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Consumer product safety law has become a core element of consumer protection law in almost all ASEAN member states. Reforms began by creating post-market intervention powers for consumer affairs regulators, allowing them to ban or recall goods found to be unsafe; and sometimes pre-market powers, to set minimum safety standards. Yet many general consumer affairs regulators still lack capacity and jurisdiction, especially for pre-market powers, limiting capacity to exercise even post-market regulatory powers and to engage in proliferating cross-border standard-setting networks. The Chapter also examines the relationship between regulators and NGOs, as well as with private litigants who may wish to turn instead to the court system to obtain relief for harm from unsafe goods. Five ASEAN states have enacted strict product liability legislation. Indeed, although inspired by 1985 European Union legislation, the versions in Southeast Asia generally are more pro-plaintiff in various ways. Yet there are almost no court filings. Appendices present two extended case studies: informal networks promoting food standards and safety, and formal agreements harmonising cosmetics regulation.
This chapter draws together themes of the earlier chapters to how consumer protection law reform might be advanced in a manner consistent with the evolving 'ASEAN' way in order to effect real and postive change for consumers and markets. We focus on aspects of transgovermentalism and especially 'shared regional value' as a way of conceiving and advancing an operational mechanism among ASEAN member states that may lead to effective consumer protection regulation while retaining regional autonomy and diversity.
Consumer law and policy generally envisages that consumer interests are best advanced by prohibiting abusive marketplace practices and promoting competition. This chapter proposes the framework be sophisticated for the provision of professional health services. Arguably, universal access to health services is a basic human right. Thus, the consumer interest is best understood within a human rights and a marketplace framework. These two frameworks do not always sit comfortably together, as illustrated in this chapter. The chapter explores the impacts of ASEAN’s market liberalisation strategies upon the delivery of professional health services. One strategy involves regional mutual recognition of health qualifications. This could enhance consumer interests by increased movement of medical practitioners to areas of regional need. Conversely, it could lead them to shift from low-income countries where universal access needs are acute to countries where practitioners receive higher incomes. The chapter concludes with an examination of how ‘health tourism’ is being promoted by some ASEAN members for economic benefit. However, these apparent benefits maybe somewhat illusory.
This is the first Western-language research monograph detailing significant developments in consumer law and policy across the Association of Southeast Asian Nations (ASEAN), underpinned by a growing middle class and implementation of the ASEAN Economic Community from 2016. Eight chapters examine consumer law topics within ASEAN member states (such as product safety and consumer contracts) and across them (financial and health services), as well as the interface with competition law and the nature of ASEAN as a unique and evolving international organisation. The authors include insights from extensive fieldwork, partly through consultancies for the ASEAN Secretariat, to provide a reliable, contextual and up-to-date analysis of consumer law and policy development across the region. The volume also draws on and contributes to theories of law and development in multiple fields, including comparative law, political economy and regional studies.
This study of Southeast Asian media and politics explores issues of global relevance pertaining to journalism's relationship with political power. It argues that the development of free, independent, and plural media has been complicated by trends towards commercialisation, digital platforms, and identity-based politics. These forces interact with state power in complex ways, opening up political space and pluralising discourse, but without necessarily producing structural change. The Element has sections on the democratic transitions of Indonesia, Myanmar and Malaysia; authoritarian resilience in Singapore; media ownership patterns in non-communist Southeast Asia; intolerance in Indonesia and Myanmar; and digital disruptions in Vietnam and Malaysia.
The member states of the Association of Southeast Asian Nations (ASEAN) set themselves the ambitious aim of establishing a region-wide economic community by 2015, and to deepen it in the context of the ASEAN Economic Community (AEC) Blueprint 2025. To achieve these goals, service sector reforms will occupy a central place in ASEAN's policy pantheon. This can be attributed to both ASEAN's integration process and its deepening ties within a dense layer of external economic partners. This book takes stock of the experience of ASEAN member states in pursuing trade and investment liberalization in services. It identifies key challenges that the regional grouping can be expected to encounter in realizing its AEC Blueprint 2025 aims. Using a law and economics lens, the book assesses where ASEAN is and is headed in services trade, situating it alongside efforts at crafting a European single market for services.
This volume chronicles the experience of ASEAN Member States in pursuing trade and investment liberalization in services markets. Using a multidisciplinary and comparative regionalism lens, drawing on law, economics and global political economy, it takes stock of ASESAN achievements to date in opening services markets; identifies a number of the challenges that the regional grouping can be expected to encounter on the way to realizing the AEC Blueprint 2025 aims; and situates such efforts against the backdrop of efforts at creating a European Single Market for services.
Chapter 4 provides a detailed reading of the progress achieved to date in the negotiated opening of services markets under both AFAS and PTAs entered into (or currently being negotiated) with third parties both by ASEAN as a whole and by individual ASEAN Member States.