Module 6: ASEAN Legal Aspects

Activities

Activity 15

 

Read the following information and answer the questions.

 

Current Situation

- The AEC development has been criticized for being "too slow" and some observers have said that the issues that have been delayed were those of importance and could make or break the success of the integration. Some specialists also commented about the lack of leadership on this issue - the role of ASEAN chairmanship is a rotating position and a series of officials from the poorer, less developed ASEAN countries will be the chair of ASEAN for the next few years which means that leadership will be inexperienced and possibly be less interested in pushing ahead quickly with integration on all fronts. Furthermore, ASEAN will suffer the departure of a strong leader as the current ASEAN Secretary General, Thai diplomat Surin Pitsuwan, is completing his 5-year term as ASEAN Secretary-General this year. As an experienced diplomat, Surin Pitsuwan and prior to him the equally experienced Ong Keng Yong from Singapore, have pushed ahead on integration. Some observers note that the less experienced officials from poorer and less developed ASEAN countries set to follow them will not have the same leadership skills, experience or knowledge and that this will tell on future progress.

- Infrastructure development among the ASEAN countries: both the development of hard infrastructure such as roads, ports, airports, etc. and soft infrastructure such as human resource and training are being concentrated.
Hard infrastructure: Many countries' governments have plans to upgrade their infrastructure, such as the plan of three highways linking ASEAN - the North/South one linking South China through Myanmar, Thailand, Laos and Vietnam; the East/West Corridor linking Myanmar, Thailand, Laos, and Vietnam; and the South/South one linking Myanmar’s Dawei deep seaport, Thailand’s Laem Chabang and Cambodia (link to our infrastructure article). Thailand's government has also been talking to China about the high-speed train project linking Laos and Thailand’s Nong Khai to the southern border and Malaysia.

For soft infrastructure, better English speaking countries in ASEAN, such as Singapore, Malaysia and the Philippines will have an advantage over countries like Thailand. According to the Bangkok Post, Thailand has established the ‘‘English Speaking Year 2012’’ program in preparation for the merging of the AEC. This is a step in the right direction but what is ultimately needed is not only a program but a new mind-set. Thailand has not given enough attention to improving English skills throughout its education system and now is in a somewhat weaker position than countries such as Vietnam who have given increased attention to this, and also benefit from having a western alphabet that makes learning of English, both reading and writing, easier than in Thailand.

- The banking sector will particularly need to stay ahead of the game to facilitate investors and to support their moves throughout the region. Singaporean and Malaysian banks and telecoms, for instance, have invested heavily in the region and seem to be slightly ahead of other competitors in better preparing themselves for the AEC.

- Executives have to adjust strategy. Inside the AEC, managers will increasingly have to pursue sales opportunities across the region while focusing relentlessly on cost efficiencies by integrating their operations across the region, managing through lean techniques but also developing effective corporate centralization. Externally, managers in countries such as the US, Canada and Europe are going to have to start paying better attention to this new opportunity. Many of them right now seem to have eyes for only China and India. Asia is much more than either of these two countries and western managers need to study and better understand the opportunities that the AEC presents. In China and India, the AEC also is not fully appreciated nor understood and both Indian and Chinese managers need to also focus more attention and to travel and address the opportunities that the AEC presents.

- ASEAN members still view each other as competitors, for inbound investment and jobs, reported USITC. Ultimately, these distinctions should start to fade to some extent but in the future the line between competitor and collaborator within ASEAN may become less clear. The ASEAN members will need legally binding means to enforce compliance with the objectives of the roadmaps, suggested the report.


What’s Next?

These are vast and ambitious pursuits, and 2015 is less than three years away. Businesses need to have an international mindset, which gives them the appetite and ability to make cross-border investments and acquisitions. Momentum has been established, as seen from many investments and merger and acquisition activity that has occurred in the region. In Thailand, Siam Cement, one of Thailand's largest conglomerates, is gearing up to spend 75% of its $5-billion investment budget for 2012-16 to acquire assets, many in ASEAN countries, according to the Bangkok Post, and there are other large companies such as CP or BGH that are doing the same. In the Philippines, the Philippine pharmaceutical company Unilab markets its affordable analgesics and cough and cold mixtures all over Southeast Asia through joint ventures, while the Axiata group of mobile operators is looking into network-sharing, according to the Manila times. Indonesia's AirAsia, Asia's largest budget airline, is opening a regional office in Jakarta to engage with the ASEAN Secretariat there and work toward a single ASEAN sky and aviation authority, reported the Jakarta Post. In late 2011, a group of business luminaries, including the CEOs of CIMB Bank, AirAsia, Bangkok Bank and Ayala Group launched the ASEAN Business Club, a private-sector initiative to engage in ASEAN's community building efforts.

The AEC is definitely a work in progress. Some efforts will go faster and bear quicker fruit than others; others will face more challenges and may be less crisply implemented. Still, we believe the future is clearly in favor of the AEC, and that it offers clear opportunities and challenges that all businesses need to be thinking about and preparing for. Those who fail to do so, have no one to blame but themselves for missing out on a wonderful new opportunity for sales, investment and engagement with Asia.

 

About the Author:

Christopher W. Runckel, a former senior US diplomat who served in many counties in Asia, is a graduate of the University of Oregon and Lewis and Clark Law School. He served as Deputy General Counsel of President Gerald Ford’s Presidential Clemency Board. Mr. Runckel is the principal and founder of Runckel& Associates, a Portland, Oregon based consulting company that assists businesses expand business opportunities in Asia. (www.business-in-asia.com)

Until April of 1999, Mr. Runckel was Minister-Counselor of the US Embassy in Beijing, China. Mr. Runckel lived and worked in Thailand for over six years. He was the first permanently assigned U.S. diplomat to return to Vietnam after the Vietnam War. In 1997, he was awarded the U.S. Department of States highest award for service, the Distinguished Honor Award, for his contribution to improving U.S.-Vietnam relations.

 

(Source: http://www.business-in-asia.com/asia/asean_economic_community.html  retrieved 10/2/2014)

Questions

  Click Answer Key

1. Why has the AEC development been criticized for being too slow?

2. What is one problem of leadership?

3. Infrastructure development: What is being done in terms of hard infrastructure?

4. What is being done for soft infrastructure?

5. What is the problem about English speaking in Thailand?

6. The banking sector: Who in the banking sector better prepares to facilitate investors throughout the region?
7. Executives have to adjust strategy:
How should executives adjust their strategy inside the AEC?
8. What is the attitude of ASEAN members toward each other?
9. What’s next?
10. What does the author believe?