Deepening Trade Facilitation in ASEAN External Agreements: From ASEAN+1 FTAs to CEPs

Abstract

Trade facilitation is a key driver of economic integration within ASEAN and its external trade agreements. However, the depth, binding level, and legal enforceability of trade facilitation commitments in some Free Trade Agreements (FTAs) and Comprehensive Economic Partnership Agreements (CEPs) with external partners are uneven. This study examines the evolution of trade facilitation provisions in several ASEAN+1 FTAs and CEPs, including ACFTA, AKFTA, AJCEP, AIFTA, AANZFTA, AHKFTA, and the Regional Comprehensive Economic Partnership (RCEP). The paper employs a doctrinal and comparative legal analysis of treaty texts, supported by Baldwin’s theory of 21st-century regionalism and the concept of incremental legal institutionalism under the ASEAN Way as analytical frameworks. The paper argues that the design of ASEAN’s external trade facilitation in ASEAN+1 FTAs and CEPs with partners reflects a gradual shift from traditional regionalism to supply chain-oriented integration. While earlier ASEAN+1 FTAs contained fragmented, cooperation-oriented provisions, later agreements introduced more consolidated and operational disciplines. Findings indicate that this evolution of trade facilitation demonstrates a pattern of transitional deep integration, following the ASEAN Way with best-endeavours language, flexible commitments, and selective dispute settlement. The study concludes that future agreements should consolidate dispersed provisions into operational disciplines and strengthen implementation mechanisms to enhance enforceability.