• The Southeast Asian review
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• v.28 no.2
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• pp.119-145
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• 2018

Celebrating its $50^{th}$ anniversary in 2017, the leaders of ASEAN member sates have adopted a series of declarations and action plans for enhancing its institutional capability and functional cooperation. ASEAN's convening power is expected to underpin its centrality and resilience. Meanwhile, ASEAN's retreat from democracy has increasingly become a hindrance for its further development. This article reviews the process of ASEAN's community building and its external relations. First, it argues that there is increasing concerns over ASEAN's limited capability in dealing with regional issues mainly caused by the deprivation of human rights and the democracy in crisis. Second, this article considers the dynamics of ASEAN's external relations mainly focusing on its relations with China, the United States, and South Korea. The South China Sea issue and China's increasing economic influence in the region have contributed to the complexity of ASEAN-China relations. The ASEAN's responses to the shift in American foreign policy under the Trump administration posits the unity of ASEAN. The New Southern Policy initiated by South Korean President, Moon Jae-in appears to be a new focal point of Korea-ASEAN relations despite considerable challenges, which requires to maintain ASEAN centrality.

• SUVANNABHUMI
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• v.11 no.2
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• pp.159-186
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• 2019

Southeast Asia accounts for nearly a tenth of total worldwide cross-border movements of migrant workers. Cambodia, Indonesia, Laos, Myanmar, and Philippines make up the sending countries while Malaysia, Singapore, and Thailand are the major destinations. Migrant worker movements are predominantly in production process and low- to medium-skilled sectors. It is not unusual for irregular or undocumented movements to take place. In not a few instances, migrants work under harsh and exploitative conditions. In recent years, however, ASEAN has taken steps to manage labor migration at the regional level. The paper argues that ASEAN has not managed these cross-border labor flows as well as it should particularly in terms of protecting and promoting the human rights of migrants. It will be difficult to establish the genuine building blocks for a regional human rights mechanism unless there is a diffusion of alternative universal norms and standards to what ASEAN already embodies. As long as states resist any attempt to weaken or question or deligitimize their capacity to determine who gets to enter, stay, and leave their jurisdictions, it will be difficult to establish an effective migrant rights framework for the region.

• The Journal of Asian Finance, Economics and Business
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• v.5 no.2
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• pp.63-72
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• 2018

Researches based on the pattern of planned behavior holds that the three variables of entrepreneurial attitudes, subjective norms, and perceived behavior control influence each other and influence entrepreneurial intentions respectively. However, there are also different, even conflicting research conclusions that continue to emerge. Researches based on the pattern of alertness, believe that profit opportunities and individuals' pursuit to truth are the driving forces. Many scholars have demonstrated the impact of individual entrepreneurial alertness on entrepreneurial intentions. However, as an exogenous causal agent, profit opportunities have a logical problem: if there are no other assumptions, the mere existence of opportunities does not adequately explain entrepreneurial alertness. To address this gap, this study considered samples from mainland China, where entrepreneurial activities are very active currently, to test the role that entrepreneurial alertness is assumed to play in the planned behavior model. The results show that the three dimensions of alertness, individually partly intermediate the influence of entrepreneurial attitude on entrepreneurial intention, the influence of subjective norms on entrepreneurial intention, and that of perceived behavior control on entrepreneurial intention. This article studied the production of entrepreneurial intention by integrating the two patterns of planned behavior and alertness through empirical analysis, and opened up a new field for subsequent research on entrepreneurial intention.

• SUVANNABHUMI
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• v.15 no.1
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• pp.229-254
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• 2023

This study observes the language attitude and maintenance of the border community in Telok Melano, Lundu (Sarawak, Malaysia) and Desa Temajuk, Sambas (West Kalimantan, Indonesia). The main objective of this study is to study the language attitudes of two cross-border community who shares the socio-cultural, language, and economic realms. The research data is collected qualitatively through conversation recordings, face-to-face interviews, and participant observations. In this preliminary study, twelve informants (six from Telok Melano and six from Desa Temajuk) were chosen based on the quota sampling method. The questions for the interview were set according to three characteristics of language choice proposed by Garvin and Mathiot (1968), namely language loyalty, language pride, and the awareness of norms. The result of this study indicates that language loyalty, language pride, and awareness of the norms towards the speakers' mother tongue and national language are relatively high. In terms of identity maintenance issues, this study found that the community in Telok Melano (Sarawak), originally identify themselves as "Sambas Malays," shifted to "Sarawak Malays" after the formation of Malaysia in 1963. This preliminary study serves as a basis for further research particularly on the complexity of issues concerned with the border communities in the Southwest of Sarawak.

