ASEAN as a “Rules-based Community”: Business as Usual

Abstract

In establishing the ASEAN Economic Community, ASEAN political elites emphasised their commitment to the rule of law. The definition of the rule of law adopted in the ASEAN Charter mirrored UN reforms that recognised the rule of law as interlinked with democracy and human rights. This commitment raises questions, given the various tactics employed by the grouping’s authoritarian and post-authoritarian regimes to silence dissent. This article critically assesses this apparent shift in regional governance. It first maps the inclusion of rule of law rhetoric in agreements since ASEAN’s foundation, and then examines the form and implementation of dispute settlement mechanisms. It finds that dispute settlement mechanisms have consistently retained the scope for protracted political and bureaucratic negotiation between disputing parties, and “opt out” clauses that enable their contingent application. These findings undermine claims regarding the development of a “rules-based community”, and indicate the continuation of rule by law rather than rule of law. The emphasis placed on ASEAN’s rule of law reforms by elites suggests, then, the rebranding of this political project in support of the ASEAN Economic Community so as to create confidence for investors in the region’s juridical environment.     

Competing Visions of the Rule of Law in Southeast Asia: Power,Rhetoric and Governance

Abstract

This article introduces a special issue on the emergent relationship between the rhetoric and implementation of the rule of law concept in Southeast Asia. It thematically introduces four country case studies (Cambodia, Myanmar, Thailand and Vietnam), and the case of ASEAN’s adoption of the rule of law in region-building, which are included in this special issue. We highlight how ideals that are arguably central to the “tradition” of the rule of law are being excised, marginalised, defended and/or undermined in Southeast Asian contexts. We emphasise how the very concept is deeply contested and far from neutral – at stake is the very notion of “law” for whom, and for what. The article offers insight into the social dynamics affecting how the rule of law is being interpreted by political actors and how it is being contested and consolidated via governance practices in the region, and proposes new avenues for research in assessing how the rule of law is operating in transitional and authoritarian state settings.     

Co-chairing Asia-Pacific defence diplomacy: the case ASEAN Defence Ministers’ Meeting Plus

This article assesses co-chairs’ roles in affecting the outcomes of Asia-Pacific defence diplomacy, which have been under-examined. Attempting to mend this intellectual gap, our study examines: ‘What shapes specific agreement details?’ We contend that co-chairs’ effectiveness is not borne out of resource possession but in fact derived from their ability to manage the resources. In order to be effective, co-chairpersons must convert the available resources at hands into bargaining leverage. To validate our argument, empirical analysis of military medicine (MM) collaboration under the ASEAN Defence Ministers’ Meeting Plus (ADMM-Plus) framework was conducted. We demonstrate how the Thai and Russian co-chairs altered the bargaining dynamics to shape the outcomes regarding the ASEAN Center of Military Medicine (ACMM). Insights from our analysis not only extends the existing academic literature on Asia-Pacific defence diplomacy and international negotiation, but also provides practitioners with lessons useful for conducting defence diplomacy and enhancing security cooperation in the Asia-Pacific and beyond.     

ASEAN's ‘people-oriented’ aspirations: civil society influences on non-traditional security governance

Since the Asian financial crisis, the Association of Southeast Asian Nations (ASEAN) has sought to reorient itself towards becoming a ‘people-oriented’ association. Democratic transitions in the region and increased demands from civil society to be actively involved in regional governance have prompted ASEAN to develop forms of participatory regionalism. In practice, however, the rhetorical aspirations of ASEAN have not often matched the level of participation or support expected by civil society organisations. It has often been the case that ASEAN's decisions, especially those related to sensitive issues, have been influenced by external pressure as opposed to participatory mechanisms. The aim of this article is to determine to what extent participatory mechanisms impact ASEAN's approach to non-traditional security. By doing so, the authors combine two key elements central to a ‘people-oriented’ approach to regionalism: the incorporation of deliberative and participatory processes and the acknowledgement of transboundary security issues which require cooperation to move beyond state-centric approaches. This article explains that despite the rhetorical emphasis on participatory regionalism, it continues to be the case that regional civil society organisations and non-state actors have limited capacity to influence ASEAN. By providing a critical analysis of influences on ASEAN's non-traditional security policies, the authors offer a modest yet valuable contribution to the emerging literature on ASEAN's ‘people-oriented’ regionalism and advance a nuanced understanding of ASEAN's participatory mechanisms.     

China's Emergence and Impact on Technology in East Asia: The Case of Machinebuilding

Two Taiwan-based economists estimate the technology content of exports by the machinebuilding industry of the East Asia region during 2004-2008, using comparative analysis to clarify changes in the relative competitiveness of four East Asian nations (China, Japan, South Korea, and Taiwan) accompanying the formation of a regional trading bloc and production networks. In particular, they examine the technology content of these countries' machinebuilding sub-industries' exports within the Southeast Asian market (documenting the rise of the machinebuilding industry in China) as well as the penetration of Japanese, South Korean, and Taiwanese sub-industries into China's market. The results point to areas of emerging competition among China, South Korea, Japan, and Taiwan for East Asian markets, which can only be expected to intensify in the future. Journal of Economic Literature, Classification Numbers: F14, F15, F36, O14, P23. 7 tables, 36 references.     

