University of Name: Comparative Analysis of EU and ASEAN Trade Blocks

This report undertakes a comprehensive comparative analysis of the European Union (EU) and the Association of Southeast Asian Nations (ASEAN). It begins with an introduction to both trade blocs, detailing their historical formation, objectives, and organizational structures. The EU's evolution from the European Economic Community to its current form is discussed, highlighting key treaties and legal frameworks. Similarly, the report explores the creation and development of ASEAN, emphasizing its goals of economic growth, regional peace, and cooperation. A core element of the report involves a comparative analysis of the legal implications of both trade blocs, examining their governance, legislative processes, and the extent of integration achieved. The report also critically evaluates the levels of integration in both blocs, pointing out barriers to achieving a single market similar to the EU. Finally, it offers insights into dispute resolution mechanisms and concludes by summarizing the key findings of the comparative analysis. The report uses various legal cases to support its arguments and analysis.

Running head: ADVANCED LEGAL SYSTEMS
ADVANCED LEGAL SYSTEMS
Name of the Student
Name of the University
Author Note

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Introduction
European Union is considered to be the coalition of twenty eight states which are
designed to tear down trade as well as economic and social barriers in order to promote
flourishing these areas. The primary objective of the Union is considered to promote peace and
along with such the establishment of a unified economic as well as monetary system which
would help in promoting the inclusion and try to combat the discrimination in order to break
down the barriers relating to trade and borders. It also tries to promote the technological as well
as the scientific inventions or developments and along with such champion the environmental
protection among several others so that it can promote the goals like that in a competitive market
in a global market which would assist them in social development or progress1. The Association
of the Southeast Asian Nations (ASEAN) is considered to be a regional as well as
intergovernmental organization which contains or comprises of ten countries that form a part of
the Southeast Asia. This intergovernmental organizations are considered to facilitate the
economic as well as political, military, social, sociocultural and educational integration among
the various states which are considered to be the members along with the other countries that
exist or prevail in Asia. This particular intergovernmental organization is considered to regularly
engage or involve other countries which are in the Asia-Pacific region and beyond that. It aims at
maintaining a global network of various alliances and along with such the dialogue partners
which is considered by several members as a global powerhouse. Along with such it is also
involved in several international affairs and also hosts various diplomatic missions across the
globe2.
1 Chalmers, Damian, Gareth Davies, and Giorgio Monti. European union law. Cambridge university press, 2019.
2 Secretariat, A. S. E. A. N. "About ASEAN." European Journal of Social Theory 427 (2016): 447.

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This paper discussed the two trade blocks European Union and ASEAN and tries to
discuss its history, purpose and proceeds to make a certain kind of comparative analysis of the
legal implications of the above-mentioned trade blocks. Furthermore, it also provides a brief
information and critically evaluate the level of integration which has been considered to be
accomplished by these trade blocks. In addition to such, it also tries to highlight the barriers that
are considered to be prevailing and the level of integration that can be secured in order to create a
better dispute solving body for the cases that are considered to be in dispute. In conclusion, it is
considered to summarize the points that have been dealt with in the paper.
Discussion
An introduction to the European Union
The European Union had been officially formed or established in the year 1993 but its
constitution or foundation is considered to actually reach further back to the year of 1957 when
there had been the existence and the establishment of the European Economic Community. The
primary goal or the principle objective of the EU is considered to be to be or to create a
competitive market place at the global level. Simultaneously it also tries to balance the needs that
are considered to be independent fiscal as well as political for the members. There are three
bodies that are considered to run the EU3. The EU Council is considered to represent the national
governments and the Parliament is considered to be elected by the people. The European
Commission is considered to be the staff of the European Union. It is their primary motive to
make sure that all the members act in a manner that would be consistent as well as regional or
agricultural as well as the social policies. These are considered to be contributed by the state
3 Olsen, Jonathan, and John McCormick. The European Union: politics and policies. Routledge, 2018.

