The history of the Association of Southeast Asian Nations [ASEAN] can be divided into three phases. First, there was a confidence-building phase that stretched from 1967 to 1976. Following the Malayan Emergency, the North Borneo dispute and Konfrontasi, this phase focused on regional peace and security. It ended with the first ASEAN Summit, and the Declaration of ASEAN Concord, in 1976. The ASEAN Industrial Projects scheme was agreed at this Summit, and its launch marked the beginning of the second phase of ASEAN's history: economic co-operation and integration. The third and current phase began in 2007 with the adoption of the ASEAN Charter. This phase is characterized by the institutionalization of ASEAN and its formalization as the region's leading international organization.
These three books from Cambridge University Press tackle these different phases of ASEAN's development. The first phase is the starting point for Promoting Compliance: The Role of Dispute Settlement and Monitoring Mechanisms in ASEAN Instruments. This book investigates compliance by ASEAN Member States with their ASEAN obligations, tracks the development of ASEAN's dispute settlement and compliance mechanisms, and makes recommendations regarding ASEAN's compliance record.
The paradox at the heart of this work here is that while compliance by a state with its obligations begets confidence in that state, ASEAN Member States have not always been transparent about their implementation of ASEAN obligations. Further, external monitoring of compliance has varied greatly. These problems are compounded by the fact that the ASEAN Secretariat does not maintain an exhaustive list of all ASEAN instruments. As the authors readily acknowledge, assessing compliance in the absence of a clear obligation is not possible. Fortunately, the lack of comprehensive records does not lessen the value of the book, which provides rare insight into ASEAN compliance mechanisms. If anything, the book itself serves to emphasize one of the recommendations it makes, namely, that ASEAN should implement unambiguous law-making practices, with systematic curation of its legal instruments.
The second, economic phase of ASEAN's history is the starting point for ASEAN Law in the New Regional Economic Order: Global Trends and Shifting Paradigms. This edited collection begins with a series of chapters locating ASEAN agreements in their regional and global context. The book's second part addresses trade in services and financial integration, including in the banking and aviation sectors, while the third part assesses investment liberalization and protection across ASEAN. The final part concerns intellectual property, digital trade, and consumer protection.
The collection is rich in case-studies and ably tackles practical issues. In particular, the contributors’ assessments of the prospects for integration in specific sectors, and the implications for foreign investors, are realistic and clearly presented. Similarly, valuable guidance is provided for small and medium enterprises on navigating and using the increasingly complex ASEAN architecture.
This increasing complexity characterizes ASEAN's current, post-Charter phase. The dynamism of Southeast Asia means that ASEAN is doing more, and more is being expected of it. But this calls into question ASEAN's continued adherence to the “ASEAN Way”—that is, whether ASEAN's historic adherence to consensus decision-making, non-interference in Member States’ domestic affairs, and informality is compatible with the organization's remit.
This is perhaps best characterized by the growing importance of human rights within ASEAN, which is the subject of Can ASEAN Take Human Rights Seriously? The question posed in the book's title arises from the apparent conflict between two views of ASEAN's human rights initiatives. The first view holds that the establishment of ASEAN's human rights mechanisms is a positive development for the region, and evidence of progress being made. The second view laments that whatever progress made may not align with global standards, and may fail to offer substantive protections to the region's peoples.
By comparing ASEAN's human rights initiatives with international standards, the authors ultimately reach a favourable, if qualified, conclusion: ASEAN takes human rights seriously, but much remains to be done. To this end, the authors identify ways in which ASEAN could strengthen its new mechanisms to better protect human rights. The analysis is persuasive, and the conclusion is difficult to argue with. Perhaps most important, however, is the authors’ persuasive argument that the ASEAN Way does not bar the development of substantive human rights protections within the ASEAN framework. Rather, it is a process that exhibits sensitivity and flexibility. The upshot is that ASEAN does not necessarily have to discard the practices that have suited it well throughout its historical development.
Read individually, these three books each provide a comprehensive single-volume treatment of their subject matter. Read together, they provide unique insight into the development of ASEAN, and how the organization's previous confidence-building and economic phases are shaping the current post-Charter phase.