• The Southeast Asian review
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• v.27 no.3
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• pp.93-135
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• 2017

Due to their geographic proximity to Beijing, the Southeast Asian states under the fallout of the China's growing power are struggling to seek the art of diplomacy to promote their national interests. This study explores why Cambodia previously taking a pro-US strategy after the end of the Cold War has switched to a pro-China one in the context of the rise of G-2 system, the ASEAN regionalism, the country's national interest and Hun Sen's regime legitimation. Theoretically, this study takes a realist constructivist approach and tries to find how realist interests and norms have affected the Hun Sen's regime legitimation. The relationship between China and Cambodia has been deepened by mutual economic interdependence and increasingly stronger Chinese power. Especially, the Chinese massive economic aids and investment have enormously supported the regime legitimation of Hun Sen. On the other hand, The US value diplomacy promoting democracy and human rights has undermined the Hun Sen's legitimacy and strained the two nations' relationship. However, the Hun Sen's pro-China strategy is not to check and balance against US strategic interests and not to recognize the Chinese hegemonic position in Southeast Asia. It is a hedging against the US value diplomacy while maximizing economic and other gains from China. ASEAN has been playing a coordinating role to limit the scope of power politics among big powers and to mitigate its ramifications. Yet, since the US and Chinese interests are so keenly criss-crossing, Cambodia may continue to react to the G-2 system through bilateral relations with them.

• Journal of Arbitration Studies
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• v.17 no.1
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• pp.3-32
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• 2007

This age is called the age of global trade, and the World Trade Organization is a forerunner in promoting the global free trade through multilateral negotiations as the global level. On the other hand, regional economic cooperation such as North American Free Trade Agreement(NAFTA) is appearing, saying that promotion by WTO takes too much time. As is known to everybody, Europe is on the way of integrating member states through EU not to mention economic cooperation. Even in Asia such tendency is shown through ASEAN, Korea, China and Japan in Northeast Asia share geographical proximity, many common historical experiences, and similar cultural norms and values although they have disparities in stages of development, trade and economic policies, and financial and legal frameworks. Under the situation, efforts have been made between three countries of Korea, China and Japan for the conclusion of investment agreements including FTA. If the conclusion of the FTA between the three countries would be realized, it would promote regional trade and investment, contributing to economic growth in the Northeast Asian region. The writer in this paper reviewed the settlement of private commercial dispute including investment dispute arising from the FTA and investment agreements. The investment dispute is quite different from an ordinary commercial dispute arising from commercial transactions in view of disputing parties, applicable laws and rules, etc. Therefore it is a problem of vital importance that the parties interested in investment under the FTA as well as the relevant investment agreement should understand and cope with the settlement mechanism of investment disputes arising therefrom. The ICSID Convention provides facilities for the conciliation and arbitration of disputes between member countries and investors who qualify as nationals of other member countries. All contracting states of the ICSID Convention are required by the Convention to recognize and enforce the ICSID arbitral awards. The New York Convention(formally called "United Nations Convention on the Recognition and Enforcement of Foreign Arbitral Awards") is also applicable for the enforcement of arbitral awards to be rendered under the FTA. As to applicable rules, the UNCITRAL Arbitration Rules may be required for the settlement of investment disputes under the FTA. This Rules has adopted by the internationally recognized arbitral organizations although it was developed primarily for use in ad hoc arbitration. The promotion of arbitral cooperation may be realized through agreements between arbitral institutions. Especially under the NAPTA system, a central common system was established to resolve jointly private commercial disputes arising from such free trades by the initiative of arbitral organizations among the member countries. It is called Commercial Arbitration and Mediation Center for the Americas(CAMCA), which may be a good example for the settlement promotion of the private commercial disputes between Korea and other relevant countries.