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ASEAN Law in the New Regional Economic Order: Global Trends and Shifting Paradigms

Edited by: Pasha L. Hsieh, Bryan Mercurio

ISBN13: 9781108949293
Published: November 2020
Publisher: Cambridge University Press
Country of Publication: UK
Format: Paperback (Hardbck in 2019)
Price: £29.99
Hardback edition , ISBN13 9781108424998

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The fast-growing last decade of strong economic growth of the Association of Southeast Asian Nations (ASEAN) has played a critical role in Asia-Pacific regionalism and global trade. This book explores the concept of ASEAN law under the normative framework of the new regional economic order. It examines the roadmap of the new ASEAN Economic Community Blueprint 2025 by evaluating the impact of ASEAN trade agreements on domestic legislation on professional services, financial integration, investment disputes and digital trade. More importantly, it sheds light on the legal implications of ASEAN's agreements with China and India and the potential developments of mega-regional trade agreements such as the CPTPP and the RCEP. Hence, the legal analysis and case studies in the book offer a fresh view of Asia-Pacific integration and bridge the gap between academia and practice.

Part I. ASEAN Agreements in the Global Context
1. ASEAN law in the new regional economic order: an introductory roadmap to the ASEAN Economic Community
Pasha L. Hsieh and Bryan Mercurio
2. The ASEAN Trade in Goods Agreement: the evolution and regional implications
Minh Hue Nguyen, Deborah Elms and Lavanya N.
3. Building towards the RCEP? Reflections on the ASEAN-China FTA
Heng Wang
4. The dispute settlement mechanism in ASEAN's external agreements with China, Japan and Korea
Henry Gao
Part II. Services Trade and Financial Integration
5. Moving towards liberalization: the ATISA and beyond
Bryan Mercurio
6. Challenges of ASEAN MRAs on professional qualifications
Yoshifumi Fukunaga
7. Banking integration in ASEAN and the challenges of regulatory cooperation
Federico Lupo-Pasini
8. The shifting sands of capital market development and integration in ASEAN: the case of the Phillipines and Indonesia
Michelle Dy
9. Transnational legal services in Asia: legal implications of the AEC and the CPTPP
Pasha L. Hsieh
10. ASEAN air transport integration and liberalization: a slow but practical model
Jae Woon Lee
Part III. Investment Liberalization and Protection
11. Investment liberalization in ASEAN: moving from myths to reality
Sufian Jusoh
12. The ACIA: much more than a bit of protection for foreign investors?
Julien Chaisse
13. Fragmented approaches to investor-state dispute settlement mechanism in intra-ASEAN and extra-ASEAN investment treaties
Trinh Hai Yen
14. Pro-development dispute resolution mechanisms and norms for investments and commercial disputes in ASEAN
Yip Man
15. The AEC and regulatory reforms in CLMV countries with a special focus on Myanmar
Nimnual Piewthong
Part IV. Intellectual Property, Digital Trade and Consumer Protection
16. Free movement of goods and intellectual property exhaustion in ASEAN: a roadblock in the ASEAN way
Irene Caboli
17. Legal and regulatory challenges to facilitating e-commerce in ASEAN
Eliza Mik
18. Data localization and digital trade barriers: ASEAN in mega-regionalism
Han-Wei Liu
19. Consumer contracts and product safety law in Southeast Asia: partly trading up?
Luke Nottage and Jeannie Paterson
20. Conclusion: realizing the AEC Blueprint 2025
Pasha L. Hsieh and Bryan Mercurio