Promoting Compliance: The Role of Dispute Settlement and Monitoring Mechanisms in ASEAN Instruments

  • Robert Beckman, Leonardo Bernard, Hao Duy Phan, Tan Hsien-Li and Ranyta Yusran
  • Edited by Joseph Weiler and Tan Hsien-Li

    Cambridge University Press

  • ASEAN Integration Through Law
  • 2016

The reputation and achievement of the ASEAN Community hinges on compliance. This seminal book discusses whether ASEAN’s faith in dispute settlement and monitoring mechanisms as a means to better compliance is justified and delves into the extent to which they can facilitate ASEAN Community building. It provides the first comprehensive and systematic analysis of ASEAN’s compliance with its instruments, and enables readers to see ASEAN as an organisation increasingly based on law and institutions. Readers will also learn how ASEAN balances a thin line between law and institutions on the one hand and diplomacy and realism on the other. Scholars of adjudicatory mechanisms will find this book a fascinating addition to the literature available, and it will serve as a ‘go-to’ reference for ASEAN state agencies. The book will also interest academics and practitioners working on comparative and cross-disciplinary studies of dispute settlement, monitoring mechanisms, compliance, and international and regional organisations.

– This is the first book on ASEAN dispute settlement mechanisms (DSMs) and compliance mechanisms (CMs) – readers will learn much about ASEAN as an organisation and how it will build the ASEAN Community in relation to its DSMs and CMs.

– This book reveals how ASEAN is a law- and institution-based organisation based on its DSMs and CMs, but how it also remains very much influenced by realpolitik.

– ASEAN DSMs and CMs are empirically and qualitatively studied for the very first time to give readers a full understanding of the unique compliance structure in ASEAN—the content of the book also enables comparative and cross-disciplinary studies of DSMs and CMs.

About the ASEAN Integration Through Law book series

Published by Cambridge University Press, this book series evaluates ASEAN’s community-building process and issues at the forefront of ASEAN law and policy. The series covers six themes: the general architecture and aspirations of ASEAN, the governance and management of ASEAN, the legal regimes in ASEAN, the ASEAN Economic Community, ASEAN and the world, and the substantive laws of ASEAN. Click here for the executive summaries of the books in this series.

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