ASEAN Law in the New Regional Economic Order: Global Trends and Shifting Paradigms

Cambridge University Press, 11/5/2020
EAN 9781108949293, ISBN10: 1108949290

Paperback, 452 pages, 22.9 x 15.2 x 2.6 cm
Language: English
Originally published in English

The fast-growing last decade of strong economic growth of the Association of Southeast Asian Nations (ASEAN) has played a critical role in Asia-Pacific regionalism and global trade. This book explores the concept of ASEAN law under the normative framework of the new regional economic order. It examines the roadmap of the new ASEAN Economic Community Blueprint 2025 by evaluating the impact of ASEAN trade agreements on domestic legislation on professional services, financial integration, investment disputes and digital trade. More importantly, it sheds light on the legal implications of ASEAN's agreements with China and India and the potential developments of mega-regional trade agreements such as the CPTPP and the RCEP. Hence, the legal analysis and case studies in the book offer a fresh view of Asia-Pacific integration and bridge the gap between academia and practice.

Part I. ASEAN Agreements in the Global Context
1. ASEAN law in the new regional economic order
an introductory roadmap to the ASEAN Economic Community Pasha L. Hsieh and Bryan Mercurio
2. The ASEAN Trade in Goods Agreement
the evolution and regional implications Minh Hue Nguyen, Deborah Elms and Lavanya N.
3. Building towards the RCEP? Reflections on the ASEAN-China FTA Heng Wang
4. The dispute settlement mechanism in ASEAN's external agreements with China, Japan and Korea Henry Gao
Part II. Services Trade and Financial Integration
5. Moving towards liberalization
the ATISA and beyond Bryan Mercurio
6. Challenges of ASEAN MRAs on professional qualifications Yoshifumi Fukunaga
7. Banking integration in ASEAN and the challenges of regulatory cooperation Federico Lupo-Pasini
8. The shifting sands of capital market development and integration in ASEAN
the case of the Phillipines and Indonesia Michelle Dy
9. Transnational legal services in Asia
legal implications of the AEC and the CPTPP Pasha L. Hsieh
10. ASEAN air transport integration and liberalization
a slow but practical model Jae Woon Lee
Part III. Investment Liberalization and Protection
11. Investment liberalization in ASEAN
moving from myths to reality Sufian Jusoh
12. The ACIA
much more than a bit of protection for foreign investors? Julien Chaisse
13. Fragmented approaches to investor-state dispute settlement mechanism in intra-ASEAN and extra-ASEAN investment treaties Trinh Hai Yen
14. Pro-development dispute resolution mechanisms and norms for investments and commercial disputes in ASEAN Yip Man
15. The AEC and regulatory reforms in CLMV countries with a special focus on Myanmar Nimnual Piewthongngam
Part IV. Intellectual Property, Digital Trade and Consumer Protection
16. Free movement of goods and intellectual property exhaustion in ASEAN
a roadblock in the ASEAN way Irene Caboli
17. Legal and regulatory challenges to facilitating e-commerce in ASEAN Eliza Mik
18. Data localization and digital trade barriers
ASEAN in mega-regionalism Han-Wei Liu
19. Consumer contracts and product safety law in Southeast Asia
partly trading up? Luke Nottage and Jeannie Paterson
20. Conclusion
realizing the AEC Blueprint 2025 Pasha L. Hsieh and Bryan Mercurio.