Dispute Settlement under the Regional Comprehensive Economic Partnership: Part 4: Panel Appointment Strategies by Yvette Foo The final post for this RCEP series continues to look beyond the roles of the Complainant and Respondent, by assessing how panel members are appointed. It briefly goes through the different ways that a panel can be composed under Article …

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Dispute Settlement under the Regional Comprehensive Economic Partnership: Part 3: Third Parties under Chapter 19 by Yvette Foo Thus far, this blog series focused on provisions pertaining to the Complainant and Respondent parties disputing under RCEP. Part 1 analysed specific procedural issues, while Part 2 focused on the rights/benefits that Least Developed Country Parties have under …

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Dispute Settlement under the Regional Comprehensive Economic Partnership: Part 2: Is Article 19.18’s Special and Differential Treatment Necessary? by Yvette Foo Following Part 1 which examined key procedural provisions of Chapter 19, Part 2 now discusses Article 19.18 of RCEP, which purports to provide special and differential treatment (SDT) to Least Developed Country Parties (LCDP(s)) at …

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Dispute Settlement under the Regional Comprehensive Economic Partnership: Part 1: An Overview of Chapter 19 by Yvette Foo The Regional Comprehensive Economic Partnership Agreement (RCEP) is a mega-free trade agreement (FTA) between fifteen countries that has recently entered into force. What makes the agreement remarkable is its sheer size and coverage, and concomitant impact as a …

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Reflecting on ASEAN Members’ Disputes at the World Trade Organisation Part 4: The Impact of the WTO on ASEAN’s Dispute Settlement Mechanisms by Yvette Foo Introduction Over the past three instalments of this series, it was argued that the ASEAN Member States have become more committed to relying on dispute settlement to resolve trade-related conflicts. …

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Reflecting on ASEAN Members’ Disputes at the World Trade Organisation Part 3: DS496, 2015 by Yvette Foo Introduction DS496, 2015: Indonesia — Safeguard on Certain Iron or Steel Products (DS496) is the third, and as of the date of this blog post, last WTO case between two ASEAN Member States. This was a trade dispute …

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Reflecting on ASEAN Members’ Disputes at the World Trade Organisation Part 2: DS371, 2008 by Yvette Foo DS371, 2008: Thailand — Customs and Fiscal Measures on Cigarettes from the Philippines (DS371) is the second dispute between two member states of the Association of Southeast Asian Nations (ASEAN) that was brought before the Dispute Settlement Body …

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Rethinking law in ASEAN’s rules-based order by Dr Tan Hsien-Li  By the end of 2021, the ASEAN Charter would have been in force for 13 years pursuant to Indonesia’s ratification in 2008. Yet what is supposed to be ASEAN’s ‘constitutional’ breakthrough has been to many, in the years since, underwhelming when compared to the initial …

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Reflecting on ASEAN Members’ Disputes at the World Trade Organisation Part 1: DS1, 1995 by Yvette Foo The Association of Southeast Asian Nations (ASEAN) was established amid regional conflict and strained relations. ASEAN’s first five member states (Indonesia, Malaysia, the Philippines, Singapore and Thailand) in 1967 agreed to join together to increase regional solidarity in …

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Ten conclusions of the CIL roundtable on “ASEAN and Myanmar: Balancing the ASEAN Charter and Non-Interference in the Internal Affairs of Other States” held on 25 March 2021 By Tommy Koh ?? This afternoon I moderated an important discussion on the crisis in Myanmar. The webinar was organised by the Centre for International Law of …

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Reproduced from the Business Times For Business Times – Dr Tan Hsien-Li, Co-Director (Teaching) for CIL’s ASEAN Law and Policy Programme, reflects on ASEAN’s collective response to public health crises. As the COVID-19 crisis was intensifying in the region in February and March, commentators from the media and academia noted that ASEAN was slow to …

For Business Times – Dr Tan Hsien-Li, Co-Director (Teaching) for CIL’s ASEAN Law and Policy Programme, reflects on ASEAN’s collective response to public health crises. Read More »