Challenges of Governance: Development and Regional Integration in Southeast Asia and ASEAN (Development and Governance)

This book presents a varied and multi-dimensional view of challenges of governance in Southeast Asia and ASEAN through the variety of disciplines and nationalities involved. In light of 50 years of regional collaboration and integration as the member states of ASEAN seek to chart out a future path for the region, this book is dedicated to showcasing different challenges to governance that occur due to internal and external pressures for the various member states. The editors are particularly interested in the multi-level governance challenges on issues of democracy, equity, and sustainability, the adaptation of policies and norms to fit an ASEAN way, and the changing roles of civil society and citizens in this process of seeking a common identity and voice. The book is divided into four sections. The first section introduces the fundamental political institutional dynamics that are in play within the region and the interplay between regional forces and national norms. The second section tackles the economic and legal discourses that various member states face in relation to external and internal pressures related to international and regional trade and industry. The third section focuses on issues of sustainability and equity resulting from the vast socio-spatial differences in the varied cities and regions of member states. In the final section, the authors discuss dilemmas resulting from economic growth in exploitative industries and the impact that has on the local and regional community through the lenses of inclusivity and justice. Written by a diverse collection of policy makers, researchers, educators and activists from the regions discussed, this book provides an authoritative first-hand analysis of key challenges to governance in Southeast Asia and ASEAN. As such, this volume is an excellent resource for academics, advanced masters and PhD candidates interested in the region, and major Southeast Asian research institutes and centers as well as policy makers and influencers at both national and regional levels within the region. Contents About the Authors Chapter 1: Introduction 1.1 Challenges of Governance in SEA 1.2 Book Structure 1.2.1 Rights and Democracy: Political and Institutional Dynamics 1.2.2 Sovereignty and Trade Alliances: Economic and Legal Discourse 1.2.3 Sustainability and Equity: Socio-Spatial Differences 1.2.4 Inclusivity and Justice: Community and Growth Dilemmas 1.3 Rights and Democracy: Political and Institutional Dynamics 1.3.1 Netipatalachoochote, Ciacchi and Holzhacker: ‘Regional Institutional Development of Human Rights’ 1.3.2 Wahyuningrum: The Institutionalisation of Human Rights in ASEAN 1.3.3 Efriandi, Couwenberg and Holzhacker: The Noken System and The Challenge of Democratic Governance at the Periphery: An Analysis of Free and Fair Elections in Papua, Indonesia 1.4 Sovereignty and Trade Alliances: Economic and Legal Discourse 1.4.1 Permana, Hoen and Holzhacker: Framing Trade Policy Preferences and Dialogues in ASEAN Economic Integration 1.4.2 Nguyen Phan: Protecting Intellectual Property Rights in Vietnam: Opportunities and Challenges 1.4.3 Farneubun: Indonesia–China Strategic Partnership: Role of Vision, Bureaucratic Actors, and Domestic Political Change 1.5 Sustainability and Equity: Socio-Spatial Differences 1.5.1 Rumbogo, McCann, Hermes and Venhorst: Financial Inclusion and Inclusive Development in Indonesia 1.5.2 Hidayati, Yamu, Tan and Holzhacker: Understanding Mobility Inequality in Jakarta with Space Syntax 1.6 Inclusivity and Justice: Community and Growth Dilemmas 1.6.1 Pasaribu, Vanclay and Holzhacker: The Pathway to Social License to Operate of the Forest Industry in Indonesia: Multi-Stakeholders Perspectives 1.6.2 Kusumawati, Herman and Holzhacker: Foreign Direct Investment, Inclusive Growth, and Institutions: A Case Study of the Tourism Sector in Badung District 1.6.3 Nguyen Van Quoc, Trell-Zuidema and Holzhacker: Fish for Transparency—Food as a Trigger for Transboundary Activist Discourse 1.7 Conclusions References Part I: Rights and Democracy: Political and Institutional Dynamics Chapter 2: The Regional Institutional Development of Human Rights in Southeast Asia 2.1 Introduction 2.2 Research Question 2.3 Scientific and Social