Economic cooperation is increasingly becoming dominated by rules-based
international frameworks. A legal framework provides rules for relations among
members of the community and a mechanism for settling disputes that arise among
parties over the rules.
The member states of The Association of Southeast Asian Nations (ASEAN) have
been moving slowly towards developing a regional legal framework for economic
cooperation among the member states of ASEAN. This thesis examines the various
steps which have been taken towards economic cooperation in the region and,
examines them in the context of the evolving legal framework for economic
cooperation in ASEAN.
The thesis reviews the development of agreements which form the rules for
economic cooperation within the region including the rules which are evolving under
the Framework Agreement on Enhancing ASEAN Economic Cooperation. As
disputes will inevitably arise in any relationship, one of the elements of any legal
system is to provide a means for settling these disputes. The paper therefore
examines the various mechanisms for dispute resolution available in intra-ASEAN
,
economic relations and the role they play in the evolving legal framework for
economic cooperation.
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In international law a hierarchy of legal frameworks exists, and regional frameworks
must accord with broader, multilateral frameworks of which participants are also
members. An examination is therefore made of how ASEAN fits within the existing
multilateral international legal framework for trade and investment.
As well, the thesis also examines the role played in the emerging legal framework
for economic cooperation by "Growth Triangles" (sub-regional economic
cooperation) in ASEAN, -and the movements towards broader economic cooperation
in the larger region, namely, the proposals for an East Asian Economic Caucus
(EAEC) and for the Asian Pacific Economic Cooperation (APEC) forum.