Promoting Compliance: The Role of Dispute Settlement and Monitoring Mechanisms in ASEAN Instruments

Robert Beckman · Leonardo Bernard · Hao Duy Phan · Tan Hsien-Li · Ranyta Yusran

May 2016 · Integration through Law The Role of Law and the Rule of Law in ASEAN Integration Book 12 · Cambridge University Press

About this ebook

The reputation and achievement of the ASEAN Community hinges on compliance. This seminal book discusses whether ASEAN's faith in dispute settlement and monitoring mechanisms as a means to better compliance is justified and delves into the extent to which they can facilitate ASEAN Community building. It provides the first comprehensive and systematic analysis of ASEAN's compliance with its instruments, and enables readers to see ASEAN as an organisation increasingly based on law and institutions. Readers will also learn how ASEAN balances a thin line between law and institutions on the one hand and diplomacy and realism on the other. Scholars of adjudicatory mechanisms will find this book a fascinating addition to the literature available, and it will serve as a 'go-to' reference for ASEAN state agencies. The book will also interest academics and practitioners working on comparative and cross-disciplinary studies of dispute settlement, monitoring mechanisms, compliance, and international and regional organisations.

About the author

Professor Robert Beckman is the Director of the Centre for International Law (CIL), National University of Singapore (NUS). He is also an Associate Professor at the NUS Faculty of Law, where he has taught for more than 36 years. He is a member of the Governing Board and a lecturer at the Rhodes Academy of Oceans Law and Policy. Professor Beckman is an expert on issues of law of the sea.

Leonardo Bernard is a Research Fellow at the Centre for International Law (CIL), National University of Singapore (NUS), with research interests in ocean law, ASEAN, dispute resolution, and general public international law. Prior to joining CIL, he worked for one of the largest law firms in Singapore. Leonardo was among the four panellists who received the 2012 Law of the Sea Institute (LOSI) Research Competition Award for Early Career Researchers.

Dr Hao Duy Phan is Senior Research Fellow at the Centre for International Law (CIL), National University of Singapore (NUS). Prior to joining CIL, he worked as Assistant Director General of the Department of International Law and Treaties, Ministry of Foreign Affairs of Vietnam, and was a Visiting Fellow at the East-West Center in Washington DC, and the Institute of Southeast Asian Studies in Singapore.

Dr Tan Hsien-Li is Senior Research Fellow and Executive Director of the ASEAN Integration through Law (ASEAN ITL) Project at the Centre for International Law (CIL), National University of Singapore (NUS). She is currently a Visiting Fellow at the European University Institute. Dr Tan works on the role of law and the rule of law in ASEAN integration, public international law (particularly institution-building and norm-creation), human rights, and peace and security.

Ranyta Yusran is a Research Fellow at the Centre for International Law (CIL), National University of Singapore (NUS). Her research interests at CIL include Treaty Law and Practice, ASEAN Law and Policy and International Dispute Settlement. Prior to joining CIL, Ranyta worked as a consultant and development planner at the Directorate of Law and Human Rights of the Ministry of National Development Planning in Indonesia.