Theoretical Perspectives on ASEAN and Consumer Law Developments

Chapter 2, from L Nottage, J Malbon, J Paterson and C Beaton-Wells "ASEAN Consumer Law Harmonisation and Cooperation: Achievements and Challenges" (Cambridge University Press, 2019).

28 Pages Posted: 17 Sep 2020

See all articles by Justin Malbon

Justin Malbon

Griffith University Law School

Luke R. Nottage

The University of Sydney - Faculty of Law; The University of Sydney - Australian Network for Japanese Law; University of Wollongong

Date Written: 2019

Abstract

This paper asks foundational questions about what ASEAN is, and whether or not it is capable of operating as an effective regional grouping or entity. The paper explores these questions through the lenses of various theoretical frameworks, including: new regionalism; whether the dynamics of reciprocity can act as an effective substitute for the lack of formal compliance mechanisms for ASEAN member inter-regional agreements; collective action and the free-rider effect; social network theory; and transgovernmentalism’

The paper also explores the rules or norms of the so-called ‘ASEAN Way’, and the historical ‘capability-legitimacy gap’. It also considers comparisons with EU regional structuring.

A number of ASEAN member nations surround the South China Sea, which is becoming the site for competitive claims for its resources and access to its sea-lanes. In this context, the role and purpose of ASEAN itself is becoming of increasing interest and focus. In this regard, the reflections and analyses of this paper offer a contribution to our understandings of ASEAN and its capabilities.

Keywords: ASEAN, the ASEAN way, comparative law, new regionalism, reciprocity, game theory, collective action, free-rider effect, social network theory, transgovernmentalism, legal transplants

JEL Classification: K10, K30

Suggested Citation

Malbon, Justin E. and Nottage, Luke R., Theoretical Perspectives on ASEAN and Consumer Law Developments (2019). Chapter 2, from L Nottage, J Malbon, J Paterson and C Beaton-Wells "ASEAN Consumer Law Harmonisation and Cooperation: Achievements and Challenges" (Cambridge University Press, 2019)., Available at SSRN: https://ssrn.com/abstract=3662008

Justin E. Malbon (Contact Author)

Griffith University Law School ( email )

Nathan Campus, GU
Nathan 4111
Australia
0417717060 (Phone)

Luke R. Nottage

The University of Sydney - Faculty of Law ( email )

New Law Building, F10
The University of Sydney
Sydney, NSW 2006
Australia

The University of Sydney - Australian Network for Japanese Law

Room 640, Building F10, Eastern Avenue
Sydney, NSW 2006
Australia

University of Wollongong ( email )

Northfields Avenue
Wollongong, New South Wales 2522
Australia

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