the legal framework governing ASEAN's burgeoning external relations practice. It focuses in depth on ASEAN's wide-ranging mandate to promote its values and principles in the wider region and beyond, as well as the highly intergovernmental, and at times haphazard, handling of the bloc's relations with the outside world. Furthermore, it reveals that there are two basic meanings of ASEAN in its international dealings, which have important implications under international law: ASEAN as an international organisation with its own legal personality and ASEAN as the collectivity of its member states. This timely and thoughtful book is a valuable resource for practitioners and scholars of international law, ASEAN law, international relations, regional integration and governance.

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The first book to focus in depth on ASEAN's external relations, written by leading globally-based scholars.
List of tables xi
List of charts xii
General editors' preface xiii
1 Introduction 1(22)
2 The legal and institutional framework for ASEAN external agreements: the centrality of ASEAN 23(35)
2.1 ASEAN legal personality and its implications
23(9)
2.2 Scope, principles and objectives of ASEAN external powers
32(19)
2.2.1 External objectives: the regional dimension
37(5)
2.2.2 Partner status
42(2)
2.2.3 Trade objectives
44(3)
2.2.4 Other objectives requiring external action
47(2)
2.2.5 Principles governing external action
49(2)
2.3 Who represents ASEAN and who concludes external agreements? Procedures under the Charter
51(7)
3 An inventory and typology of ASEAN external instruments: overview and trends 58(26)
3.1 Introduction
58(3)
3.2 Legal quality
61(7)
3.3 A quantitative and content-based perspective on ASEAN's external instruments
68(11)
3.4 Who are ASEAN's treaty partners?
79(5)
4 ASEAN as a contracting party 84(50)
4.1 Introduction
84(1)
4.2 The different modes of ASEAN external relations
85(2)
4.3 Treaty-making practice before and after the Charter
87(15)
4.3.1 Economic instruments
88(3)
4.3.2 Political and security instruments
91(1)
4.3.3 Socio-cultural instruments
92(2)
4.3.4 Partnership and co-operation instruments
94(8)
4.4 Law of treaties and international responsibility: the ASEAN paradox and the pathology of legal ambiguity
102(18)
4.5 International identity: indicators of collectivity
120(10)
4.6
Chapter conclusions
130(4)
5 Beyond market access? The anatomy of ASEAN's preferential trade agreements 134(102)
5.1 Introduction
134(5)
5.2 ASEAN economic integration through law: a point of reference for ASEAN's preferential trade agreements
139(7)
5.3 ASEAN's preferential trade agreements in the context of East Asian growth in regionalism
146(3)
5.4 Factors explaining substantive coverage and depth of de jure economic integration in ASEAN's PTAs
149(37)
5.4.1 Heterogeneity and proximity
150(5)
5.4.2 The relationship between de facto and de jure economic integration
155(11)
5.4.3 The intensity of ASEAN's trade with ASEAN partners
166(12)
5.4.4 Preliminary conclusions
178(8)
5.5 The substantive coverage and depth of ASEAN's PTAs
186(41)
5.5.1 The substantive coverage of ASEAN's PTAs
188(6)
5.5.2 The proliferation of co-operation provisions in ASEAN's PTAs
194(3)
5.5.3 The depth of WTO-plus commitments in ASEAN's PTAs
197(22)
5.5.4 The depth of WTO-extra commitments in ASEAN's PTAs
219(8)
5.6 Summary, conclusions and policy implications
227(9)
6 A regional strategy: a typology of ASEAN partnership and co-operation agreements 236(21)
6.1 Introduction
236(1)
6.2 Overview of the category
236(2)
6.3 The three hallmarks of ASEAN through partnership and co-operation
238(16)
6.3.1 ASEAN as a regional architect
239(5)
6.3.2 Soft law and the externalisation of the ASEAN Way
244(6)
6.3.3 ASEAN inter pares: the emergence of the legal person
250(4)
6.4 Conclusion
254(3)
7 Between great-power rivalries and supranationality: ASEAN external instruments and regional hedging strategies 257(40)
7.1 Introduction
257(2)
7.2 Debating ASEAN external instruments
259(19)
7.2.1 Liberal views of ASEAN external instruments: market demands, regionalism and the benefits of legalisation
265(3)
7.2.2 Constructivism: ASEAN external instruments as social processes
268(3)
7.2.3 Realism: ASEAN external instruments as the continuation of diplomacy and strategy by other means
271(5)
7.2.4 'Analytical eclecticism' and ASEAN external instruments
276(2)
7.3 ASEAN external instruments and hedging strategies
278(17)
7.3.1 Paradoxes of ASEAN external instruments
278(3)
7.3.2 Great-powers rivalry and regional integration in Southeast Asia
281(4)
7.3.3 ASEAN external instruments and external hedging: 'omni-enmeshment' of third parties and complex regional balancing
285(7)
7.3.4 ASEAN external instruments and intraregional hedging: collective action without supranationality
292(3)
7.4 Conclusion
295(2)
Executive summary 297(14)
Appendices 311(256)
Index 567
Marise Cremona is Professor of European Law and a co-Director of the Academy of European Law at the European University Institute, Florence. Her research interests are in the external relations law of the European Union; she is particularly interested in the constitutional basis for EU external relations law and the legal and institutional dimensions of the EU's foreign policy, the interaction between national, regional and international legal and policy regimes, and the EU as an exporter of values and norms. David Kleimann is a Doctoral Researcher at the Law Department of the European University Institute (EUI) in Florence and a Research Fellow at the European Centre for International Political Economy (ECIPE) in Brussels. Within the area of international trade law and policy, his main expertise and research interest is the substantive coverage of the most recent generation of preferential trade agreements (PTA), as well as the institutional innovations that these treaties feature. Moreover, he has a keen interest in the policy implications of European Parliament's empowerment on trade policy matters following the entry into force of the Lisbon Treaty. Joris Larik is a Senior Researcher at The Hague Institute for Global Justice and Associate Fellow at the Leuven Centre for Global Governance Studies, KU Leuven. Dr Larik's work focuses on global governance reform and the advancement of global normative frameworks, the legal and policy aspects of EU external relations, comparative and multilevel constitutional law and comparative regional integration. Rena Lee is Senior State Counsel with the International Affairs Division of the Attorney-General's Chambers in Singapore. She covers a range of issues in various areas of international law, including law of the sea, boundary delimitation, human rights, climate change and privileges and immunities. Rena has been part of Singapore's delegation in several fora, both multilateral and bilateral, including the UN and ASEAN. Pascal Vennesson is Professor of Political Science at the S. Rajaratnam School of International Studies (RSIS), Nanyang Technological University, Singapore. His research and teaching lie at the intersection of the fields of international relations and strategic studies. Before joining RSIS, he held the Chair 'Security in Europe' at the European University Institute's Robert Schuman Center for Advanced Studies.