Pendekatan Kerjasama Dalam Rangka Kerja Ekonomi: Satu Perspektif Undang-Undang dan Pembangunan Di Kalangan Negara ASEAN

Hasani Mohd. Ali


Globalisation has changed the role of the state in formulating national strategy of development. Its role has now been influenced by non-state players including supranational bodies like World Bank, WTO and IMF and multinational companies. Therefore, the national approach in addressing issues relating to development - which is generated by economic growth - must take into account its global norms.

The state as a key player in development process is now facing the
challenge as how to think global but act local, especially by giving due
regard to the local matters in accordance with its local aspirations. In certain situations, this incidence can give rise to the conflict of interests i.e. Whether priority should be given to the local or global interests. This problem is more obvious in the cases of majority ASEAN members which are still at the stage of developing.

It is submitted, that the element of good institutional infrastructure which encourages cooperation and thereby harmonising the relationship between players involved in development process can be the solution to the conflict between global and local interests. Institutions would reflect the value systems prevail in society. Institutions may not only impose the rules and regulations upon the players in their relationship with each other, but more importantly, it must be consistently enforced and the parties involved must indulge only to the best practices.

This paper is an attempt to elobarate on the question as to what extent
is the approach by the state in legal perspective - i.e. through the development in institutional infrastructure - may be able to strike the balance between all parties involved in national development so as to make it consistent with its needs and aspirations, yet still relevant in its global context. The focus will be given to the element of institutional building in ASEAN members.


international law

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