Defining of Safeguard Measures under ASEAN Trade Agreements: A Procedural Issue

Abstract

The Association of Southeast Asian Nations (ASEAN) has developed its legal framework for economic cooperation for more than two decades, but it still has been facing compliance issues. This Article explores the legalization characteristics of ASEAN economic agreements including trade agreements. In general, the legal frameworks of ASEAN have been influenced by the notion of the ASEAN way. ASEAN design its agreements including flexible and less binding commitments. In practice, ASEAN trade agreements such as the ASEAN Trade in Goods Agreement (ATIGA) provide ASEAN member states flexibilities. The provision of Article 23 of the ATIGA allows ASEAN member states to apply suspension of concession measures as a safeguard measure where they face unforeseen difficulties in implementing its tariffs commitments. However, there is not substantial provision or definition related unforeseen difficulties in implementing under the ATIGA. How ASEAN and member states define a meaning of “unforeseen difficulties in implementing?” The research reviews problems, causes and effects of problems and finally provides a possible solution. This paper suggests that ASEAN should constitute a definition, scope and requirements of safeguard measures.