scholarly journals Asean is in the Movement of Combating Corruption: Should New - Generation Ftas Be a Promising Forum for Anti-Corruption Enforcement of Asean in International Business?

2020 ◽  
Vol 3 (2) ◽  
pp. 98-114
Author(s):  
Hieu Le Ho Trung ◽  
Jennifer B. Verances ◽  
Hung Tran Van
Keyword(s):  
Free Trade ◽  
International Business ◽  
Free Trade Agreements ◽  
Trade Agreements ◽  
Legal Framework ◽  
Government Procurement ◽  
Member States ◽  
Asean Member ◽  
Asean Countries ◽  
New Generation

Abstract For a long time, corruption has been a shrilling concern for ASEAN member states for the reason of being one of the primary causes restricting the integration of these nations into international trade and efforts at globalization. In fact, over the last few years, ASEAN has undertaken a myriad of policies and improved the regional legal framework to combat corruption such as the signing of UNCAC and new free trade agreements and the establishment of the ASEAN Economic Community. Notwithstanding this, according to the statistics of global organizations, the levels of anti-corruption in ASEAN countries, except Singapore and Brunei, are relatively low. This mainly derives from the fact that the national legal framework in each of the member states has not satisfied fully when the political regime lacks democracy, governmental authority is insufficiently impartial and the awareness of citizens about corruption is still moderate. Simultaneously, the international agreements to which ASEAN member states signed are only the model for domestic enforcement mechanisms, and seem to be silent on international enforcement of anti-corruption. To date, the WTO is known as a global agency for international business, to which all ASEAN countries have acceded. Under the WTO, there is no official mechanism for enforcement of anti-corruption; nevertheless, this organization acknowledges, encourages and states indirectly this issue via transparency, accountability or governance in their agreements (Government Procurement Agreement and Trade Facilitation Agreement). Under the Doha negotiation round, WTO member states failed to gain consensus to dismantle tariffs, resulting in the emergence of a myriad of bilateral and regional trade agreements out of the scope of the WTO. These have gradually developed to be so-called new-generation free trade agreements in the hope of mitigating the traditional trade barriers as well as lessening non-tariff ones, such as governance and transparency. The recent development of new-generation FTAs between ASEAN and/or ASEAN member(s) and the external trading partners that pay high attention to anti-corruption issues, i.e., EU, Australia, Canada, Japan, US, may create a promising forum for anti-corruption enforcement of ASEAN in international business in the future. This article will elaborate on all aforementioned issues before a reasonable conclusion is delivered.

INTERNATIONAL LEGAL FRAMEWORK FOR THE FUNCTIONING OF MECHANISMS FOR RESOLVING TRADE DISPUTES IN THE CONTEXT OF THE EURASIAN ECONOMIC UNION

2021 ◽  
Vol 4 (5) ◽  
pp. 139-151
Author(s):  
K. I. ZHADAN ◽  
Keyword(s):  
Dispute Resolution ◽  
Free Trade ◽  
Free Trade Agreements ◽  
Trade Agreements ◽  
Legal Framework ◽  
Trade Disputes ◽  
Member States ◽  
Eurasian Economic Union ◽  
Economic Union ◽  
The Republic

The article examines an international legal framework of the dispute resolution under free trade agree-ments. The existing mechanisms for resolving trade disputes are analyzed and their classification is given. The article demonstrates an evolutionary change of the approach of States to the formulation of provisions on dispute settlement in international trade treaties. Special attention is paid to the systems of dispute resolution under free trade agreements to which the Eurasian Economic Union is a party. The free trade agreements of the Eurasian Economic Union and its member States with the Socialist Republic of Vietnam (2015), the Islamic Republic of Iran (2018), the Republic of Singapore (2019) and the Republic of Serbia (2019) are compared with respect to the dispute resolution mechanisms. The article focuses on such institutional aspects as the method of appointing arbitrators, the scope of interstate disputes and the competition of dispute resolution platforms. The effectiveness of the dispute resolution systems of the World Trade Organization and special-ized mechanisms under the free trade agreements of the Eurasian Economic Union and its member States is evaluated. The negative and positive aspects of the existing mechanisms under the free trade agreements of the Eurasian Economic Union and its member States are highlighted, and the ways of their development are proposed.

