From Treaty-Making to Treaty-Breaking

Models for ASEAN External Trade Agreements

Pieter Jan Kuijper, James H. Mathis, Natalie Y. Morris-Sharma

• Publisher: Cambridge University Press
• Year: 2015
• Print ISBN: 9781107500235
• eBook ISBN: 9781316311165
• Topic: Law
• Subtopic: International Law
• Index: Law

From Treaty-Making to Treaty-Breaking is the first high-level analysis of ASEAN's external trade agreements with non-ASEAN states. It clearly sets out the intended, and unintended, consequences of ASEAN's prevailing method of treaty making, with suggested guidelines for the future. The book begins by asking whether ASEAN trade agreements follow worldwide trends in the substantive content of such agreements. It raises questions such as: to what extent is it possible to continue concluding trade agreements through individual member states?; what are the legal consequences - from negotiation and conclusion (treaty-making) through to possible breach of the agreements (treaty-breaking)?; should ASEAN resort to mixed treaty-making? This study does not seek to give a definitive answer to these questions, rather it opens up the topic to readers by suggesting different possible models for ASEAN trade agreements. This thought-provoking book will appeal to anyone interested in trade negotiations and trade agreements, particularly in Asia.

Table of contents

• Cover
• Half-title page
• Series page
• Title page
• Copyright page
• Contents
• General editors’ preface
• Abbreviations
• Chapter 1 Introduction
• Chapter 2 Substantive components of an ASEAN trade agreement from an external perspective
• Chapter 3 Moving forward: different institutional models for ASEAN’s external trade agreements
• Chapter 4 The rules on dispute settlement in agreements between ASEAN member states and third states: a critical inventory
• Chapter 5 From treaty-making to treaty-breaking
• Executive summary
• Appendices
• Bibliography
• Index