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In Session: The Enshrined Past, Present, and Future: Political and Juridical Perspectives on East Asian Integration
3: Divergent integration: Constitutional Temporalities in the making of Asian Monetary Fund
Thursday, March 25, 2021
8:30am – 10:00am EDT
Francis M. Cao
Frankfurt Goethe University, Germany
Transnational regime has a foreign appearance in post-war East-Asia, at least, regional integration initiatives and human rights tribunals are absent in the making of regional order. Previous researches have addressed the absence in the historical and cultural context and conceptualized it as a deviation from global constitutionalism. However, the emergence of identity politics and exceptionalism profoundly changes the face of global constitutionalism and drives it to the direction of divergence. This paper aims to revisit the discussion in sociology and explores the divergence dynamics underlying transnational legal ordering. For the purpose, the paper will look at distinct constitutional temporalities at work, figuring out the role of sensemaking in it. It specificly looks at the case of Asian Monetary Fund proposal. Initiated after 1997 Asian Financial Crisis, the proposal, due to both internal and external reasons, was discarded soon afterwards. Other than looking at courts and legislation, this research emphasizes the importance of support structure, such as legal ideology and knowledge, that can be adopted to reinforce the making of legal order. I argue that globalist ideology, despite its variations, purports the making of Asian transnational order, determining the fate of Asian Monetary Fund proposal.