How do international norms bring about constitutional and administrative change in apparently unreceptive environments? In South East Asia there is sensitivity to international law intruding on domestic sovereignty; a patchy tradition of constitutional democracy; and the central vehicle for international engagement, ASEAN, largely eschews binding norms. This panel nevertheless hypothesises that international norms have brought...
ASEAN and a Janus-faced constitutionalism: the Indonesian case
This paper addresses the interaction between two ASEAN norms and Indonesia‘s dual constitutionalism, particularly in the energy sector. The ASEAN norms are increasing foreign investment and private sector involvement. Indonesia‘s dual system comprises two spheres of legislative action. In the first, the House of Representatives legislates subject to judicial oversight. In the second, the President...
Economic Integration, Common Identity and Regional Framework for Migration: The Curious Case of ASEAN
This paper argues that the ASEAN‘s emerging framework for migration is both a result of, and has bolstered the region‘s vision of a common identity based on the idea of a particular kind of State — the investee State — that the ASEAN Economic Community is meant to create. The economic integration project has challenged...
The Regional Constitution of the Investee State
This paper argues that domestic arrangements are not only changed by formal international norms. They are also transformed by State narratives as to why these norms should have authority within their territories. This is particularly so with regional trade agreements. Authority for their wide-ranging claims to obedience cannot provided by the meagre gains supplied by...