HARMONIZATION OF ASEAN INVESTMENT LAWS: ANY POSSIBILITY TOWARD RECOGNITION AND ENFORCEMENT OF FOREIGN JUDGMENTS IN ASEAN MEMBER STATES

In having ASEAN investment related agreements responded to economic activities seeking   by   investor   and   service   providers   or   suppliers   practically, harmonization   of investment related laws among AMS is from time to time reiterated “necessarily needed in various aspects”. Since establishment to operation and dispute settlement are under the concept of ASEAN free movement, the host country normally shapes up all processes of doing business by its domestic laws and regulations. Of course, they are depended on each member state’s regime and jurisdiction which always different from each other and in principle not apply cross borders.  The ten members we already have with sovereignty issue in addition, these make the need of integrity of laws moved even harder. Recommended by the authors as an optional choice, recognition and enforcement of foreign judgments, inter-alia, can play its role as a supportive mechanism under harmonization of investment laws. The legal relationship between investors and investors, investors and states or between states and states in AMS then will be undertaken regionally and seamlessly.


Introduction
They also have common view to develop and improve the harmonization of regional laws along the line.In 1967 Declaration, clearly stated that. 16the aims and purposes of the Association shall be…To promote regional peace and stability through abiding respect for justice and the rule of law in the relationship among countries of the region and adherence to the principles of the United Nations Charter…" In in a specific law (lex specialis).The law in a form of treaty, on the other hand, is not under their attention regardless of how long the arrangement of relevant convention has been proposed. 21e non-written law, the recognition and enforcement of foreign judgments in some AMS can be created by judgments of domestic courts, particularly in Malaysia, Singapore and Brunei that British Common Law has direct impact upon.

Rules and Methods of AMS in recognition and enforcement of foreign judgments
Apart from the principle of reciprocity, some AMS -Malaysia,

Singapore
and Brunei-also have adopted the principle of obligation theory.When judgments issued by a country with statutory system requested, the reciprocity will serve.The obligation theory will apply in case the judgments made under Common Law system.
In the case of Indonesia, the principle of territorial sovereignty is strictly observed.The Philippines also embraces this principle but leaves more rooms to play.For Thailand, the recognition and enforcement of foreign judgments is on the comity of nations basis.

Approaches of recognition and enforcement of foreign judgments
Some AMS, both civil or common laws backgrounds, have foreign judgments adopted into their jurisdiction via a domestic litigation process.The foreign judgments will be used as an evidence or ground for examination process.For AMS with common law background, they have more flexible room to import those judgments as mentioned earlier.Through the domestic litigation process for a judgment from any common law country and the registration process for one from statutory system.
The latter case, a foreign judgment will be effectively enforced in equivalent to an inhouse one.
In the case of Indonesia and Thailand, a foreign judgment is recognized just as prima facie evidence.
The enforcement, consequently, can be settled with recourse to "trial de novo" a new litigation.

Court jurisdiction and authority of court
It is common understanding, the only issue perhaps, among all AMS that a foreign judgment must be issued by a competent court of rendering and carried out by a competent court of enforcing.Some AMS adopt a foreign judgment without any reservation of revision au fond authority; an enforcing court can never make any changes of that judgment.Unlike the Philippines, the court has right to form a hearing procedure and to have the merit of judgment revised in the case any errors of factual or legal question found.

Finality of foreign judgments
The finality of judgment is, inter

References
Critical Issues of Investment Law Harmonization within ASEAN from in economic circle is possible.Said, a solid legal framework is a basic element to economic integration.The issues of laws in need are both domestic and 2 Para 2 (Introduction), para 5 (Characteristics and Element of AEC) for example.
services and investment moving across ones territories has brought those rigid rights declined.From the principle of territorial sovereignty that judgments can only be enforced within its jurisdiction, there a tendency of judgments movement recognized and effected outside their own lands.The recognition and enforcement of foreign judgments has paid important role as to serve the change and expansion of economic activities.In modern world, the relationship between state to state, state to individual and individual to individual is not limited within a single country.กษาตางประเท แงคดแนวอาเซยน", ด ลพาห, เลม 2 ปท 31, (มนาคม-เมษายน 2527), p. 89.(available only in Thai version) cited in อานนท รบ โร น, การรบรองและการบงคบตามคาพพากษา าลตางประ เท ในกลมประเท อาเซยน, วารสารบณฑต กษานต าสตร, ป ท : 4 ฉบบท :3 เลขหนา 238-245 ป พ. .: 2554.1.1 Justice co-operation between AMS in civil and commercial laws Based on the 1967 Bangkok Declaration and the 1976 Declaration of ASEAN Concord, the legal consistency was first introduced in 1984 and led to the AMS Laws co-operation forum.

3. 2
Regime of lawsAs mentioned above, there are different legal systems and regimes in member states of ASEAN.This brought the inconsistency of legal system and barred the co-operation of AMS to have an idea of recognition and enforcement of foreign judgments implemented cross the board effectively.ConclusionHarmonization of investment related laws in ASEAN region needs the serious attention of AMS.The laws of region to contribute and accelerate investment and any other trade issues require new legislation, new mechanisms and changes.Yes, the regional harmonization of law itself may be a right answer to this matter.Anyway, there 22 Supra note, Tungsuwane, Peerapan, p. 3. are several limitations to break through.national based benefits are for example.The critical question thereof for them is "what the most appropriate methodology for ASEAN to drive the legal harmonization implemented practically?"On the back door approach, the idea of recognition and enforcement of foreign judgments between one AMS to another AMS is suggested.It might not be the direct way to create harmonization per se. the cooperation of AMS courts and free movement of their judgments with ASEAN territory could help forming a basis of legal integration.It is an optional method proposed that should be taken into account and carried out side by side with the direct harmonization.However, the strong and rigid concept of sovereignty in economic world, together with different legal regimes, can be one of prominent obstacles to move forward the ASEAN vision on economic goal.The concept of free trade and single market of ASEAN and its prosperity is depended on AMS to make the right decision for their own future.