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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

Gary Low
Affiliation:
Lazada Singapore and RedMart
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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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Publisher: Cambridge University Press
Print publication year: 2022

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