The Asia-Pacific region offers an example of low legalization of regional institutions and perhaps an explicit aversion to legalization. An examination of three key regional institutions--ASEAN (Association of Southeast Asian Nations), APEC (Asia-Pacific Economic Cooperation), and the ARF (ASEAN Regional Forum)--confirms a regional process of institution building without legalization. Recent developments in these institutions permit some discrimination among competing explanations for low legalization. On the one hand, ASEAN has embraced a legalized dispute-settlement mechanism; Asian governments have also employed legalized global institutions. On the other hand, the ARF and APEC continue to resist clear-cut legal obligations and third-party dispute resolution. This pattern suggests that legalization is best viewed as driven by the demands of economic integration and as a strategic response by governments in particular institutional settings. These explanations undermine alternatives based on domestic legal culture and uniformly high sovereignty costs. The Asian economic crisis has reopened a debate over regional institutions, which may fix on legalization as part of a new regional institutional design. Copyright 2000 by MIT Press.
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Volume (Year): 54 (2000) Issue (Month): 3 (Summer) Pages: 549-71 Download reference. The following formats are available: HTML
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Handle: RePEc:tpr:intorg:v:54:y:2000:i:3:p:549-71
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