Theoretical Perspectives on ASEAN and Consumer Law Developments

This paper asks foundational questions about what ASEAN is, and whether or not it is capable of operating as an effective regional grouping or entity. The paper explores these questions through the lenses of various theoretical frameworks, including: new regionalism; whether the dynamics of reciprocity can act as an effective substitute for the lack of formal compliance mechanisms for ASEAN member inter-regional agreements; collective action and the free-rider effect; social network theory; and transgovernmentalism’The paper also explores the rules or norms of the so-called ‘ASEAN Way’, and the historical ‘capability-legitimacy gap’. It also considers comparisons with EU regional structuring.A number of ASEAN member nations surround the South China Sea, which is becoming the site for competitive claims for its resources and access to its sea-lanes. In this context, the role and purpose of ASEAN itself is becoming of increasing interest and focus. In this regard, the reflections and analyses of this paper offer a contribution to our understandings of ASEAN and its capabilities