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From Treaty-Making to Treaty-Breaking
Models for ASEAN External Trade Agreements

$62.00 (P)

Part of Integration through Law:The Role of Law and the Rule of Law in ASEAN Integration

  • Date Published: April 2015
  • availability: Available
  • format: Paperback
  • isbn: 9781107500235

$ 62.00 (P)
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About the Authors
  • From Treaty-Making to Treaty-Breaking is the first high-level analysis of ASEAN's external trade agreements with non-ASEAN states. It clearly sets out the intended, and unintended, consequences of ASEAN's prevailing method of treaty making, with suggested guidelines for the future. The book begins by asking whether ASEAN trade agreements follow worldwide trends in the substantive content of such agreements. It raises questions such as: to what extent is it possible to continue concluding trade agreements through individual member states?; what are the legal consequences - from negotiation and conclusion (treaty-making) through to possible breach of the agreements (treaty-breaking)?; should ASEAN resort to mixed treaty-making? This study does not seek to give a definitive answer to these questions, rather it opens up the topic to readers by suggesting different possible models for ASEAN trade agreements. This thought-provoking book will appeal to anyone interested in trade negotiations and trade agreements, particularly in Asia.

    • Demonstrates the different methods by which ASEAN and its member states have concluded, and how they could better conclude, trade agreements with non-member states: provides a framework of analysis useful to academic researchers and practitioners who examine treaty models
    • Links the ASEAN practice of concluding external trade agreements to the practice of other nations and of the EU: particularly valuable to academic researchers and practitioners engaged in the comparative study of regional treaty-making practices
    • Presents different models and examines the impacts of each model, with clear guidelines for the future: reviews the substance (content of the agreement), form (single, bundled or mixed agreements), and the rules for dispute settlement for each model
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    Product details

    • Date Published: April 2015
    • format: Paperback
    • isbn: 9781107500235
    • length: 264 pages
    • dimensions: 216 x 140 x 18 mm
    • weight: 0.41kg
    • availability: Available
  • Table of Contents

    General editors' preface
    List of abbreviations
    1. Introduction
    2. Substantive components of an ASEAN trade agreement from an external perspective
    3. Moving forward: different institutional models for ASEAN's external trade agreements
    4. The rules on dispute settlement in agreements between ASEAN member states and third states: a critical inventory
    5. From treaty-making to treaty-breaking
    Appendices
    Bibliography
    Index.

  • Authors

    Pieter Jan Kuijper, Universiteit van Amsterdam
    Pieter Jan Kuijper is Professor of the Law of International Organizations in the Amsterdam Centre of International Law (ACIL), University of Amsterdam. He previously worked for the European Commission, most recently as Principal Legal Advisor and Director of the External Relations and Trade Law team of the Commission Legal Service. He has also been Director of the Legal Affairs Division of the WTO Secretariat (1999–2002). His publications have concentrated on EU law, WTO law and general international law and the relationship between them.

    James H. Mathis, Universiteit van Amsterdam
    James H. Mathis is an associate professor in the Department of International Law and research fellow in the Amsterdam Center for International Law (ACIL), University of Amsterdam. His research interests include international trade law and the WTO, domestic regulation issues in regional trade agreements, transatlantic trade issues, and regional/international competition policies. James is the managing editor of Legal Issues of Economic Integration, serves on the advisory board for the Trade Law Centre of Southern Africa (TRALAC), and is an occasional advisor on trade and competition issues for UNCTAD, Geneva.

    Natalie Y. Morris-Sharma, Attorney General’s Chambers, Singapore
    Natalie Y. Morris-Sharma is Counsellor (Legal) at the Permanent Mission of the Republic of Singapore to the UN in New York, and Deputy Senior State Counsel with the International Affairs Division of Singapore's Attorney-General's Chambers. Natalie is Singapore's representative on the Sixth Committee, which is the primary forum for the consideration of legal questions in the UN General Assembly. She also advises the Government of Singapore on public international law issues, including regional trade and investment agreements involving ASEAN and EU.

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