日韩东盟8国入境我国旅游与进出口贸易关系的研究

国际旅游与国际贸易是相互联系的,旅游引发贸易、贸易推动旅游。本文在前期研究工作的基础上,提出了一个旅游与贸易互动的三阶段模型,即旅游引发贸易、贸易推动旅游和偏好-容量限制3个阶段。以日韩东盟8国为例,选用1986年-2009年统计数据,分析了8国入境我国旅游与进出口贸易的关系,构建了入境客流量与进口贸易、出口贸易和进出口贸易3组24个推拉方程。在此基础上,以1992年和2002年为分界点,分析了各阶段入境客流量与进口贸易、出口贸易增长率的变化及弧弹性;依据每万人次入境旅游引发的进出口贸易强度,将日韩东盟8国划分为四种类型,分析了近10年来旅游引起进出口贸易强度的变化,为通过旅游拉动贸易或通过贸易推动入境旅游发展提供了科学依据。     

The disturbance and endurance of norms in ASEAN: peaceful but stressful

Since the Cold War, South-East Asia has been marked by a period of relative calm and stability. Yet this peace belies ongoing tensions, mistrust and stress in the Association of Southeast Asian Nations (ASEAN) and among its member states. Within the scholarship on ASEAN, not enough attention is devoted to these underlying currents. How and in what way do tensions stress the ASEAN norms? What are some of the coping mechanisms adopted by ASEAN and its member states? Engaging with the scholarship on norms, the author contends that changes wrought in this relationship are both extra- and intra-mural. These have accelerated as contentious issues—particularly the South China Sea disputes—gain more visibility. The author argues that ASEAN is put under pressure, firstly, through a more muscular Chinese foreign policy that disrupts but does not yet break the fundamental norms of ASEAN and, secondly, through internal contestation over ASEAN norms that challenges the meaning of these norms. Essentially, the article gives an account of how internal and external pressures are burdening ASEAN norms but yet remain durable because of resistance against duress by the bloc and member states. This is done through an examination of instances where the established order and practices in the region were disturbed, and the response to this disturbance.     

Governing Civil Society in Cambodia: Implications of the NGO Law for the “Rule of Law”

Abstract

This article reviews the introduction of the 2015 Law on Associations and Non-governmental Organisations in Cambodia (“NGO Law”) from 2011–17 and explores its connection to the rule of law. After outlining the content, definitions and regulatory environment related to the NGO Law, it provides a commentary on its initial application, and examines its potential articulation with other legislation (such as defamation and libel, telecommunications law and land law). I argue that the NGO Law should be characterised as a carefully crafted piece of legislation, developed and defended over time by the ruling political party to increase control and intimidation by invoking adherence to the “rule of law”. Narratives of national security, terrorism, neutrality and cultural cohesion have been interwoven with new regulatory requirements to obfuscate overt political interference. The article argues that the NGO Law intersects with, and consolidates, the recent trend of the government’s use of legislation as a political tool to control and manipulate political opponents and government critics. This is not to deny that there are areas of civil society action and service provision that require greater government control via regulatory compliance. Nevertheless, the state’s attempts to tighten civil space are being met with resistance and “work around” strategies from the plethora of diverse organisations functioning in Cambodia.     

南海主权地缘政治经济透析

南海诸岛自古以来就是中国领土。由于其独特的地理区位及资源战略价值,南海周边国家围绕南海诸岛的领土、领海主权争端愈演愈烈,形成了今天"六国七方"的复杂局面。本文从政治经济地理的角度探讨了南海的地缘战略及资源战略价值,阐述了南海主权争端的由来及现状以及中国对南海主权的法律地位,在此基础上对南海主权争端的实质进行了分析,并得出结论,随着2010年中国与东盟自由贸易区的建立和大湄公河次区域经济合作项目的全面启动,中国与南海沿岸各国的经济合作、政治互信和共同利益越来越多,这将有助于减少外部大国遏制中国的借口,南海问题将会由直接有关的各方共同找到一个大家都能接受的解决办法。     

Japan’s Twin-Track Diplomacy during the Cambodian Conflict, 1979–84: A “Member of the West” Pursuing an Independent Foreign Policy 1

The Cambodian conflict and the increase of the Cold War tension following the Soviet invasion of Afghanistan posed major challenges to Japan’s Southeast Asia policy but, contrary to what is claimed in the existing research, did not halt Tokyo’s efforts to promote peaceful coexistence between the countries of ASEAN and Indochina. Declassified documents and other primary sources show that through the adoption of a twin-track diplomatic line, Japan acted as an “Asian member of the West”, committing to the anti-Soviet alignment but at the same time continuing to pursue its regional objectives. By engaging Vietnam and striving for a “regional” solution to the Cambodian conflict, Japan followed an independent diplomatic line, eventually expanding its role in Southeast Asia beyond the economic dimension to security issues. In the end, Japan’s bridging efforts in Southeast Asia, envisioned by Prime Minister Fukuda in 1977, helped Tokyo to lay the foundation for its involvement in the mature stage of the Cambodian peace process after the late 1980s.