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Legal Authority of ASEAN as a Security Institution [Pehme köide]

(Nanyang Technological University, Singapore), (University of Exeter), (Australian National University, Canberra),
This book is of value to scholars, policy-makers and students in the fields of international law, international relations and public policy with interest in ASEAN regional integration. It will be a reference for any study or policy debate on ASEAN's role for regional security in Southeast Asia.

The Association of Southeast Asian Nations (ASEAN) has achieved deeper regional market integration to lay a socio-economic foundation for the development of a regional community, yet inter-state trust is by no means assured as Southeast Asian nations remain steadfast in maintaining their political regime stability against external interference. However, through its institutional practices, ASEAN has emerged as a distinct model of security institution, while the region's contemporary security landscape has diversified with various non-traditional security issues. By looking beyond the veneer of diplomacy and prevailing political circumstances, this book examines the legal nature and form of ASEAN's authority to address diverse regional security issues. It provides a fresh perspective on ASEAN's role as a security institution. With an interdisciplinary analysis, this book reveals the normative role that ASEAN plays in facilitating the processes of norm development, localisation and internalisation as it deals with contemporary security challenges confronting Southeast Asia.

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Provides a fresh perspective on ASEAN's role for regional security in Southeast Asia.
List of Tables
x
General Editors' Preface xi
Preface xvii
Table of Cases
xx
Table of Legislation and National Policy
xxi
Table of Treaties and Other International Instruments
xxviii
List of Abbreviations
xli
Introduction 1(13)
1 ASEAN as a Security Institution: Its Legal, Normative and Institutional Framework
14(40)
1.1 Defining ASEAN as a `Security Institution'
14(1)
1.2 Characterising ASEAN's Role in Regional Security
15(6)
1.3 ASEAN's Legal Framework for Regional Security
21(5)
1.4 ASEAN's Normative Framework for Regional Security
26(16)
1.4.1 The Principle of Non-interference
27(4)
1.4.2 The Principle of Comprehensive Security
31(4)
1.4.3 The `ASEAN Way': The Institutional Decision-Making Principle
35(4)
1.4.4 The Principle of Shared Commitment and Collective Responsibility
39(3)
1.5 ASEAN's Institutional Framework for Regional Security
42(10)
1.6 The Legal Parameters of ASEAN's Authority as a `Security Institution'
52(2)
2 Nuclear Security
54(24)
2.1 Introduction
54(2)
2.2 ASEAN's Engagement with Nuclear Security
56(7)
2.3 Nuclear Security Law and Policy in ASEAN Member States
63(10)
2.4 ASEAN's Institutional Evolution for Nuclear Energy Regulation
73(3)
2.5 Concluding Observations
76(2)
3 Counter-Terrorism
78(34)
3.1 Introduction
78(3)
3.2 ASEAN's Engagement with Counter-Terrorism
81(15)
3.3 Counter-Terrorism Law and Policy in ASEAN Member States
96(13)
3.4 Concluding Observations
109(3)
4 Maritime Security
112(27)
4.1 Introduction
112(2)
4.2 ASEAN's Engagement with Maritime Security
114(7)
4.3 Maritime Security Law and Policy in ASEAN Member States
121(9)
4.4 ASEAN's Engagement with the South China Sea Dispute
130(7)
4.5 Concluding Observations
137(2)
5 Cyber Security
139(22)
5.1 Introduction
139(3)
5.2 ASEAN's Engagement with Cyber Security
142(6)
5.3 Cyber Security Law and Policy in ASEAN Member States
148(8)
5.4 ASEAN's Role in Cyber Warfare
156(3)
5.5 Concluding Observations
159(2)
6 Human Trafficking and People Smuggling
161(30)
6.1 Introduction
161(3)
6.2 ASEAN's Response to Human Trafficking
164(11)
6.3 ASEAN's Response to People Smuggling
175(4)
6.4 Legal and Policy Responses to Human Trafficking and People Smuggling in ASEAN Member States
179(10)
6.5 Concluding Observations
189(2)
7 Food Security
191(20)
7.1 Introduction
191(3)
7.2 ASEAN's Engagement with Food Security
194(6)
7.3 Comparison with APEC's Food Security Policy
200(3)
7.4 Food Security Law and Policy in ASEAN Member States
203(6)
7.5 Concluding Observations
209(2)
Conclusion 211(12)
Bibliography 223(39)
Index 262
Hitoshi Nasu is Professor of International Law at Exeter University. He is an expert of public international law, especially in the fields of international security law and the law of armed conflict. He is the author of International Law on Peacekeeping (2009) and co-editor of Human Rights in the Asia-Pacific Region: Towards Institution Building (2011), Asia-Pacific Disaster Management (2013), New Technologies and the Law of Armed Conflict (2014), and Legal Perspectives on Security Institutions (Cambridge, 2015). Rob McLaughlin is Professor of Military and Security Law at the University of New South Wales, Canberra, and Honorary Professor at the Australian National University, Canberra. His fields of research focus around law of armed conflict, law of the sea, and military operations, military administrative, and military discipline law. He served more than twenty years in the Royal Australian Navy. He is the author of United Nations Peace Operations in the Territorial Sea (2009) and Maritime Crime: A Manual for Criminal Justice Practitioners (2017), co-author of Rules of Engagement Handbook (2009) and Handbook on the Use of Force by Private Security Companies (2016), and co-editor of New Technologies and the Law of Armed Conflict (2014). Donald R. Rothwell is Professor of International Law at the College of Law, Australian National University, Canberra . His research has a specific focus on law of the sea, international polar law, and implementation of international law within Australia as reflected in 24 books, and over 200 articles, book chapters and notes in international and Australian publications. Rothwell is Co-Editor of the Australian Year Book of International Law and editor-in-chief of the Brill Research Perspectives in the Law of the Sea. From 2012 to 18 he was Rapporteur of the International Law Association (ILA) Committee on 'Baselines under the International Law of the Sea'. See Seng Tan is Professor of International Relations at Nanyang Technological University, Singapore. He is the author of Multilateral Asian Security Architecture: Non-ASEAN Stakeholders (2015) and The Making of the Asia Pacific: Knowledge Brokers and the Politics of Representation (2013), co-editor of United States Engagement in the Asia Pacific: Perspectives from Asia (2015), and editor of the 4-volume Regionalism in Asia (2009).