"ASEAN has undertaken the complex task of creating a single economic entity for Southeast Asia by 2015 in the form of the ASEAN Economic Community (AEC), but without regulators or supranational institutions, its implementation has been an inconsistent process. Through comparisons with the EU and NAFTA, this book illustrates the shortcomings of the current system, enabling readers to understand both the potential of regional economic development in ASEAN and its foundational and institutional deficiencies. The authors' analysis of trade in goods and services, investment, and dispute resolution in the AEC indicates that without strong regional institutions, strong dispute resolution or a set of norms, full and effective implementation of the AEC is unlikely to result. The book offers clear solutions for the ASEAN institutions to help the AEC reach its full potential. Written by two leading practitioners, this insightful book will interest policymakers, students and researchers"--
Muu info
A comprehensive review and analysis of the ASEAN Economic Community's legal and institutional foundations, insightful to policymakers, practitioners, and businesses.
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ix | |
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| General editors' preface |
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xi | |
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1 | (18) |
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1.1 Single market and single production base: prioritizing |
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2 | (5) |
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1.2 Matching the institutional tools to the AEC goals |
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7 | (12) |
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19 | (17) |
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2.1 Back to the origin: the foundations of ASEAN |
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19 | (5) |
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24 | (3) |
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2.3 ASEAN economic agreements |
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27 | (9) |
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27 | (2) |
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29 | (2) |
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31 | (2) |
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33 | (3) |
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3 Critical nexuses of law and policy |
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36 | (109) |
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3.1 The ASEAN Charter and ASEAN institutions |
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37 | (5) |
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3.2 The accompanying instruments to implement the ASEAN Charter |
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42 | (15) |
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3.2.1 Rule of law and role of law |
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43 | (3) |
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3.2.2 ASEAN Economic Community Blueprint |
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46 | (3) |
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3.2.3 ASEAN Economic Community Scorecard |
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49 | (8) |
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57 | (64) |
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58 | (2) |
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60 | (61) |
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121 | (3) |
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124 | (5) |
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129 | (8) |
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3.7 Other policy areas affecting the AEC |
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137 | (8) |
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4 Improving ASEAN's institutional tools |
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145 | (45) |
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146 | (5) |
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4.2 Administrative reform of the institutions |
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151 | (6) |
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4.3 Better implementation of agreements and rules |
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157 | (19) |
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4.3.1 Develop indigenous ASEAN law |
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157 | (5) |
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4.3.2 Develop hierarchy of legal norms |
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162 | (4) |
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4.3.3 Improved dispute resolution |
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166 | (3) |
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4.3.4 Private sector right of action |
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169 | (5) |
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4.3.5 Improved feedback and consultation |
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174 | (2) |
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4.4 A reviewed and revised ASEAN Charter |
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176 | (6) |
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4.5 Improved financial support for the ASEAN institutions |
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182 | (3) |
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4.6 Greater powers for another ASEAN entity |
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185 | (5) |
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4.6.1 Ombudsman/public advocate |
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185 | (1) |
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4.6.2 Permanent eminent persons group (EPG) |
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186 | (1) |
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4.6.3 Economic support institute |
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187 | (3) |
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190 | (7) |
| Executive summary |
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197 | (4) |
| Appendices |
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201 | (338) |
| Index |
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539 | |
Stefano Inama is a Chief and trade lawyer at UNCTAD. He has been responsible for the preferences and trade laws section in UNCTAD and Coordinator of UNCTAD commercial diplomacy program. He has also provided trade policy advice for the last twenty years to Governments during the WTO negotiations and the implementation aspects of WTO agreements, as well as during negotiations of Free Trade Agreements such as the ASEAN-China, EU-South Africa, SADC and the Tripartite Free Trade area as well as FTA negotiations of Latin American and Caribbean countries with the EU. He is the author of Rules of Origin in International Trade (Cambridge University Press, 2009). Edmund W. Sim is a partner at Appleton Luff, Singapore and an Adjunct Associate Professor at National University of Singapore Law School, where he created the world's first course on ASEAN Economic Community (AEC) law. He has participated in more than 200 trade remedy proceedings and has advised government ministries on antidumping and countervailing duty laws, rules of origin, free trade agreements, and investment laws and their consistency with the WTO agreements.
Lisainfo e-raamatute kohta