The development of the rule of law in ASEAN : the state and regional integration /

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...

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Bibliographic Details
Main Author: Deinla, Imelda (Author)
Format: Licensed eBooks
Language:English
Published: Cambridge, United Kingdom ; New York, NY, USA : Cambridge University Press, 2017.
Online Access:https://search.ebscohost.com/login.aspx?direct=true&scope=site&db=nlebk&AN=1538954
Table of Contents:
  • Cover ; Half Title; Title page; Imprints page; Contents ; List of Figures; Acknowledgements; Table of Cases; Table of Legislation; Table of Treaties; List of abbreviations; 1 From ASEAN Way to the ASEAN Charter: Towards the Rule of Law?; 1.1 A General Background; 1.2 The Early ASEAN, Non-intervention and the ASEAN Way; 1.3 Regional Integration and ASEAN Integration; 1.4 Rule of Law as a Placeholder for Regional Integration; 1.5 What Can Rule of Law Mean in ASEAN Integration?; 2 Conceiving the Rule of Law in ASEAN Integration; 2.1 Introduction.
  • 2.2 The Emergence of Regional Integration and Theoretical Discourses on Integration2.3 How Have Regional Integration and Globalization Influenced the Rule of Law?; 2.4 The Rule of Law: As Constraint and As Enabler; 2.5 Understanding Integration and Rule of Law in ASEAN; 2.6 Conclusion; 3 Beyond Supranationalism: The European Union as Inspiration for ASEAN Integration; 3.1 Introduction; 3.2 The EU: From Market Rule to the Rule of Law; 3.3 The Push-and-Pull Factors of the Rule of Law in European Integration; 3.4 The EU as a Hybrid System and Challenges of Expansion.
  • 3.5 Flexibility and the Soft Approach to Integration in the EU3.6 Conclusion; 4 Limiting Sovereignty and the Limits of Judicial Authority in Regional Integration; 4.1 Introduction; 4.2 Using the EU Model: Diffusion and Reinterpretation of the Rule of Law; 4.3 African Integration and Sovereignty with Responsibility; 4.4 Judicialization and the Prospects of the Rule of Law in African Integration; 4.5 MERCOSUR Integration and Pathway to Regional Jurisprudence; 4.6 Conclusion; 5 Rule of Law or Rule through Law in Southeast Asia; 5.1 Introduction.
  • 5.2 Origins of the Law Regime in Southeast Asia: Colonialism, the Postcolonial State and 'Rule by Law'5.3 A Typology of Law Regimes in ASEAN States; 5.4 Constitutional Developments and Law Regime Types in ASEAN States; 5.5 Conclusion; 6 ASEAN Community and Building the Law Regime in ASEAN; 6.1 Introduction; 6.2 The ASEAN Charter and the Foundation of the Rule of Law in Regional Integration; 6.3 The Emergence of a Law Regime and Soft Regulation in ASEAN; 6.4 ASEAN Institution-Building: Delegation, Coordination and Efficiency of Administration; 6.5 Soft Regulation in the ASEAN Community.
  • 6.6 Reform or Status Quo in the ASEAN Dispute Resolution System6.7 Conclusion; 7 Soft Regulation and Informal Rule-Making in the ASEAN Economic Community; 7.1 Introduction; 7.2 The ASEAN Economic Community and Progress of Regional Integration; 7.3 The AEC Soft Regulatory Framework; 7.4 Economic Integration through Trade Facilitation and the Role of Non-state Actors; 7.5 Conclusion; 8 Conclusion: In Search of the Rule of Law in ASEAN; 8.1 Key Issues of the Rule of Law in ASEAN Integration; 8.2 Locating the Rule of Law in ASEAN Regional Integration.