"Development, Governance, and the Rule of Law in ASEAN" by Diane A. Desierto
 

Development, Governance, and the Rule of Law in ASEAN

Document Type

Book Chapter

Publication Date

2020

Publication Information

in ASEAN Law and Regional Integration: Governance and the Rule of Law in Southeast Asia's Single Market 1 (Diane Desierto & David Cohen eds., 2020).

Abstract

Association of Southeast Asian Nations (ASEAN) integration has always been envisaged under the ASEAN Charter as a cross-pillar endeavor towards development and regional governance under rule of law – uniquely uniting ASEAN's Political-Security, Economic Communities in coordinated horizontal action, in a sharp contrast to other deeper forms of integration such as that of the European Union. A brief survey of key ASEAN instruments confirms a consistent articulated emphasis on the objectives of “development” and “rule of law” as the basis for regional governance, albeit with quite variable understandings and elaborations of these concepts over time. One therefore has to take the explosion and proliferation of ASEAN legal instruments – which contain all of ASEAN Member States’ legal commitments regionally as well as to their respective external partners – with a fair degree of pragmatism concerning ASEAN's lingering governance constraints. The chapter also presents an overview of the key concepts discussed in this book.

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