Harmonisation of Laws in ASEAN: The Issue of Language

Title
Harmonisation of Laws in ASEAN: The Issue of Language
Publication Date
2019
Author(s)
Smith, Robert Brian
( author )
OrcID: https://orcid.org/0000-0002-3369-1106
Email: rsmit242@myune.edu.au
UNE Id une-id:rsmit242
Type of document
Conference Publication
Language
en
Entity Type
Publication
Publisher
School of Government, Universiti Utara Malaysia
Place of publication
Universiti Utara, Malaysia
DOI
10.2139/ssrn.4323491
UNE publication id
une:1959.11/57599
Abstract

The diversity of national and official languages is a key element impacting on the ability of ASEAN member states to harmonise their laws so there is a common approach to prosecution of international criminal activity. Such an approach is critical as the ASEAN Economic Community moves to greater integration. The paper briefly describes the importance of language in understanding legal concepts and then describes the variety of legal systems in place across ASEAN which, other than the case of Thailand, are vestiges of their colonial past. The paper discusses three possible models for harmonisation/cooperation, namely: a set of model laws; accession to an international treaty; or an agreement to cooperate. In the case of Brunei Darussalam, Malaysia, the Philippines and Singapore where the legal systems use the English language, all three models could be used. For the other six countries, because of their diversity of language it is argued that the set of model laws is not appropriate. The preferred option is a treaty or conventional which sets out the scope and minimum requirements to be included in the local law and the obligations to cooperate with each other. The Convention on Cybercrime (Budapest Convention) is suggested as a possible model.

Link
Citation
International Seminar on Politics, Administration and Development 2019 (INSPAD2019), p. 273-282
Start page
273
End page
282
Rights
Attribution-NonCommercial-NoDerivatives 4.0 International

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