Significance of the Research 2.4 Methodology 2.5 Theoretical and Literature Context 2.5.1 The Principal-Agent Theory; Member States: Intergovernmental Institutions 2.5.2 Institutional Theory: Definition, Character, and Significance 2.6 Analysis 2.6.1 The Principal-Agent Theory and the Need for the AICHR: Evidences from ASEAN Official Statements and ASEAN Elites’ Speeches 2.6.2 Institutional Theory with the AICHR’s Functions: Significances and Expansion of Power to Improve Human Rights 2.7 Conclusion References Chapter 3: The Institutionalisation of Human Rights in ASEAN 3.1 Introduction 3.2 Research Question 3.3 Methodology 3.4 Theoretical Considerations 3.4.1 The Framework on Norm Localisation 3.5 ASEAN’s Pre-Existing Norms: The ASEAN Way and Asian Values 3.6 ASEAN’s Human Rights System 3.7 Analysis 3.7.1 The Dynamics of Regional Actors and Their Roles 3.7.2 Interaction Between ASEAN Cognitive Prior Norms and Global Human Rights 3.7.3 National Interests and the Return of the Universalism Vs. Regional Particularism Debate 3.7.4 Challenges to Governance in Southeast Asia 3.8 Conclusion References Chapter 4: The Noken System and the Challenge of Democratic Governance at the Periphery: An Analysis of Free and Fair Elections in Papua, Indonesia 4.1 Introduction 4.1.1 Noken System and the Challenge of Democratic Governance 4.1.2 Research Question 4.1.3 Social and Scientific Significance 4.2 Literature Review 4.2.1 Political Decentralization 4.2.2 Electoral Accountability 4.2.3 Free and Fair Election 4.3 Methodology 4.4 Analysis 4.4.1 Before the Election 4.4.1.1 Legal Framework 4.4.1.2 Electoral Management Bodies 4.4.1.3 Electoral Rights 4.4.1.4 Voter Register 4.4.2 On the Election 4.4.2.1 Voting Process 4.4.2.2 Counting of Votes 4.4.3 After the Election 4.4.3.1 Legal Possibilities of Complaint 4.4.3.2 Acceptance of the Election Results 4.5 Conclusion References Part II: Sovereignty and Trade Alliances: Economic and Legal Discourse Chapter 5: Framing Trade Policy Preferences and Dialogues in ASEAN Economic Integration 5.1 Introduction 5.1.1 ASEAN Economic Integration and Challenges of Governance in Southeast Asia and ASEAN 5.1.2 Research Questions 5.1.3 Social and Scientific Relevance 5.1.4 Research Methods 5.2 Literature Review 5.2.1 Constructing State’s Preference in Regional Economic Integration: Economic Interdependence and Domestic Politics 5.2.1.1 Liberal Intergovernmentalism (LI) 5.2.1.2 Strategic Preference Theory (SPT) 5.2.1.3 A Conceptual Framework on Policy Preference 5.2.2 Conceptualizing Policy Dialogue 5.2.2.1 Bureaucratic Politics Model (BPM) 5.2.2.2 Internationalist Vs. Backlash Coalitions 5.2.2.3 Framing the Policy Dialogue: A Conceptual Framework 5.3 Discussion 5.3.1 State Preferences in ASEAN Economic Integration 5.3.2 Policy Dialogue: The Internationalist and Backlash Coalitions 5.3.2.1 Mapping the State Actors 5.3.2.2 Policy and Decision Games, and the Action Games in Policy Dialogue 5.3.3 The Automotive Industry Roles as Non-State Actor in Policy Dialogue References Other Sources Chapter 6: Protecting Intellectual Property Rights in Vietnam: Opportunities and Challenges 6.1 Introduction 6.2 Research Questions and Methodology 6.3 Social and Scientific Significance of the Research Questions 6.4 Theoretical Framework 6.4.1 A Glance to the Debate Within WTO About TRIPs 6.4.2 A Review on the Controversial Debate on IP and Developing Countries 6.5 Analysis 6.5.1 Introduction to the Origin of the Vietnam IP Law and the System of IP Regulations 6.5.2 External Compulsion: A Member of the WTO, To Be or Not To Be? 6.5.3 Some Internal Pressures 6.5.4 The Reform of IP System in Vietnam in 2005 6.6 Some Optimistic Signals from the IP Law System 6.7 The IP System and Its Challenges to the Governance 6.7.1 IP System in Vietnam, A Complicated One 6.7.2 The Need for More Funding on IP Offices and IP Enhancing Activities 6.7.3 The Need to Improve Social Awareness on IP 6.8 Conclusion References Chapter 7: Indonesia–China Strategic Partnership: Role of Vision, Bureaucratic Actors and Domestic Political Change 7.1 Introduction 7.1.1 Research Question 7.1.2 Significance of the Research 7.1.3 Research Design 7.2 Establishing a Theoretical Framework 7.3 Vision-Driven Policymaking 7.3.1 Yudhoyono’s Vision of Sustainable Economic Growth 7.3.2 National Policy to Support Yudhoyono’s Vision 7.3.3 Foreign Policy