The Future of Informalism in the Economic Integration of ASEAN

Abstract

This paper examines the doctrine of informalism, its place in the field of jurisprudence and why it influences the international legal system of ASEAN. It analyses the problems associated with the development of ASEAN’s international legal system in the context of trade liberalization. It then seeks to answer the question of how ASEAN may enhance trade liberalization through innovations in its legal system and what aspects of an informal legal system may be maintained within a hard-law framework. It does this by analyzing rule-observance in soft law as well as analyzing some examples of flexibility-enabling mechanisms. The paper recommends how instances of legal informalism may be maintained within ASEAN as it seeks to further trade liberalization between its members.