Book contents
- Convergence and Divergence of Private Law in Asia
- Convergence and Divergence of Private Law in Asia
- Copyright page
- Dedication
- Contents
- Tables
- Contributors
- Acknowledgments
- Abbreviations
- 1 Introduction
- 2 Uniform Law and the Production and Circulation of Legal Models
- 3 Convergence, Divergence and Diversity in Financial Law: The Experience of the UNCITRAL Model Law and Cross-Border Insolvency
- 4 The New York Convention and the UNCITRAL Model Law on International Commercial Arbitration: Existing Models for Legal Convergence in Asia?
- 5 Convergences and Divergences: Comparing Contractual and Organizational Models in International Regulatory Cooperation
- 6 Law as a Market Standard: Voluntary Unification in Contract and Company Law
- 7 Is the Harmonisation of Asian Contract Law Possible? The Example of the European Union
- 8 The Presumption of Regularity in Chinese Corporate Contracting: Evidence and the Prospect of Regional Convergence
- 9 Mind the Gap: Studying the Implementation Discrepancy for the ASEAN Economic Community
- 10 The Rule of Law as Key to the ASEAN Legal Order: How Can It Be Ensured?
- 11 How Asian Should Asian Law Be?
- Index
10 - The Rule of Law as Key to the ASEAN Legal Order: How Can It Be Ensured?
Published online by Cambridge University Press: 17 February 2022
- Convergence and Divergence of Private Law in Asia
- Convergence and Divergence of Private Law in Asia
- Copyright page
- Dedication
- Contents
- Tables
- Contributors
- Acknowledgments
- Abbreviations
- 1 Introduction
- 2 Uniform Law and the Production and Circulation of Legal Models
- 3 Convergence, Divergence and Diversity in Financial Law: The Experience of the UNCITRAL Model Law and Cross-Border Insolvency
- 4 The New York Convention and the UNCITRAL Model Law on International Commercial Arbitration: Existing Models for Legal Convergence in Asia?
- 5 Convergences and Divergences: Comparing Contractual and Organizational Models in International Regulatory Cooperation
- 6 Law as a Market Standard: Voluntary Unification in Contract and Company Law
- 7 Is the Harmonisation of Asian Contract Law Possible? The Example of the European Union
- 8 The Presumption of Regularity in Chinese Corporate Contracting: Evidence and the Prospect of Regional Convergence
- 9 Mind the Gap: Studying the Implementation Discrepancy for the ASEAN Economic Community
- 10 The Rule of Law as Key to the ASEAN Legal Order: How Can It Be Ensured?
- 11 How Asian Should Asian Law Be?
- Index
Summary
This Chapter poses three questions: (1) What is the rule of law: how far is it a universal concept? (2) How is the rule of law key to the ASEAN legal order? (3) How is the rule of law to be ensured in ASEAN? In view of their common nature as regional associations, the meaning and development of the rule of law in ASEAN will be compared with the European Union’s experience, analysing and highlighting some of the main differences and commonalities among the two entities. This, on the consideration that international organizations like ASEAN and the EU greatly rely on the creation of an effective system of dispute settlement as both an integrationist and legitimizing tool vis-à-vis the international community. A replica of the European Court of Justice may not be suited for ASEAN. What seems however of utmost importance is that any dispute mechanism in ASEAN should be provided with binding jurisdiction and with effective enforcement powers in order for the bloc to achieve sufficient economic integration among its member States. This is all the more so given the rule of law is more necessity than virtue, and regional systems with effective courts can contribute to developing it.
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- Convergence and Divergence of Private Law in Asia , pp. 204 - 226Publisher: Cambridge University PressPrint publication year: 2022