An interdisciplinary work that comparatively studies rule of law practices and the relationship between the rule of law and regional integration, a topic largely explored in European integration. By looking at the function of the rule of law in ASEAN rather than what it 'means' measured on normative conception, the book situates the rule of law in broader institutional and political processes in the member states and in regional relations to show the motivations of member states in adopting a peculiar type of regional architecture. It asks whether forging the rule of law in the region can help build it internally for member states. The book revisits discourses on the 'spill-over' of economic integration, the impact of globalization in reshaping the state and generating new tools of the rule of law. It makes a comprehensive comparison - the European Union, Africa Union and MERCOSUR - showing the uneven pathways to rule of law in various contexts.
Imelda Deinla is a Research Fellow at the School of Regulation and Global Governance (RegNet) at the College of Asia and the Pacific, Australian National University, Canberra. She completed her undergraduate political science and law degrees from the University of the Philippines and postgraduate studies at the University of New South Wales, Australia. She is also the Project Director of the Philippines Project at the Australian National University, Canberra, which focuses on research and policy engagement on Philippine politics, economics and trade. Her research interests are law and society, legal pluralism, conflict and peacebuilding.
1. From ASEAN way to the ASEAN Charter: towards the rule of law?; 2. Conceiving the rule of law in ASEAN integration; 3. Beyond supranationalism: the European Union as inspiration for ASEAN integration; 4. Limiting sovereignty and the limits of judicial authority in regional integration; 5. Rule of law or rule through law in Southeast Asia; 6. ASEAN community and building the law regime in ASEAN; 7. Soft regulation and informal rule making in the AEC; 8. Conclusion: in search of the rule of law in ASEAN.