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funds of the members in the European Union4. The European Commission is considered to
propose a certain kind of new legislation where the commissioners would be able to serve a five
year term. The European Parliament is considered to get the first read of the various laws and the
regulations that are considered to be proposed by the Union by its members states who have been
elected for a term of five years. The European Council is considered to also get a second read on
all the regulations and the laws which would be accepted by the Parliament. It can be observed
from the case of O'Brien v Department of Constitutional Affairs [2010] UKSC 34, [2011] 1
CMLR 365.
In the year 1950, the concept regarding the European trade area had been first
established. The Treaty of Rome in the year 1957 had established or constituted a common
market and such was considered to eliminate the customs duties in the year 1968. It had put
various standard policies that would be particularly for the trade in agriculture. In the year 1993,
the Treaty of Maastricht was considered to be established and such helped in constituting the
European Union in common market. There had been various other countries that had joined in
two years after the Treaty had been established. The Treaty of Lisbon had also increased the
powers and the authorities relating to the European Parliament6. It also provided EU with the
legal authority and such was in order to negotiate as well as sign the international treaties. It had
also increased the powers of the European Union for the border control or the immigration or for
judicial cooperation along with the various civil as well as criminal matters along with the police
cooperation. It had also abandoned the idea relating to the European Constitution and the
4 Nugent, Neill. The government and politics of the European Union. Palgrave, 2017.
5 O'Brien v Department of Constitutional Affairs [2010] UKSC 34, [2011] 1 CMLR 36
6 Greenwood, Justin. Interest representation in the European Union. Macmillan International Higher Education,
2017.

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European law which had been established by the international treaties. It can be understood from
the case of Van Gend en Loos v Nederlandse Administratie der Belastingen (1963) Case 26/627.
An introduction to the ASEAN
ASEAN had been preceded by an organization which had been created or established in
the year 1961 which was called the Association of Southeast Asia (ASA). It consisted of
Thailand and Philippines along with the Federation of Malaya. ASEAN is considered to be
created or constituted in the year 1967 when the foreign ministers regarding the five countries
Indonesia, Malaysia, Singapore, Philippines along with Thailand had signed the Declaration
regarding ASEAN. The primary or the principle objective of the ASEAN is considered to be
accelerating or increasing their economic growth as well as social and cultural development in
the region which would help in the promotion of the regional peace along with the collaboration
for the mutual assistance on the matters that would be relating to the common interest in order to
provide various assistance to each other that would in the form of training as well as research
facilities. It would also help in collaborating for a certain kind of better utilization of the
industry as well as the agriculture in order to raise the living standards of the individuals which
would help in promoting the development of the Southeast Asian studies and along with such
help in maintain close beneficial cooperation among the existing international organizations that
would have similar objectives as well as purposes8. It can be observed from the case of Sarika
Connoisseur Cafe Pte Ltd v Ferrero SpA [2012] SGCA 569.
The creation as well as the development of the ASEAN had been motivated by a common
fear regarding communism. The group had reached greater cohesion in the mid 1970s which
7 Van Gend en Loos v Nederlandse Administratie der Belastingen (1963) Case 26/62
8 Broinowski, Alison, ed. ASEAN into the 1990s. Springer, 2016.
9 Sarika Connoisseur Cafe Pte Ltd v Ferrero SpA [2012] SGCA 56

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followed a subsequent change in the balance of power that was after the end of the Vietnam War
in the year 1975. The economic growth and development of the region was dynamic during the
time of 1970 which had strengthened the organization as such had enabled the ASEAN to adopt
various unified response for the Vietnam’s invasion of Cambodia in the year 1979. The first
summit meeting which had been held in Bali was considered to have resulted in an agreement
that would help on several industrial projects and the signing regarding such for the Treaty of
Amity and Cooperation along with a Declaration of Concord would also contribute to such. The
end of the Cold war was considered to permit or allow the ASEAN countries to exercise certain
greater political independence that would help in the region and the 1990s ASEAN was
considered to have emerged as the leading voice regarding the regional trades as well as the
security issues10. It can be understood from the case of The Singapore Professional Golfers’
Association v Chen Eng Waye and others [2013] SGCA 1811.
Comparative analysis of the legal implications of European Union along with
ASEAN
According to the author, it can be understood that, there are three bodies that are
considered to run the EU which are the EU Council, the EU Parliament and along with such the
EU Commission. The principle motive as well as job of the Council is considered to be the
promotion of the new policies along with the various legislations that are considered to be for the
European Union. It also is considered to operate under that of a different EU president after
every six months. The Parliament debates and consequently after such passes the laws and the
regulations that have been proposed by the Council which would be for the electing members
once every five years. Following such, the Commission is considered to enforce certain
10 Mahbubani, Kishore, and Rhoda Severino. "ASEAN: The way forward." (2018).
11 The Singapore Professional Golfers’ Association v Chen Eng Waye and others [2013] SGCA 18

