Liberalizing Trade in Legal Services under Asia-Pacific FTAs: The ASEAN Case

hsieh, pasha l.;

The article examines the liberalization of trade in legal services in the Association of
the Southeast Asian Nations (ASEAN) and its reform prospects to meet the challenges
of multi-jurisdictional practice. It argues that while the ten-country bloc pledges to progressively liberalize the legal sector, ASEAN commitments under free trade agreements (FTAs) constitute merely �paper commitments�. To achieve the goal of the ASEAN Economic Community to form a single market and production base, a feasible, incremental roadmap is imperative to integrate the legal services market. The article first analyzes the economic impact of foreign law firms on ASEAN�s legal capacity building and the evolution of emerging ASEAN law. By assessing legal services negotiations under the World Trade Organization, the European Union, and Asia-Pacific FTAs, the article identifies issues of complexity in international arenas. The Singapore experiment further explores the effectiveness of FTAs with Australia and the USA and self-initiated FTA-plus measures such as Joint Law Ventures and Qualifying Foreign Law Practices. These case studies, along with law firms� operations vis-a`-vis regulatory changes, demonstrate the best practices. Finally, the article provides reform proposals that will accelerate the integration of ASEAN�s legal services market and enhance its competitiveness under the multilateral trading system.