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Development of the Rule of Law in ASEAN, The: The State and Regional Integration
Published by Cambridge University Press Virtual Publishing
An interdisciplinary work on regional integration and the rule of law in ASEAN and the emergence of a soft regulatory regime.
An interdisciplinary work that comparatively studies rule of law practices and the relationship between the rule of law and regional integration, a topic largely explored in European integration. By looking at the function of the rule of law in ASEAN rather than what it 'means' measured on normative conception, the book situates the rule of law in broader institutional and political processes in the member states and in regional relations to show the motivations of member states in adopting a peculiar type of regional architecture. It asks whether forging the rule of law in the region can help build it internally for member states. The book revisits discourses on the 'spill-over' of economic integration, the impact of globalization in reshaping the state and generating new tools of the rule of law. It makes a comprehensive comparison - the European Union, Africa Union and MERCOSUR - showing the uneven pathways to rule of law in various contexts.
1. From ASEAN way to the ASEAN Charter: towards the rule of law?; 2. Conceiving the rule of law in ASEAN integration; 3. Beyond supranationalism: the European Union as inspiration for ASEAN integration; 4. Limiting sovereignty and the limits of judicial authority in regional integration; 5. Rule of law or rule through law in Southeast Asia; 6. ASEAN community and building the law regime in ASEAN; 7. Soft regulation and informal rule making in the AEC; 8. Conclusion: in search of the rule of law in ASEAN.
Reviewer: Caleb Simmons
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