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. A sister panel explored how ASEAN had reconfigured systems of administration around a model of the investee State. This panel explores the way...
Between an Imagined Affinity, the State and ASEAN: The Sources of Regional Human Rights Norms
The transition to an investee State necessitates reforms in the financial, corporate and public sectors. This paper focuses on reforms in the area of human rights. Using a case study of the Philippines, Malaysia, Indonesia and Singapore, it illustrates that reforms are being shaped by two forces. National courts and human rights institutions are bypassing...
Judicial Transplantation as a Backdoor to Environmental Normative Integration in ASEAN
This paper argues that Southeast Asian judiciaries hold a backdoor key that would allow the incorporation of environmental norms in a region sensitive to international law intruding on domestic sovereignty. Although the level of receptiveness may vary, decisions and rules crafted by a select ASEAN judiciaries indicate a growing openness to applying environmental law principles...
The Rise of Regulatory State in ASEAN E-Commerce Market – Legislating Electronic Signatures in the Times of Commercial and Technological Innovations
E-commerce is redefining the landscape of ASEAN economy. Nevertheless, the prospect for a sustainable growth of ASEAN e-commerce would be dismal unless states maintain a clear and predictable legal framework for e-commerce. The primary focus of this research is electronic signature law, one of the most foundational areas in e-commerce legislation. The paper specifically selects...