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Towards a Rules-Based Community: An ASEAN Legal Service [Pehme köide]

, (National University of Singapore)
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In 2007, ASEAN adopted the ASEAN Charter, which stated its ambition to become a 'rules-based' community respecting the rule of law. In order to fulfil this objective, it is vital that the necessary legal infrastructure has effective legal support. This book helps readers to understand the need for and role of such a legal service. To begin with, it explores the way ASEAN and its various institutions have evolved. The current situation with respect to the making of rules and settlement of disputes is then analysed, drawing not only on published primary and secondary materials, but also on the experience of diplomats, officials and legal officers. Finally, the authors draw on their practical experiences, as former attorney-general of an ASEAN member state and former head of the European Council legal service, to make recommendations on how an ASEAN Legal Service might be organised.

The first book to focus on the need for an effective ASEAN legal service. The evolution of ASEAN, the making of rules and its settling of disputes is analysed, followed by practical recommendations for the function and structure of the legal service, based on the practical experience of the authors.

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The first book to focus in depth on the problems surrounding the lack of an effective ASEAN legal service.
List of boxes
ix
Note on the authors x
General editors' preface xvii
Preface xxiii
List of abbreviations
xxix
1 ASEAN as an organisation
1(64)
1.1 Chronology of the development of ASEAN
1(5)
1.2 ASEAN from its founding until the adoption of the ASEAN Charter
6(34)
1.2.1 A short history of ASEAN
6(10)
1.2.2 The institutional framework
16(24)
1.3 The ASEAN Charter and beyond
40(25)
1.3.1 The road to the Charter
40(8)
1.3.2 The ASEAN Charter and after
48(17)
2 Towards an ASEAN community
65(48)
2.1 The current reality
66(42)
2.1.1 The making of rules
66(5)
2.1.2 The settlement of disputes
71(22)
2.1.3 Dispute settlement in practice
93(15)
2.2 Building the ASEAN Community
108(5)
2.2.1 The Community Blueprints
108(3)
2.2.2 Bali Concord iii and the ASEAN Human Rights Declaration
111(2)
3 The ASEAN Legal Service
113(70)
3.1 The European Union
113(19)
3.1.1 The EU legal order
113(9)
3.1.2 The Legal Services of the Commission and of the Council of the EU
122(10)
3.2 Other international organisations
132(13)
3.2.1 Functions of a legal service in an international organisation
133(7)
3.2.2 Lessons drawn from the experiences of other international organisations
140(5)
3.3 Functions of an ASEAN Legal Service
145(22)
3.3.1 The necessity for a separate Legal Service
147(4)
3.3.2 Functions of the Legal Service
151(16)
3.4 Structure of an ASEAN Legal Service
167(16)
3.4.1 The choice of a single Legal Service
168(2)
3.4.2 Essential characteristics of the Legal Service
170(2)
3.4.3 Structure of the Legal Service
172(8)
3.4.4 Mission Statement and Terms of Reference
180(1)
Mission Statement
180(1)
Terms of Reference
180(3)
Executive summary 183(8)
Annex: major ASEAN agreements and declarations 191(3)
Index 194
Jean-Claude Piris is President of Piris Consuting (European and Public International Law), a retired French Conseiller d'Etat, a former diplomat to the UN and former Director of Legal Affairs at the OECD, and was Director General of the Legal Service of the Council of the European Union for over 20 years. He has written several books with Cambridge University Press, most recently The Future of Europe: Towards a Two-Speed EU? (2012). Walter Woon is currently David Marshall Professor of Law at the National University of Singapore, the Dean of the Singapore Institute of Legal Education and President of the Goethe Institute Singapore. He was formerly Attorney-General of Singapore, ambassador to the European Communities and several European countries, a member of the High-Level Task Force to draft the ASEAN Charter and a nominated Member of Parliament. Professor Woon specialises in company law, criminal law and international law.