1. UKM Learning and Research Repository
2. PHD Thesis / Tesis PHD
3. Faculty of Law / Fakulti Undang-undang

Title:	Harmonisation Of Product Safety Laws: Towards A Common Conformity ASEAN Certification Mark
Authors:	Syed Sagoff Alsagoff (P38457)
Supervisor:	Rahmah Ismail, Assoc. Prof. Dr.
Keywords:	Product Safety Laws Common Conformity ASEAN Certification Mark Harmonisation Of Product Safety Laws Universiti Kebangsaan Malaysia -- Dissertations
Issue Date:	28-Aug-2013
Description:	Formed in 1967 with the primary purpose of promoting economic, social, security and cultural amalgamations, The Association of Southeast Asia Nations (ASEAN) has today place itself on similar tenets with the European Union (EU), despite lacking in legal framework that binds ASEAN. With a population of over 598 million consumers, ASEAN has a population far exceeding that of the European Union with 27 member states under its wings. Though based primarily on voluntary association, ASEAN with its 10 member states today has managed to come to a common consensus on many matters that are vital to its economic sustainability in the midst of economic powerhouse and global market. In 2007, ASEAN Charter was engrossed by member states in an attempt to boost economic growth through the formation of a single market projection by 2015 which is stable, dynamic, prosperous and competitive. With ASEAN vision of a single market and free movement of goods and resources, this research is undertaken with a view to review, analyse and study the laws governing product safety among permanent member states of ASEAN which have veto powers to initiate changes: Singapore; Malaysia; Indonesia; Thailand and Philippines. This thesis expounds on comparative legal research, a methodology that addresses issues from both doctrinal and non-doctrinal perspectives embracing historical, critical, analytical and exploratory approach. It will also critically analyse, interpret and scrutinize elements of laws since these elements will illustrate issues of applicability, effectiveness and adaptability. Since safety is synonymous to security of the region and its population (consumers), this research is undertaken with a view to derive at a standard set of product safety laws and/or regulations across the ASEAN region. Taking the concept of harmonisation of laws employed in the EU, the researcher will review, analyse and adopt the strength and current practices in the EU while at the same time remedy weaknesses and shortfall that exists in order to improve, enhance and refine consumer protection mechanism which reflects ASEAN trade aspirations since the very future of ASEAN hinges on a Directive which awaits implementation. The researcher examines the possibility of extending blanket directive like the EU General Product Safety Directive and a proposal of a common ��CA�� (Conformity ASEAN) Certification Mark that will operate concurrently as a ��Passport to ASEAN��. Unlike CE Mark in the EU that applies only to regulated goods, the proposed ASEAN CA Mark will apply to all goods (regulated and non-regulated) thus ensuring at a minimum, standards for non-regulated goods. This will indirectly project/market ASEAN single identity (through removal of national marking) both regionally and globally while concomitantly maintaining accountability from all importers/manufacturers through the prevention of sub-standard (unmarked) products from slipping into the market. This will correspondingly enhance consumer protection, facilitate trade, reduce trade barrier and accelerate fair competition in tandem with achieving the spirit of ASEAN Economic Community (AEC) by 2015. Finally, a proposed framework of ASEAN Product Safety Directive will ensure that none of its member states are left behind in their progression towards building a secured consumer market that is consistent in its application and reliable in practice.,PhD
Pages:	389
Publisher:	UKM, Bangi
Appears in Collections:	Faculty of Law / Fakulti Undang-undang

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