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Expert Roundtable Discussion on the "Road to Ratification and Implication of ASEAN Charter" organized by the ASEAN Studies Centre, Institute of Southeast Asian Studies, Singapore, and the Habibie Center, Indonesia, on 17 July 2008 in Jakarta.
With the completion of the ASEAN Charter, ASEAN needs to fully appreciate and work out the issues connected with its implementation. It is also important for ASEAN and its business sector to understand and implement the two newly completed key integration instruments (the ASEAN Trade in Goods Agreement and the ASEAN Comprehensive Investment Agreement 2009) and the business enhancing initiatives envisaged under them. Both areas of work have taken on added urgency in view of ASEAN's goal of putting in place an ASEAN Economic Community by 2015. This is the first book which examines both the above issues, the problems related to them and possible solutions. "Mr Tiwari is a legal authority on ASEAN. This book is an important contribution to ASEAN law." - Professor Tommy Koh, Ambassador-at- Large, Ministry of Foreign Affairs, Singapore. "The ASEAN Charter, and the economic integration of the ASEAN nations that the Charter will support, are essential to grow the competitiveness of the region. Mr Tiwari provides keen insights into the development of this emerging framework and of the challenges that remain." - Phillip Overmyer, Chief Executive, Singapore International Chamber of Commerce. "I have known Mr Tiwari as a legal authority and a friend for over twenty years. I would like to congratulate him for having chosen to share his knowledge on ASEAN law through this book. Knowledge of the ASEAN Charter and the instruments underpinning ASEAN integration would be of immense benefit to people in the business sector as ASEAN moves towards forming an ASEAN Economic Community by 2015." - Jennie Chua, Chairperson, Singapore International Chamber of Commerce.
In this booklet, the Institute of Southeast Asian Studies has put together some ideas for the proposed ASEAN Charter. The leaders of the Association of Southeast Asian Nations had endorsed the concept of a charter for the association on the conviction that such a document would help in making ASEAN a more robust force for peace and stability, a more deeply integrated and more competitive economic community, a more effective instrument for regional cooperation, and a worthier vessel for the hopes of Southeast Asia's people. The ideas in the booklet are meant for the use, as they see fit, of those who may be involved in the drafting of the charter, including the Eminent Persons Group that has been formed to advise the leaders.
In Human Rights and Participatory Politics in Southeast Asia, Catherine Renshaw recounts an extraordinary period of human rights institution-building in Southeast Asia. She begins her account in 2007, when the ten members of the Association of Southeast Asian Nations (ASEAN) signed the ASEAN charter, committing members for the first time to principles of human rights, democracy, and the rule of law. In 2009, the ASEAN Intergovernmental Commission on Human Rights was established with a mandate to uphold internationally recognized human rights standards. In 2013, the ASEAN Human Rights Declaration was adopted as a framework for human rights cooperation in the region and a mechanisim for ASEAN community building. Renshaw explains why these developments emerged when they did and assesses the impact of these institutions in the first decade of their existence. In her examination of ASEAN, Renshaw asks how human rights can be implemented in and between states that are politically diverse—Vietnam and Laos are Communist; Brunei Darussalam is an Islamic sultanate; Myanmar is in transition from a military dictatorship; the Philippines and Indonesia are established multiparty democracies; while the remaining members are less easily defined. Renshaw cautions that ASEAN is limited in its ability to shape the practices of its members because it lacks a preponderance of democratic states. However, she concludes that, in the absence of a global legalized human rights order, the most significant practical advancements in the promotion of human rights have emerged from regional institutions such as the ASEAN.
The chapters in this book are an assembly of commentaries by a distinguished team of specialists on the social impact of the Singapore Women's Charter on women and men. The Women's Charter is the main legislation protecting women's rights in the context of the family in Singapore. Highlights of this book include the reasons for the significance of legislation to protect women's rights in marriage; how the legislation came about; case studies from Southeast Asia; how the Singapore Women's Charter evolved and became established; how the Charter goes beyond protecting women's rights by reinforcing men's and women's obligations and duties in a marital partnership; how the Charter has come to be perceived by men and women especially in its enforcement in the context of divorce; and the social repercussions of the Charter on the family in its application. There has been ongoing discussion on the implications of the Charter on the lives of Singaporean women and men for some years since its implementation. The purpose of this book is to enrich our understanding of this legislation further - its objectives, efficacy and shortfalls.
