Legalization of international economic relations: is Asia unique?

Hamanaka Shintaro

No 681, IDE Discussion Papers from Institute of Developing Economies, Japan External Trade Organization(JETRO)

Abstract: The concept of “legalization” developed by international relations theorists in the early 2000s seems to be very useful in analyzing the development of international laws. Legalization is a particular form of institutionalization characterized by three aspects: obligation, precision, and delegation. While earlier studies tend to simply argue that Asian institutions are less legalized than their Western counterparts, such a simplistic argument may need some revisions. Because there are already many bilateral and regional agreements in Asia that attempt to facilitate economic integration, it is very timely to re-examine the state of play of legalization of Asian economic relations. There is a possibility that Asian institutions are now legalized in terms of one or two aspects of legalization, but not all.

Keywords: Legalization; International economic law; ASEAN way; Asian regionalism; Free Trade Agreement (FTA); Dispute Settlement Mechanism (DSM); Asia; International economic relations; International economic integration; International trade (search for similar items in EconPapers)
JEL-codes: F15 F53 F55 (search for similar items in EconPapers)
Date: 2017-12
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Published in IDE Discussion Paper = IDE Discussion Paper, No. 681. 2017-12

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