Description
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.
Chapter
1 From ASEAN Way to the ASEAN Charter: Towards the Rule of Law?
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
2.2 The Emergence of Regional Integration and Theoretical Discourses on Integration
2.3 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
3 Beyond Supranationalism: The European Union as Inspiration for ASEAN Integration
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 EU
4 Limiting Sovereignty and the Limits of Judicial Authority in Regional Integration
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
5 Rule of Law or Rule through Law in Southeast Asia
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
6 ASEAN Community and Building the Law Regime in ASEAN
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 System
7 Soft Regulation and Informal Rule-Making in the ASEAN Economic Community
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
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
8.3 Challenges and Prospects of the Rule of Law in ASEAN
The Development of the Rule of Law in ASEAN
：The State and Regional Integration
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