On 28 July 2008, the ASEAN Studies Centre and the Regional Economic Studies Programme, both of the Institute of Southeast Asian Studies, and the Konrad Adenauer Stiftung organized a roundtable on The ASEAN Economic Community Blueprint. The brainstorming session gathered Southeast Asian experts from the region to discuss the AEC Blueprint, which ASEANs leaders had adopted at their summit meeting in November 2007, and the prospects of any obstacles to its implementation by the target year, 2015. The roundtable started with a progress report on the AEC Blueprint given by S. Pushpanathan, Principal Director of Economic Integration and Finance, ASEAN Secretariat, Jakarta. Thereafter, the sessions examined the various aspects of the Blueprint tackling the non-tariff barriers, designing a comprehensive ASEAN Investment Agreement, a regional framework for competition policy, the role of infrastructure development in economic integration, the importance of international production networks in economic integration, etc.
ASEAN has declared its intention to create a security community in Southeast Asia that is people-orientated. This book evaluates ASEAN's progress, and in doing so examines three matters of concern. The book firstly looks at the importance of constitutive norms to the workings of security communities, by identifying ASEAN's constitutive norms and the extent to which they act as a help of hindrance in establishing a security community. It then moves on to how ASEAN has interpreted people-orientated as empowering civil society organisations to be community stakeholders. The book discusses the uncertainty between how ASEAN envisages their role, and the role they themselves expect to have. Civil society actors are seeking to influence what sort of community evolves and their ability to interact with the state elite is evaluated to determine what interpretation of people-oriented is likely to emerge. Thirdly, in order to make progress ASEAN has sought to achieve cooperation among its member states in functional areas. The book examines this interest in functional cooperation through case studies on human rights, HIV/AIDS and disaster management. By discussing the notion of ASEAN being people-orientated, and how it engages with 'the people', the book provides important insights into what type of community ASEAN in building, as well as furthering our understanding on security communities more broadly.
This book proposes a selective approach for states with more advanced human rights protection to establish a human rights court for Southeast Asia. It argues the inclusive approach currently employed by ASEAN to set up a human rights body covering all member states cannot produce a strong regional human rights mechanism. The mosaic of Southeast Asia reveals great diversity and high complexity in political regimes, human rights practice and participation by regional states in the global legal human rights framework. Cooperation among ASEAN members to protect and promote human rights remains limited. The time-honored principle of non-interference and the “ASEAN Way” still predominate in relations within ASEAN. These factors combine to explain why the ASEAN Intergovernmental Commission on Human Rights is unlikely to be strong and effective in changing and promoting regional human rights protection.
On December 31, 2015, the ten-member Association of Southeast Asian Nations (ASEAN) ushered in a new era with the founding of the ASEAN Community (AC). The culmination of 12 years of intensive preparation, the AC was both a historic initiative and an unprecedented step toward the area's regional integration. Political commentators and media outlets, however, greeted its establishment with little fanfare. Implicitly and explicitly, they suggested that the AC was only the beginning: Southeast Asia, they seemed to say, was taking its first steps on a linear process of unification that would converge on the model of the European Union. In The Indonesian Way, Jürgen Rüland challenges this previously unquestioned diffusion of European norms. Focusing on the reception of ASEAN in Indonesia, Rüland traces how foreign policy stakeholders in government, civil society, the legislature, academe, the press, and the business sector have responded to calls for ASEAN's Europeanization, ultimately fusing them with their own distinctly Indonesian form of regionalism. His analysis reframes the nature of ASEAN as well as the discipline of international relations more broadly, writing a narrative of regional integration and norm diffusion that breaks free of Eurocentric thought.