Law Arbitration / Mediation / Litigation

Regional Economic Integration and Dispute Settlement in East Asia The Evolving Legal Framework

By Anna G. Tevini
Hart Publishing June 2018

Specifications

ISBN-13
9781849465830
Publisher
Hart Publishing
Publication
June 2018
Format
Hardback
Jurisdiction
Asia ? Countri(es) for reference only

Details

The accession of the People's Republic of China to the World Trade Organization (WTO) in 2001 significantly transformed global economic relations both de facto and de jure. At the regional level, China's WTO accession served as a catalyst for the juridification of economic relations in East Asia based on Regional Trade and Investment Agreements (RTAs). This was a novel development for the region, since East Asian states had previously followed a largely informal, market-based approach to regional economic integration, essentially limiting rules-based economic integration to the global level based on the "most favoured nation principle" under the GATT/WTO framework.

This book systematically analyses and explains the development, nature, and challenges of rules-based regional economic integration in East Asia with a focus on the first four East Asian RTAs, which involve the members of the Association of Southeast Asian Nations (ASEAN), China, Japan, Singapore and the Hong Kong SAR. While also addressing socio-economic, historical, and political factors, the book's primary focus are the legal institutions now shaping East Asian regional economic integration.

At its core, the book provides a systematic, comparative account of the scope, depth and (hard law vs soft law) quality of rules-based economic integration achieved in AFTA, ACFTA, JSEPA and CEPA in the areas of the trade in goods and services, investment liberalization and protection and labor movement, as well as dispute settlement.

Table of Contents

1. INTERNATIONAL ECONOMIC INTEGRATION: THEORETICAL FOUNDATIONS
I. Introduction
II. Defining International Economic Integration
III. Promoting International Economic Integration Through Law
IV. Economic Integration Through the WTO
V. Economic Integration Through Regional Trade Agreements
VI. The Multilateral Framework for Regional Trade Agreements
VII. Summary
2. ECONOMIC INTEGRATION IN EAST ASIA—ORIGINS, DEVELOPMENTS AND PROSPECTS
I. Introduction
II. East Asia—Definition and Characteristics
III. Dominance of Market-led Integration and Economic Cooperation in East Asia in the Twentieth Century
IV. First Experiences of East Asian Countries with Limited RTAs
V. Rapid Surge of RTAs in East Asia in the Twenty-first Century
VI. Summary
3. THE LEGALISATION OF TRADE AND INVESTMENT RELATIONS IN ASEAN, ACFTA, JSEPA AND CEPA
I. Introduction and Objectives
II. Background Information
III. The Legal Framework for Economic Integration—Goods, Services, Investment and Labour
IV. The Legal Framework for Dispute Settlement
V. Comparing and Evaluating Levels of Legalisation
VI. Summary
4. EAST ASIAN RTAS—SIGNIFICANCE AND CHALLENGES FOR THE REGION AND BEYOND
I. Introduction
II. The Significance of RTAs for East Asia
III. RTA Challenges for East Asia: Managing East Asia’s ‘Noodle Bowl’
IV. The Global Significance of East Asian RTAs
V. Summary
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