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

by Pasha L. Hsieh, Bryan Mercurio

Overview

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.

Product Details

ISBN-13:	9781108424998
Publisher:	Cambridge University Press
Publication date:	03/28/2019
Pages:	448
Product dimensions:	6.10(w) x 9.25(h) x 1.10(d)

About the Author

Pasha L. Hsieh is an Associate Professor and Lee Kong Chian Fellow at Singapore Management University School of Law. He is also the Co-Chair of the Law in the Pacific Rim Region Interest Group of the American Society of International Law and an Executive Council member of the Society of International Economic Law. He has been invited by various institutions such as the European Parliament and the Singapore Judicial College to present on trade law issues. Prior to joining academia, he served as a Legal Affairs Officer at the WTO Appellate Body Secretariat and as an associate at Shearman & Sterling LLP.

Bryan Mercurio is Professor, Associate Dean (Research) and Vice Chancellor's Outstanding Fellow of the Faculty of Law at the Chinese University of Hong Kong. He is the author of one of the most widely used case books on WTO law: World Trade Law: Text, Materials and Commentary (2018, 3rd ed, with S. Lester and A. Davies) and editor of the leading collection on bilateral and regional trade agreements: Bilateral and Regional Trade Agreements (Cambridge, 2nd ed, 2016, with S. Lester and L. Bartels). He previously taught in Australia and worked in government and private practice.

Table of Contents

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.

Editorial Reviews

This volume makes a valuable contribution to debates on regional and international economic integration at a time when both are under threat. The editors have assembled an outstanding list of legal experts from across Asia and beyond to reflect on ASEAN, exploring questions of global relevance in areas including digital trade, investment liberalization, and financial integration Tania Voon, Professor, Melbourne Law School, University of Melbourne

Edited by two leading experts in international economic law and regional integration, this volume is an indispensable resource for anyone interested in understanding ASEAN's implications for regional governance, as well as its impact on the future of goods, services and investment regulations in the Asia-Pacific and beyond. Markus Wagner, Associate Professor, University of Wollongong; Executive Vice President, Society of International Economic Law

From the Publisher