to Support Yudhoyono’s Vision 7.4 Key Individuals in the “Inner Circle” 7.5 Impact of Domestic Political Change 7.6 Conclusion References Part III: Sustainability and Equity: Socio-Spatial Differences Chapter 8: Financial Inclusion and Inclusive Development in Indonesia 8.1 Introduction 8.2 General Set-Up of the Study 8.2.1 Research Question 8.2.2 Scientific and Social Significance of Research 8.2.3 Methodology 8.3 Literature Review 8.3.1 Inclusive Growth 8.3.2 Financial Inclusion 8.3.3 Empirical Evidence: Financial Inclusion and Inclusive Growth 8.4 Analysis 8.4.1 International Comparison of Financial Inclusion 8.4.2 Depth and Breadth of Indonesia Financial Inclusion Policy 8.4.3 Indonesia’s Financial Inclusion and Inclusive Development: A Regional Perspective 8.4.4 Financial Inclusion and Inclusive Development: An Econometric Analysis Model Interpretation 8.5 Conclusion References Chapter 9: Understanding Mobility Inequality in Jakarta with Space Syntax 9.1 Introduction 9.2 Research Question 9.3 Scientific and Social Significance of the Research 9.4 Theoretical Overview 9.4.1 Constructing Mobility Inequality 9.4.2 Understanding of Socio-Spatial Structures with Space Syntax 9.5 Methodology 9.6 The Case of Kampung Menteng, Jakarta 9.6.1 Analysis of Socio-Spatial Structures 9.6.1.1 High Metric Radius Analysis (Vehicular Accessibility) 9.6.1.2 Low Metric Radius Analysis (Pedestrian Accessibility) 9.6.1.3 Mobility Correlated to Location of Educational Facilities 9.7 Mobility Inequality in Southeast Asian Metropolitan Cities 9.7.1 Socio-Spatial Structures and Mobility Inequality 9.7.2 Socio-Spatial Structures in Southeast Asia 9.8 Conclusion References Part IV: Inclusivity and Justice: Community and Growth Dilemmas Chapter 10: The Governance of Social License to Operate in the Forest Industry in Indonesia 10.1 Introduction 10.1.1 Research Questions 10.1.2 Social and Scientific Relevance 10.2 Social License to Operate 10.2.1 History of the Concept 10.2.2 How Do Social License and Legal License Relate to Each Other? 10.2.3 Operationalization of Social License to Operate 10.2.4 Critiques of the SLO Concept 10.3 Methods 10.4 The Social License of Two Forestry Companies 10.4.1 Background to the Case Studies 10.4.2 Gaining SLO from Local Communities: The Company Perspective 10.4.3 The Perspective and Role of Government at all Levels 10.4.4 SLO from the Perspective of Communities 10.5 Understanding the Place of SLO in the Indonesian Forestry Industry 10.6 Conclusion References Chapter 11: Foreign Direct Investment (FDI), Inclusive Growth, and Institutions: A Case Study of Tourism Sector in Badung District 11.1 Introduction 11.1.1 Research Questions 11.1.2 Scientific and Social Significance of the Research 11.1.3 Research Design and Methodology 11.2 Theoretical Framework 11.2.1 FDI and Economic Growth 11.2.2 FDI Links to Inclusive Growth 11.2.3 The Role of Institutions for Inclusive FDI 11.3 The Badung District and Inclusive Growth Performance 11.4 FDI and Inclusive Growth in the Badung District 11.4.1 Employment Creation 11.4.2 Labor Productivity Improvement 11.4.3 Corporate Social Responsibility (CSR) Programs 11.4.4 Economic Linkages to MSME 11.5 The Role of Institutions in Promoting FDI for Inclusive Growth 11.5.1 The Dynamics of Institutions in Nusa Dua Development History 11.5.2 Economic Institutions 11.5.3 Political Institutions 11.6 Conclusions References Chapter 12: Fish for Transparency: Challenges of Environmental Governance from the Perspective of Food-Driven Protests 12.1 Introduction 12.2 Research Question 12.3 Scientific and Social Significance 12.4 Research Design and Methodology 12.4.1 Discourse Analysis 12.4.2 Data Collection 12.5 Theoretical Framework 12.5.1 Environmental Activism and Discursive “Resonance” 12.5.2 The Socio-Political Embeddedness of Food 12.6 Analysis 12.6.1 Approaching the 2016 Fish Death Event in Vietnam 12.6.2 Narrative Dispute: Activist Versus Government 12.6.2.1 Identity 12.6.2.2 Manifestations Activist: Fish over Steel Government: Neither Fish nor Steel Interaction and Outcomes 12.6.3 Narrative Diffusion: Rural in Relation to Urban 12.6.3.1 Identity 12.6.3.2 Manifestations Rural Manifestations Urban Manifestations: Transparency in Jeopardy 12.6.3.3 Interaction and Outcomes 12.7 Conclusion 12.7.1 Challenges to Governance 12.7.2 A Call for Civil Society References Index