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operations of the laws for that of the European Union. In addition to such, it can also be
understood that the European Central Bank Services are considered to look after the EU’s
financial needs and requirements and it also tries to manage the things that are like the inflation
rates for that of a foreign exchange reserves. The individual citizens are considered to have
allegedly stated that it is considered to be a democratically structured Union and the citizens
have a variety of ways in which it can be contributed by including or involving the views and
perspectives of the policies of the EU which would be during the development for or for
suggesting certain new improvements that would be for the existing or the prevailing laws and
policies12. It would also help in initiating empowerment to the citizens in order to have a greater
impact on the policies of the EU which would cause an impact in their lives. It can be understood
through the case of Business Transfers: EC Commission v UK [1994] ECR I-243513.
However, it has also been stated that ASEAN is considered to aim the promotion of the
collaboration along with cooperation of the member states which would help in the advancing of
the interests of the region that would be as a whole for involving various economic as well as
trade growth. It has also been considered to negotiate the free trade agreement among that of the
member states along with other countries which are inclusive of China that have eased the travel
in the region for various citizens of the member countries. In the year 2015 there had been a
major milestone that had been reached by the ASEAN Economic Community for the
organization’s regional as well as economic integration agenda. It also envisioned itself as the
bloc for a single market with the free flow relating to goods and services along with investments
for skilled labor and freer movement of the capital that has been collected and gathered from
across the region. The mission of the organization is considered to strive towards the peace as
12 Cini, Michelle, and Nieves Pérez-Solórzano Borragán, eds. European union politics. Oxford University Press,
2016.
13 Business Transfers: EC Commission v UK [1994] ECR I-2435

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well as stability among the region. In addition to such it has also been able to develop the nuclear
weapons and tries to agree on abolishing terrorism by agreeing on a counter-terrorism pact. This
also includes sharing of the intelligence and along with such the easing extradition of various
processes of the terror suspects.
The member states of ASEAN were considered to meet in Jakarta in order to launch a
charter which had been signed in the year 2007. This was done in order to move closer to the
style of European Union. The charter had turned or converted ASEAN into a legal entity and it
had also aimed in creating a single free trade area for the various region which would be
encompassing the 500 million individuals. It had also been stated that such was considered to be
a momentous development or progress where the ASEAN would be consolidating as well as
integrating along with the transformation of itself into a certain community that would be
achieved while the ASEAN is considered to seek a more vigorous role in the global affairs at that
time during that of the International system which would be experiencing a certain kind of
seismic shift. It would be considered to be referring to that of the climate change as well as the
economic upheaval14. The financial crisis was considered to be seen as a certain kind of threat to
that of the goal and the objective of the Charter and it had also set forth a certain kind of idea that
would be proposed for the human rights body as such would be considered to be up for
discussion at the future summit that would have been held in the year 2009. It can be observed
from the case of Future Enterprises Pte Ltd v McDonald’s Corp [2007] SGCA 1815. The
particular proposition was considered to cause controversy that would be for a body which would
not have any kind of power to impose the restrictions as well as the sanctions in order to punish
the countries that had violated the rights of the citizens and therefore, would be limited or
14 Mahbubani, Kishore, and Jeffery Sng. The ASEAN miracle: A catalyst for peace. NUS Press, 2017.
15 Future Enterprises Pte Ltd v McDonald’s Corp [2007] SGCA 18

