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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.Read more
- Adopts a functionalist approach, rather than a purely normative one, and considers both formal and informal rule-making as important aspects of the rule of law
- The first comparative study on the rule of law practices among the ten member states of ASEAN
- Compares ASEAN's comparative legal and institutional developments with the European Union, African Union and MERCOSUR
- Evaluates the development and ongoing debates by scholars and practitioners on the conceptual and practical meanings of the rule of law
Reviews & endorsements
'The Development of the Rule of Law in ASEAN is written with analytical precision and methodological coherence. It is a model of theoretically informed empirical research. The book is truly transdisciplinary and 'seeks to explain the dynamic of rule-making in ASEAN'. The book will not only be of interest to specialists in the region but is a must for scholars and students interested in the rule of law and regional integration, as well as lawyers, political scientists and sociologists.' Adam Czarnota, University of New South Wales, AustraliaSee more reviews
'ASEAN's capacity to respond is currently tested by rule of law challenges ranging from the disputes in the South China Sea to treatment of minorities in the region. In this book, Imelda Deinla has laid out in clear and compelling fashion the principal developments and lessons of development of rule of law in ASEAN. An indispensable guide to anyone interested in understanding ASEAN.' Leena Rikkilä Tamang, Director for Asia and Pacific at the International Institute for Democracy and Electoral Assistance, Sweden
'As ASEAN moves from a consensual approach to a rule-of-law-based approach, Imelda Deinla's book is a most timely and highly penetrating analysis of the relationship between the rule of law and regional integration in ASEAN. It is a book of broad scope that will influence deeply our thinking about law and development.' Andrew Harding, National University of Singapore
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- Date Published: March 2019
- format: Paperback
- isbn: 9781108712460
- dimensions: 230 x 151 x 14 mm
- weight: 0.38kg
- contains: 12 b/w illus.
- availability: In stock
Table of Contents
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.
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