General Architecture

To understand the law, one must understand how the law (or 'non-law') is made and the political potential and constraints on developing legal instruments. This set of studies also assesses the 'law of decision making' - often implicit but always existent.

1. Institutions and Decision Making Processes: Inventory and Critical Analysis

This is an international organisational analysis of the institutions and processes of ASEAN, particularly the current functions and powers of the ASEAN Secretariat.

This study first analyses any existing text defining the role of the Secretariat and then critically evaluates whether, as envisaged and as realised, the Secretariat can actually fulfil the role(s) assigned to it in the Charter. In the second place, we ask for a more speculative and audacious paper which does not simply ask what role was assigned to the Secretariat but also asks what role might be assigned to it, so as to enable ASEAN better to realise its stated objectives in the Charter. This is the 'politological' chapter in the study - to try and systematise, create taxonomy, explain and then evaluate the institutional and decision making process of ASEAN.

In the evaluative part of the study, the key evaluative criterion should be effectiveness measured against the stated objectives of ASEAN as expressed in the Charter. Has the Charter equipped ASEAN with the necessary institutional tools and decisional processes, to achieve its stated goals? Secondary evaluative criteria would be issues like transparency, responsiveness to stakeholders and some overall sense of legitimacy - all tailored to the Asian and ASEAN context. The main thrust of the paper will be informative, analytical and theoretical. We hope that at the end there could be a policy oriented set of recommendations in a 'toolkit' manner - various options, modalities with pros and cons. In many ways this chapter is probably the gold standard against which future studies will be measured and relate to.

2. Comparative Toolbox from the Universe of Regional Integration Organisations
(Carlos Closa, Lorenzo Casini)

This is a map of the various institutions and processes used by other regional integration organisations.

This is a synthetic account describing other regional integration organisations such as NAFTA, Mercosur, the Andean Community, the EU and some of the African Regional Organisations so as to situate on a spectrum the different levels of ambition each organisation aspires towards. More specifically, in relation to the issue of Telos - what it is about and what the partners are trying to achieve - and the issue of governance, we are interested in some description and even more importantly in modelling. What models can one develop both with regard to the rationale, telos, scope of various RTAs and the system of Governance, with the EU perhaps at one end of the spectrum and perhaps NAFTA at the other end?

Executive summary
Authors’ profiles: Carlos Closa, Lorenzo Casini

3. An Exploration of the Role and Constraints of the ASEAN Secretariat Legal Division
(Jean-Claude Piris, Walter Woon)

This study is a description and analysis of how the legal service in ASEAN works and is expected to work in line with ASEAN's projected aspirations for integration.

Executive summary
Authors’ profiles: Jean-Claude Piris, Walter Woon

4. Comparative Toolbox from the Universe of Secretariats
(Omri Sender)

The main task in this part of the overall project is to survey the various regional organisations (excluding the EU) from official sources and, if necessary, direct requests to officials, to build a formal inventory of Secretariats. The comparative template should include any formal provisions setting up the secretariat, defining if functions, powers and composition, and then as much detail as possible as regards, size, budget, internal organisation (divisions, sections etc).

Executive summary
Author’s profile: Omri Sender

5. Governance and Management: The Member State Apparatus: An Inventory and Critical Analysis
(Jon Quah with Agus Pramusinto, Nik Rosnah Wan Abdullah, Vicente Jr. Chua Reyes, David Jones, Jairo Acuna, Tran Anh Ngoc, Giulio Napolitano)

A political science analysis of each member state's decision making and implementation processes particularly that pertaining to ASEAN and ASEAN disciplines, exploring the various member state apparatuses for interface with ASEAN both at the input stage (preparation for ASEAN decision making) and at the output stage, follow up, implementation and continuous management. It is hoped that a critical analysis of the situation in some key member state - eg the most developed (Indonesia, Malaysia, the Philippines and Singapore) and perhaps one or two other developing countries, will offer a 'tool box' of options of how member state may wish to organise an effective interface with ASEAN as it develops.

Executive summary
Authors’ profiles: Jon Quah with Agus Pramusinto, Nik Rosnah Wan Abdullah, Vicente Jr. Chua Reyes, David Jones, Jairo Acuna, Tran Anh Ngoc, Giulio Napolitano