Reassessing The Trade–Development Nexus In International Economic Law: The Paradigm Shift In Asia-Pacific Regionalism

Abstract: This article reassesses the trade–development nexus in international economic law and provides the first examination of the approach to realize the United Nations Sustainable Development Goals through regional integration. It argues that the emerging New Regional Economic Order in the multipolar system will fortify the coalition of developing countries in structuring the legalization of pro-development trade policy. For decades, the misconceived concept of special and differential treatment has ignored the reality of the North–South Grand Bargain and disconnected the World Trade Organization from its development objectives. The development crisis of the Doha Round requires a feasible “Plan B” for the Global South. By making interrelated theoretical and substantive claims, this article opens an inquiry into the assertive role of developing countries that prompted the paradigm shift in Asia–Pacific regionalism. The realist and dependency theories are utilized to decipher the geopolitical complexity of the rapidly evolving South–South free trade agreements. As a timely case study, the analysis is based on the creation of the Association of Southeast Asian Nations Economic Community and its implications for economic powers such as the United States and China. It provides an account of the bloc’s services trade-oriented development policy under the balance of power strategy. Finally, this article offers regulatory reform proposals on how to integrate development assistance and remove trade barriers. Transnational legal harmonization and human rights protection in line with international labor principles are also indispensable. Such reforms will strengthen the best practices for global regionalism and reinvigorate the trade–development connection in the multilateral trading system

Against Populist Isolationism: New Asian Regionalism and Global South Powers in International Economic Law

This Article provides the most up-to-date examination of the Regional Comprehensive Economic Partnership (RCEP), which is poised to become the world’s largest free trade agreement (FTA). It argues that the 16-country mega-FTA will galvanize the paradigm shift in Asian regionalism and build a normative foundation for the Global South in international economic law. Based on intertwined theoretical and substantive claims, this Article opens an inquiry into the assertive legalism of developing nations in the new regional economic order. It further manifests the pivotal force of emerging economies against populist isolationism in the Trump era that undermines the neoliberal foundation of global trade liberalization. By analyzing the converging policies of the Association of Southeast Asian Nations (ASEAN), China and India, the Article first demonstrates the status of the RCEP in Asian powers’ contemporary FTA practice. In light of the ASEAN Economic Community, the new 11-member Trans-Pacific Partnership and EU FTAs with Singapore and Vietnam, caution should be given to the utilization of tariff preferences, services liberalization and investorstate dispute settlement. Finally, the Article assesses the RCEP’s systemic impact on the legal fragmentation due to jurisdictional conflicts under trade and investment agreements. The consolidation of divergent trade rules and the pro-development operative mechanism will arguably fortify the RCEP as a pathway to the Free Trade Area of the Asia-Pacific region and reinvigorate the multilateral trading system

Against Populist Isolationism: New Asian Regionalism and Global South Powers in International Economic Law

This Article provides the most up-to-date examination of the Regional Comprehensive Economic Partnership (RCEP), which is poised to become the world’s largest free trade agreement (FTA). It argues that the 16-country mega-FTA will galvanize the paradigm shift in Asian regionalism and build a normative foundation for the Global South in international economic law. Based on intertwined theoretical and substantive claims, this Article opens an inquiry into the assertive legalism of developing nations in the new regional economic order. It further manifests the pivotal force of emerging economies against populist isolationism in the Trump era that undermines the neoliberal foundation of global trade liberalization. By analyzing the converging policies of the Association of Southeast Asian Nations (ASEAN), China and India, the Article first demonstrates the status of the RCEP in Asian powers’ contemporary FTA practice. In light of the ASEAN Economic Community, the new 11-member Trans-Pacific Partnership and EU FTAs with Singapore and Vietnam, caution should be given to the utilization of tariff preferences, services liberalization and investorstate dispute settlement. Finally, the Article assesses the RCEP’s systemic impact on the legal fragmentation due to jurisdictional conflicts under trade and investment agreements. The consolidation of divergent trade rules and the pro-development operative mechanism will arguably fortify the RCEP as a pathway to the Free Trade Area of the Asia-Pacific region and reinvigorate the multilateral trading system

Reassessing The Trade–Development Nexus In International Economic Law: The Paradigm Shift In Asia-Pacific Regionalism

Abstract: This article reassesses the trade–development nexus in international economic law and provides the first examination of the approach to realize the United Nations Sustainable Development Goals through regional integration. It argues that the emerging New Regional Economic Order in the multipolar system will fortify the coalition of developing countries in structuring the legalization of pro-development trade policy. For decades, the misconceived concept of special and differential treatment has ignored the reality of the North–South Grand Bargain and disconnected the World Trade Organization from its development objectives. The development crisis of the Doha Round requires a feasible “Plan B” for the Global South. By making interrelated theoretical and substantive claims, this article opens an inquiry into the assertive role of developing countries that prompted the paradigm shift in Asia–Pacific regionalism. The realist and dependency theories are utilized to decipher the geopolitical complexity of the rapidly evolving South–South free trade agreements. As a timely case study, the analysis is based on the creation of the Association of Southeast Asian Nations Economic Community and its implications for economic powers such as the United States and China. It provides an account of the bloc’s services trade-oriented development policy under the balance of power strategy. Finally, this article offers regulatory reform proposals on how to integrate development assistance and remove trade barriers. Transnational legal harmonization and human rights protection in line with international labor principles are also indispensable. Such reforms will strengthen the best practices for global regionalism and reinvigorate the trade–development connection in the multilateral trading system

Against populist isolationism: New Asian regionalism and global south powers in international economic law

This Article provides the most up-to-date examination of the Regional Comprehensive Economic Partnership (RCEP), which is poised to become the world’s largest free trade agreement (FTA). It argues that the 16-country mega-FTA will galvanize the paradigm shift in Asian regionalism and build a normative foundation for the Global South in international economic law. Based on intertwined theoretical and substantive claims, this Article opens an inquiry into the assertive legalism of developing nations in the new regional economic order. It further manifests the pivotal force of emerging economies against populist isolationism in the Trump era that undermines the neoliberal foundation of global trade liberalization. By analyzing the converging policies of the Association of Southeast Asian Nations (ASEAN), China and India, the Article first demonstrates the status of the RCEP in Asian powers’ contemporary FTA practice. In light of the ASEAN Economic Community, the new 11-member Trans-Pacific Partnership and EU FTAs with Singapore and Vietnam, caution should be given to the utilization of tariff preferences, services liberalization and investorstate dispute settlement. Finally, the Article assesses the RCEP’s systemic impact on the legal fragmentation due to jurisdictional conflicts under trade and investment agreements. The consolidation of divergent trade rules and the pro-development operative mechanism will arguably fortify the RCEP as a pathway to the Free Trade Area of the Asia-Pacific region and reinvigorate the multilateral trading system