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restricted to its effectiveness. The body was therefore, considered to be established later in the
year 2009 as that of the ASEAN Intergovernmental Commission on Human Rights and they had
adopted the ASEAN Human Rights Declaration16.
The regulation of the European Union is considered to become enforceable immediately
on all the member states simultaneously and these can be distinguished or differentiated from the
directives which are considered to in principle be transposed into that of the national law. In
comparison to the ASEAN the EU is considered to be aimed at having countries which have a
stable political institution which would be underpinning democracy and along with such the
economic functioning of the market economy would also need to be stabilized. In matters
pertaining to legal objective the countries need to accept the laws and the regulations that have
been laid down by the EU and follow such accordingly. The EU is considered to negotiate the
free trade agreements along with the several non-member countries and it also tries to impose the
sanctions on those regimes which would be breaking the international law or would in addition
to such oppressing the populations. It has considered to have imposed various sanctions that
would be on the countries which are non-member countries like Iran, Syria, Libya among several
others17.
In comparison with the ASEAN as an intergovernmental organization the EU is
considered to find itself the most perilous after the World War II as there had been a risk in the
split between that of Central European as well as Eastern European member states where the
majority was considered have other diverging interest. This changed the world outlook of the
European policy which was considered to play a decisive role. There had been effective dispute
16 Tilman, Robert O. Southeast Asia and the enemy beyond: ASEAN perceptions of external threats. Routledge,
2019.
17 Hill, Christopher, Michael Smith, and Sophie Vanhoonacker, eds. International relations and the European
Union. Oxford University Press, 2017.

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settlement which were considered to be one of the means that would help or contribute to the
enhancement of the consumer confidence in that of the cross-border purchases. These would also
help in resolving the implications through which there had been a low uptake for the consumer-
confidence that would be in the cross-border e-commerce. It can be observed from the case of
Supreme Court of the Kingdom of Thailand S.C. 5822/2011 Lacoste v. Mr.Thanakarn Po-on and
Others18. The dispute resolution is considered to be the process which helps in resolving the
disagreements that are considered to be within that of the international treaties. It can be
understood from the case of Bean Innovations Pte Ltd and another v Flexon (Pte) Ltd [2001]
SGCA 4219. The process for upholding the domestic rule of law was also considered to be well
established. The Parliament in the European Union was considered to formulate and make laws
and the courts were considered to interpret it along with enforcing such laws. The ambiguity of
was pertaining to what the law was considered to mean and the dispute that arouse from such.
This was considered to be more complex at that of the international level as the states were
considered to be sovereign and there would not be any higher power which would be able to
enforce the law against them. Therefore, in order for certainty the states were considered to
choose and along with such create the institutional mechanisms in the treaties that would help
them in allowing and interpreting and enforcing the regulations. However, such had also been
stated that upholding the rule of law on an international level would also be internationally
complex, as the treaties would be considered to be cutting across the various legal jurisdictions
as they could create their own legal disputes and hear such disputes. They would also be able to
set up a mechanism that would be up for dispute resolution like the system of arbitration which
would not be involving any courts. It would also try to provide for the disputes that would be
18 Supreme Court of the Kingdom of Thailand S.C. 5822/2011 Lacoste v. Mr.Thanakarn Po-on and Others
19 Bean Innovations Pte Ltd and another v Flexon (Pte) Ltd [2001] SGCA 42

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resolved through certain existing international court for the application that would be for the
interpretation as such for the International Court of Justice. On the other hand, the Treaty of
Amity and Cooperation in South-East Asia (1976) was considered to proclaim the peaceful
settlement of the disputes through one of the fundamental principles that were considered to be
guiding the conduct or the behaviors of the members of ASEAN. It has also been stated through
the Articles of the Treaty that the members have agreed on resolving the disputes among
themselves through various friendly negotiations.
In comparison to the EU, ASEAN as an organization tries to promote the technical as
well as research cooperation among the several members. The areas for research are also
considered to include the safeguarding of the environment along with the wildlife. The
association’s Center for Biodiversity has been considered to be established in order to promote
the cooperation as well as the conservation of the sustainability throughout the region. If ASEAN
had been considered to be a country then such would be considered to be the seventh largest
economy20.
Recommendations and Conclusion
Therefore, it can be understood that the cross border disputes in The EU can be improved
and enhanced through the new regime that is being adopted through the online dispute resolution
system. However, these are considered to be placed in the context for the proposals first which
needs to be understood through the comparisons of the UNCITRAL proposals and through
contradicting and contrasting it. This is considered to be crucial in understanding how such is
considered to function. There should also be certain potential foe the cooperation relating to the
public consumer protection for the authorities that could be done through the private bodies for
20 Driver, Ryan Grimstad. "Understanding ASEAN-An Alternative Approach to International Relations Theory in
Asia." (2018).

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the Alternative dispute resolution and such needs to have secure data protection as it would help
in safeguarding the information. Therefore, the challenges that are faced through the dispute
resolution could be improved which would help in effective usage of the power and authority for
the EU and along with such the member states.