Law and Policy: A Useful Model for ASEAN?

Abstract

It is widely accepted that the evolution of the European Union (EU) from an economic community to a supranational, multifaceted union with a global reach is a historically unique, unprecedented phenomenon. Given these characteristics, the question arises of whether the EU processes and resulting policies and laws offer themselves as a model of regional integration for others to emulate. Arguably, the EU model is worth careful examination precisely because of its pioneering development and its capacity to bring within its remit, through the unanimous political will of its member states, policies and law traditionally reserved primarily for nation-states. This is also the case with human rights, which evolved from being case-law based to being included in the EU Treaty and to being further enhanced by the Charter of Fundamental Rights. This development demonstrates that the pursuit of the original economic objectives led the EU, gradually but surely, to recognize explicitly, at treaty level, the rights and freedoms demanded by an advanced transnational market and society.