The Social Dimension in EU Free Trade Agreements: ASEAN Perspectives

2017 ◽  
Vol 25 (4) ◽  
pp. 532-549
Author(s):  
Hoang Ha Hai
Keyword(s):  
Free Trade ◽  
Free Trade Agreements ◽  
Economic Cost ◽  
Trade Agreements ◽  
Social Dimension ◽  
Cultural Backgrounds ◽  
Multilateral Environmental Agreements ◽  
Asean Countries ◽  
New Generation ◽  
The Eu

This article analyses the positions of ASEAN countries on provisions of environmental and social sustainability included in the EU free trade agreements (FTA). In the EU’s new generation FTAs with ASEAN countries, there has been a notable and systematic EU approach of linking international labour conventions and multilateral environmental agreements (MEAs) in its trade agreements, which reflects its ambition to play a significant role in ‘harnessing globalization’. However, during trade negotiations, contradictory positions between two sides originate from their different political, socio-economic and cultural backgrounds. When considering the developing countries’ objections to the issue from an ASEAN perspective, three main decisive points can be identified: the exclusive reliance on economic cost-related arguments, different perceptions of the trade-labour/environment nexus, and political and cultural-relativist arguments. Practical findings show that the EU faces resistance to this linkage from the ASEAN countries, which weakens its ability to promote universal social norms through trade.

scholarly journals Interaction with ASEAN in the Framework of the Greater Eurasian Partnership

2020 ◽  
pp. 40-49
Author(s):  
Nikolai V. Fedorov ◽  
Keyword(s):  
Free Trade ◽  
Free Trade Agreements ◽  
Trade Agreements ◽  
Strategic Partnership ◽  
Asia Pacific ◽  
Member States ◽  
Asean Member

: Cooperation with ASEAN is one of key elements of the initiative of the Greater Eurasian Partnership. There are some important preconditions for development of this interaction (the role of ASEAN in the Asia Pacific, the Russia – ASEAN strategic partnership, free trade agreements between the EAEU and ASEAN member-states). At the same time, despite some steps for expansion of cooperation with ASEAN in Eurasian format, now it’s possible to talk only about a preliminary period of involvement of ASEAN into the Greater Eurasian Partnership.

SINGAPORE AND ASEAN IN THE GLOBAL ECONOMY: The Case of Free Trade Agreements

Asian Survey ◽  
2003 ◽  
Vol 43 (6) ◽  
pp. 908-928 ◽  
Author(s):  
Teofilo C. Daquila ◽  
Le Huu Huy
Keyword(s):  
Trade Liberalization ◽  
Free Trade ◽  
Global Economy ◽  
Free Trade Agreements ◽  
Trade Agreements ◽  
Economic Community ◽  
Regional Trade ◽  
Slow Pace ◽  
Asean Countries ◽  
Asian Economic Community

Abstract Given the slow pace of global and regional trade liberalization initiatives, Singapore has forged free trade agreements for economic and strategic reasons. Other ASEAN countries and ASEAN itself have also become interested in establishing FTAs with countries outside the grouping. In the future, ASEAN could form an ASEAN or an East Asian Economic Community.

scholarly journals Free Trade Agreements: WTO and ASEAN Implications

2004 ◽  
Vol 20 ◽  
pp. 95-111
Author(s):  
Jose L. Tongzon
Keyword(s):  
Developing Countries ◽  
World Trade Organization ◽  
Free Trade ◽  
World Trade ◽  
Free Trade Agreements ◽  
Trade Agreements ◽  
Trade Negotiations ◽  
Multilateral Trade ◽  
The World ◽  
Asean Countries

The World Trade Organization (WTO) (formerly GATT) was established primarily to achieve free trade across the globe based on the principle of non-discrimination and the process of multilateral trade negotiations. The fact that most countries are members of WTO reflects the worldwide belief in the benefits of a global free trade. Despite its achievements since the first round of multilateral trade negotiations was held, the effectiveness of the process has been called into question. Most WTO members are now proposing new regional trading arrangements (RTAs), such as free trade agreements (FTAs). What implication does these RTAs have for the WTO and ASEAN countries? Should ASEAN countries give regionalism priority over the WTO-based multilateral approach? To answer this questions, this paper will first summarize the motivations behind the formation of RTAs before presenting the merits and demerits of RTAs as an approach to achieve universal free trade and maximize developing countries' welfare. It is argued that despite its inherent limitations it is important for ASEAN countries to remain primarily committed to the principles of WTO and the process of multilateral trade negotiations.

Die Kartellrechtsregelungen in den Freihandelsabkommen der Europäischen Union

2021 ◽  
Author(s):  
Sören Gerhard Räthling
Keyword(s):  
Central America ◽  
Free Trade ◽  
First Generation ◽  
Free Trade Agreements ◽  
Competition Law ◽  
Trade Agreements ◽  
Southern Mediterranean ◽  
New Generation ◽  
Former Soviet Republics ◽  
The Eu

The competition law provisions in the free trade agreements of the EU are compared, analyzed and evaluated in the context of the internationalization of competition law and the approaches of the states to deal with this. A proposal for optimization and an epilogue on "Brexit" complete the analysis. The analysis focuses on the so-called "new generation" free trade agreements with Ecuador/Columbia/Peru, Japan, Canada, Singapore, South Korea, Vietnam and Central America, comparing them with the agreements with (potential) EU accessi-on candidates, states of the southern Mediterranean and former Soviet republics as well as the "first generation" free trade agreements of the EU.

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