From Community to Compliance?

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

Book 2
Cambridge University Press
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In the past decade, the Association of Southeast Asian Nations (ASEAN) has transformed from a periodic meeting of ministers to setting ambitious goals of becoming a Community by 2015. ASEAN is now the most important regional organisation in the history of the continent of Asia. An important tension in this transformation is the question of whether the 'ASEAN way' - defined by consultation and consensus, rather than enforceable obligations - is consistent with the establishment of a community governed by law. This book examines the growing interest in following through on international commitments, in particular monitoring implementation and compliance. Key barriers remain, in particular the lack of resources and ongoing resistance to accepting binding obligations. It remains to be seen whether these trends herald a more measured approach to decision-making in ASEAN. Written for practitioners and researchers alike, this important book provides the first systematic survey of monitoring within ASEAN.
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About the author

Simon Chesterman is Dean of the National University of Singapore Faculty of Law, Editor of the Asian Journal of International Law, and Secretary-General of the Asian Society of International Law. His work has opened up new areas of research on conceptions of public authority, including the rules and institutions of global governance, state-building and post-conflict reconstruction, and the changing role of intelligence agencies. This is his fourteenth book.

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Additional Information

Publisher
Cambridge University Press
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Published on
Apr 16, 2015
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Pages
197
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ISBN
9781316195796
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Language
English
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Genres
Law / International
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Content Protection
This content is DRM protected.
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What limits, if any, should be placed on a government's efforts to spy on its citizens in the interests of national security? Spying on foreigners has long been regarded as an unseemly but necessary enterprise. Spying on one's own citizens in a democracy, by contrast, has historically been subject to various forms of legal and political restraint. For most of the twentieth century these regimes were kept distinct. That position is no longer tenable. Modern threats do not respect national borders. Changes in technology make it impractical to distinguish between 'foreign' and 'local' communications. And our culture is progressively reducing the sphere of activity that citizens can reasonably expect to be kept from government eyes. The main casualty of this transformed environment will be privacy. Recent battles over privacy have been dominated by fights over warrantless electronic surveillance or CCTV; the coming years will see debates over data-mining and biometric identification. There will be protests and lawsuits, editorials and elections resisting these attacks on privacy. Those battles are worthy. But they will all be lost. Modern threats increasingly require that governments collect such information, governments are increasingly able to collect it, and citizens increasingly accept that they will collect it. The point of this book is to shift focus away from questions of whether governments should collect information and onto more problematic and relevant questions concerning its use. By reframing the relationship between privacy and security in the language of a social contract, mediated by a citizenry who are active participants rather than passive targets, the book offers a framework to defend freedom without sacrificing liberty.
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