Robert Gallo Griffith University, Australia
Lvl 36, 123 Eagle Street Brisbane QLD 4000 Australia.
Corresponding Author: rgallo@piperalderman.com.au
ⓒ Copyright YIJUN Institute of International Law
This is an Open Access article distributed under the terms of the Creative Commons Attribution Non-Commercial License (http://creativecommons.org/licenses/by-nc/3.0/) which permits unrestricted non-commercial use, distribution, and reproduction in any medium, provided the original work is properly cited.
Abstract
This paper examines the doctrine of informalism, its place in the field of jurisprudence and why it influences the international legal system of ASEAN. It analyses the problems associated with the development of ASEAN's international legal system in the context of trade liberalization. It then seeks to answer the question of how ASEAN may enhance trade liberalization through innovations in its legal system and what aspects of an informal legal system may be maintained within a hard-law framework. It does this by analyzing rule-observance in soft law as well as analyzing some examples of flexibility-enabling mechanisms. The paper recommends how instances of legal informalism may be maintained within ASEAN as it seeks to further trade liberalization between its members.
Keywords : Informalism, ASEAN, The ASEAN Way, Relationship-based Legal System, Rule-based Legal System, Credibility, Flexibility, Network Norms, Safeguard Provision, Sunset Provision
The Full Text is available at: http://dx.doi.org/10.14330/jeail.2012.5.2.09
2015년 12월 15일 화요일
Rule of Law as a Framework within the ASEAN Community
Joel Ng Nanyang Technological University, Singapore
S. Rajaratnam School of International Studies, Block S4, Level B4, Nanyang Avenue, Singapore 639798.
Corresponding Author: kj.joel.ng@gmail.com
ⓒ Copyright YIJUN Institute of International Law
This is an Open Access article distributed under the terms of the Creative Commons Attribution Non-Commercial License (http://creativecommons.org/licenses/by-nc/3.0/) which permits unrestricted non-commercial use, distribution, and reproduction in any medium, provided the original work is properly cited.
Abstract
As the ASEAN moves towards its vision of a 'Community,' enforceability and consistency of legal standards, broadly the "rule of law," have drawn attention due to their impact on the predictability of social environments, with consequences for markets, people, and policy makers. This paper draws together recent findings and suggests ASEAN States have made significant progress but remain in a state of transition. These findings support Barry Weingast's prediction that developing countries are more likely to create consistent rules and move to "open access orders" in line with requirements for development, rather than install artificial enforcement mechanisms before growth.
Keywords : Rule of Law, ASEAN, Predictability, Human Rights, World Justice Project, ASEAN Community Vision.
The Full Text is available at: http://dx.doi.org/10.14330/jeail.2012.5.2.01
S. Rajaratnam School of International Studies, Block S4, Level B4, Nanyang Avenue, Singapore 639798.
Corresponding Author: kj.joel.ng@gmail.com
ⓒ Copyright YIJUN Institute of International Law
This is an Open Access article distributed under the terms of the Creative Commons Attribution Non-Commercial License (http://creativecommons.org/licenses/by-nc/3.0/) which permits unrestricted non-commercial use, distribution, and reproduction in any medium, provided the original work is properly cited.
Abstract
As the ASEAN moves towards its vision of a 'Community,' enforceability and consistency of legal standards, broadly the "rule of law," have drawn attention due to their impact on the predictability of social environments, with consequences for markets, people, and policy makers. This paper draws together recent findings and suggests ASEAN States have made significant progress but remain in a state of transition. These findings support Barry Weingast's prediction that developing countries are more likely to create consistent rules and move to "open access orders" in line with requirements for development, rather than install artificial enforcement mechanisms before growth.
Keywords : Rule of Law, ASEAN, Predictability, Human Rights, World Justice Project, ASEAN Community Vision.
The Full Text is available at: http://dx.doi.org/10.14330/jeail.2012.5.2.01
Singapore and the Universal Periodic Review: An Unprecedented Human Rights Assessment
Mahdev Mohan Singapore Management University School of Law, Singapore
School of Law, SMU, 60 Stamford Road Level 4, Singapore 178900
Corresponding Author: mahdevm@smu.edu.sg
ⓒ Copyright YIJUN Institute of International Law
This is an Open Access article distributed under the terms of the Creative Commons Attribution Non-Commercial License (http://creativecommons.org/licenses/by-nc/3.0/) which permits unrestricted non-commercial use, distribution, and reproduction in any medium, provided the original work is properly cited.
Abstract
Singapore will soon submit a national report to and subsequently appear before the UN Human Rights Council for a universal periodic review of its human rights laws and practices. This review will elicit a rare and unprecedented expression of whether and how Singapore feels it has adhered to international human rights law, and ways in which it may further refine or calibrate its domestic practices. This article seeks to identify Singapore's human rights achievements; highlight challenges it should be prepared to address; and recommend measures it should adopt to promote human rights.
Keywords : International Law, Human Rights, Universal Periodic Review, Death Penalty, Due Process, Access to Justice, ASEAN.
The Full Text is available at: http://dx.doi.org/10.14330/jeail.2010.3.2.05
School of Law, SMU, 60 Stamford Road Level 4, Singapore 178900
Corresponding Author: mahdevm@smu.edu.sg
ⓒ Copyright YIJUN Institute of International Law
This is an Open Access article distributed under the terms of the Creative Commons Attribution Non-Commercial License (http://creativecommons.org/licenses/by-nc/3.0/) which permits unrestricted non-commercial use, distribution, and reproduction in any medium, provided the original work is properly cited.
Abstract
Singapore will soon submit a national report to and subsequently appear before the UN Human Rights Council for a universal periodic review of its human rights laws and practices. This review will elicit a rare and unprecedented expression of whether and how Singapore feels it has adhered to international human rights law, and ways in which it may further refine or calibrate its domestic practices. This article seeks to identify Singapore's human rights achievements; highlight challenges it should be prepared to address; and recommend measures it should adopt to promote human rights.
Keywords : International Law, Human Rights, Universal Periodic Review, Death Penalty, Due Process, Access to Justice, ASEAN.
The Full Text is available at: http://dx.doi.org/10.14330/jeail.2010.3.2.05
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