University Of Bengkulu Law Journal
Vol 3, No 2 (2018): OCTOBER

LEGAL HARMONIZATION IN ASEAN ECONOMIC COMMUNITIES (LOOKING FOR THE BEST LEGAL HARMONIZATION MODEL)

Candra Irawan (Faculty of Law University of Bengkulu, Indonesia)



Article Info

Publish Date
25 Oct 2018

Abstract

ASEAN countries need to be encouraged to make responsive, effective, efficient, non-discriminatory, and pro-competition regulations that are adjusted AEC Blueprint 2025. This means that each ASEAN country needs to harmonize regulations so that the rules that apply in each national territory do not conflict with each other and in line with AEC Blueprint 2025. There is no clear regulation system in force in ASEAN, nor is the legal harmonization mechanism and binding power of the AEC. Questions that should be asked, is the legal basis for the implementation of AEC Blueprint 2025 deliberately based on international agreements only (intergovernmental, soft law) and not upgraded to legal force (primacy principles, hard law)? The most important thing is that there is a shared awareness to build the ASEAN region's economy more productive, advanced and shared prosperity. The commitment is not enough just to use soft law approach, but must be followed by hard law approach (primacy principles). ASEAN leaders should hold talks and seek agreement to implement the principle of supranational (primacy principles) that the implementation of the AEC Blueprint 2025 be adhered to by all member states.

Copyrights © 2018






Journal Info

Abbrev

ubelaj

Publisher

Subject

Law, Crime, Criminology & Criminal Justice

Description

UBELAJ (University of Bengkulu Law Journal) aims to provide a venue for academicians, researchers and practitioners for publishing the original research articles or review articles. The scope of the articles published in this journal deal with a broad range of topics in the fields of Criminal Law, ...