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.
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x | |
General Editors' Preface |
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xi | |
Preface |
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xvii | |
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xx | |
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Table of Legislation and National Policy |
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xxi | |
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Table of Treaties and Other International Instruments |
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xxviii | |
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xli | |
Introduction |
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1 | (13) |
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1 ASEAN as a Security Institution: Its Legal, Normative and Institutional Framework |
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14 | (40) |
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1.1 Defining ASEAN as a `Security Institution' |
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14 | (1) |
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1.2 Characterising ASEAN's Role in Regional Security |
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15 | (6) |
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1.3 ASEAN's Legal Framework for Regional Security |
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21 | (5) |
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1.4 ASEAN's Normative Framework for Regional Security |
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26 | (16) |
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1.4.1 The Principle of Non-interference |
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27 | (4) |
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1.4.2 The Principle of Comprehensive Security |
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31 | (4) |
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1.4.3 The `ASEAN Way': The Institutional Decision-Making Principle |
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35 | (4) |
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1.4.4 The Principle of Shared Commitment and Collective Responsibility |
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39 | (3) |
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1.5 ASEAN's Institutional Framework for Regional Security |
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42 | (10) |
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1.6 The Legal Parameters of ASEAN's Authority as a `Security Institution' |
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52 | (2) |
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54 | (24) |
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54 | (2) |
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2.2 ASEAN's Engagement with Nuclear Security |
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56 | (7) |
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2.3 Nuclear Security Law and Policy in ASEAN Member States |
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63 | (10) |
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2.4 ASEAN's Institutional Evolution for Nuclear Energy Regulation |
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73 | (3) |
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2.5 Concluding Observations |
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76 | (2) |
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78 | (34) |
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78 | (3) |
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3.2 ASEAN's Engagement with Counter-Terrorism |
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81 | (15) |
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3.3 Counter-Terrorism Law and Policy in ASEAN Member States |
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96 | (13) |
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3.4 Concluding Observations |
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109 | (3) |
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112 | (27) |
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112 | (2) |
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4.2 ASEAN's Engagement with Maritime Security |
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114 | (7) |
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4.3 Maritime Security Law and Policy in ASEAN Member States |
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121 | (9) |
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4.4 ASEAN's Engagement with the South China Sea Dispute |
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130 | (7) |
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4.5 Concluding Observations |
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137 | (2) |
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139 | (22) |
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139 | (3) |
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5.2 ASEAN's Engagement with Cyber Security |
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142 | (6) |
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5.3 Cyber Security Law and Policy in ASEAN Member States |
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148 | (8) |
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5.4 ASEAN's Role in Cyber Warfare |
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156 | (3) |
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5.5 Concluding Observations |
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159 | (2) |
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6 Human Trafficking and People Smuggling |
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161 | (30) |
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161 | (3) |
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6.2 ASEAN's Response to Human Trafficking |
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164 | (11) |
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6.3 ASEAN's Response to People Smuggling |
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175 | (4) |
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6.4 Legal and Policy Responses to Human Trafficking and People Smuggling in ASEAN Member States |
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179 | (10) |
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6.5 Concluding Observations |
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189 | (2) |
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191 | (20) |
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191 | (3) |
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7.2 ASEAN's Engagement with Food Security |
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194 | (6) |
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7.3 Comparison with APEC's Food Security Policy |
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200 | (3) |
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7.4 Food Security Law and Policy in ASEAN Member States |
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203 | (6) |
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7.5 Concluding Observations |
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209 | (2) |
Conclusion |
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211 | (12) |
Bibliography |
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223 | (39) |
Index |
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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).