"The reputation and achievement of the ASEAN Community hinges on compliance. This seminal book discusses whether ASEAN's faith in dispute settlement and monitoring mechanisms as a means to better compliance is justified and delves into the extent to which they can facilitate ASEAN Community building. It provides the first comprehensive and systematic analysis of ASEAN's compliance with its instruments, and enables readers to see ASEAN as an organisation increasingly based on law and institutions. Readerswill also learn how ASEAN balances a thin line between law and institutions on the one hand and diplomacy and realism on the other. Scholars of adjudicatory mechanisms will find this book a fascinating addition to the literature available, and it will serve as a 'go-to' reference for ASEAN state agencies. The book will also interest academics and practitioners working on comparative and cross-disciplinary studies of dispute settlement, monitoring mechanisms, compliance, and international and regional organisations"--
Papildus informācija
The first comprehensive and systematic analysis of ASEAN's dispute settlement and monitoring mechanisms as a means to better compliance.
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x | |
| General editors' preface |
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xi | |
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xvii | |
| Introduction: overview and research rationale |
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1 | (11) |
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1 The normative and theoretical underpinnings of ASEAN compliance behaviour |
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12 | (46) |
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1.1 The rise of norms and substantive dispute settlement and monitoring mechanisms |
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12 | (24) |
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1.1.1 The codification of regional norms and the rise of formal dispute settlement mechanisms |
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16 | (15) |
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1.1.2 Transformation into a rules-based organisation through the ASEAN Charter |
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31 | (5) |
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1.2 Theoretical underpinnings of ASEAN compliance behaviour |
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36 | (22) |
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1.2.1 Understanding ASEAN's increasing desire for compliance as part of general state behaviour |
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36 | (9) |
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1.2.2 Key factors that affect ASEAN's compliance in different situations |
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45 | (4) |
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1.2.3 Courts and compliance |
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49 | (6) |
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1.2.4 Monitoring mechanisms: the key to better compliance |
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55 | (3) |
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2 Dispute settlement mechanisms in ASEAN |
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58 | (43) |
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2.1 Phases in the development of ASEAN dispute settlement mechanisms |
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58 | (36) |
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2.1.1 The early phase: promotion of regional peace and security |
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58 | (5) |
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2.1.2 The economic development phase: greater ASEAN economic integration and the need for dispute settlement mechanisms |
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63 | (23) |
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2.1.3 The post-Charter phase: the onset of dispute settlement mechanisms through the ASEAN Charter |
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86 | (8) |
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2.2 Concluding observations |
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94 | (7) |
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3 Compliance monitoring mechanisms in ASEAN |
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101 | (59) |
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3.1 The role of the ASEAN Secretariat in compliance monitoring |
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102 | (10) |
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3.2 Compliance monitoring mechanisms by other ASEAN bodies or treaty-based bodies |
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112 | (4) |
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3.3 Compliance monitoring mechanisms to ensure enhanced economic cooperation |
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116 | (12) |
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3.3.1 ASEAN Economic Ministers Meeting and Senior Officials Meeting |
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117 | (1) |
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3.3.2 The 1998 Protocol on Notification Procedure |
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118 | (3) |
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3.3.3 The 2003 Bali Concord II |
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121 | (7) |
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3.4 Compliance monitoring of the ASEAN Charter and post-Charter instruments |
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128 | (25) |
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137 | (5) |
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3.4.2 Self-reporting by ASEAN member states |
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142 | (1) |
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3.4.3 Reports by the ASEAN Secretariat and the ASEAN sectoral bodies |
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143 | (3) |
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3.4.4 Review by monitoring bodies |
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146 | (4) |
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150 | (1) |
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3.4.6 Capacity-building, financial and technical assistance |
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151 | (2) |
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153 | (7) |
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160 | (18) |
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4.1 Recommendations on dispute settlement mechanisms |
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164 | (2) |
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4.1.1 Widen the scope of application of the 2010 Protocol |
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164 | (1) |
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4.1.2 Include rules of procedure for third-party fact-finding |
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165 | (1) |
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4.1.3 Include DSMs in specific non-economic agreements |
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166 | (1) |
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4.1.4 Amend the 2004 Protocol |
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166 | (1) |
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4.2 Recommendations on compliance monitoring mechanisms |
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166 | (12) |
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4.2.1 Establish priorities regarding monitoring |
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168 | (1) |
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4.2.2 Clarify compliance monitoring roles in a Rule of Procedure |
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169 | (3) |
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4.2.3 Establish compliance monitoring processes for pre-Charter instruments |
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172 | (1) |
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4.2.4 Clarify ASEAN member states' reporting requirements |
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173 | (1) |
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4.2.5 Clarify procedures for cases of non-compliance |
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174 | (1) |
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4.2.6 Review existing compliance monitoring mechanisms |
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175 | (1) |
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4.2.7 Institute unambiguous ASEAN law-making practices |
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175 | (1) |
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4.2.8 Strengthen civil institutional infrastructure at the national level |
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176 | (2) |
| Executive summary |
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178 | (17) |
| Appendices |
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195 | (86) |
| Bibliography |
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281 | (15) |
| Index |
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296 | |
Professor Robert Beckman is the Director of the Centre for International Law (CIL), National University of Singapore (NUS). He is also an Associate Professor at the NUS Faculty of Law, where he has taught for more than 36 years. He is a member of the Governing Board and a lecturer at the Rhodes Academy of Oceans Law and Policy. Professor Beckman is an expert on issues of law of the sea. Leonardo Bernard is a Research Fellow at the Centre for International Law (CIL), National University of Singapore (NUS), with research interests in ocean law, ASEAN, dispute resolution, and general public international law. Prior to joining CIL, he worked for one of the largest law firms in Singapore. Leonardo was among the four panellists who received the 2012 Law of the Sea Institute (LOSI) Research Competition Award for Early Career Researchers. Dr Hao Duy Phan is Senior Research Fellow at the Centre for International Law (CIL), National University of Singapore (NUS). Prior to joining CIL, he worked as Assistant Director General of the Department of International Law and Treaties, Ministry of Foreign Affairs of Vietnam, and was a Visiting Fellow at the East-West Center in Washington DC, and the Institute of Southeast Asian Studies in Singapore. Dr Tan Hsien-Li is Senior Research Fellow and Executive Director of the ASEAN Integration through Law (ASEAN ITL) Project at the Centre for International Law (CIL), National University of Singapore (NUS). She is currently a Visiting Fellow at the European University Institute. Dr Tan works on the role of law and the rule of law in ASEAN integration, public international law (particularly institution-building and norm-creation), human rights, and peace and security. Ranyta Yusran is a Research Fellow at the Centre for International Law (CIL), National University of Singapore (NUS). Her research interests at CIL include Treaty Law and Practice, ASEAN Law and Policy and International Dispute Settlement. Prior to joining CIL, Ranyta worked as a consultant and development planner at the Directorate of Law and Human Rights of the Ministry of National Development Planning in Indonesia.
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