THE ASEAN SECRETARIAT INVITES BOTH ASEAN AND NON-ASEAN NATIONALS TO APPLY FOR THE FOLLOWING POSITION AT THE ASEAN SECRETARIAT IN JAKARTA

Legal Expert Under the Asian Development Bank (ADB) Project on “Strengthening Capacity of the ASEAN Secretariat in Regional Economic Integration and Policy Dialogue”

Position Description

1. Background and Objectives

After 40 years of existence, the Association of Southeast Asian Nations (ASEAN) has embarked on a new era of economic interdependence and integrated development. This forward momentum is characterized by an increased emphasis and reliance on rules-based dispute settlement and on the regular monitoring and evaluation of compliance to agreed commitments and obligations by ASEAN Member Countries (AMCs).

In the above context, the full confidence, support and participation from AMCs in regional integration and community building depends on several prerequisites. These include the availability of effective systems and frameworks (a) for the speedy and transparent settlement of disputes in ASEAN, (b) for the provision of authoritative legal interpretations and advice concerning regional agreements and initiatives, and (c) for the timely monitoring and objective assessment of compliance-related progress and problems in AMCs.

Considerable and sustained capacity building and mentoring is required in order for the ASEAN Secretariat (ASEC) to become fully operational and more effective in handling its legal-related mandate. This applies especially to those work elements on dispute settlement in ASEAN, on monitoring and evaluation of compliance to ASEAN economic agreements, and on enhancing awareness, confidence and use by AMCs of the dispute settlement systems and procedures on an advisory (amicable) or adjudicatory basis in ASEAN. Therefore, the availability of ad-hoc advisory services on legal matters is essential for the ASEC to carry out its legal-related tasks. These have become increasingly more technical and complex along with the intensified regional economic integration and building up of ASEAN as a rules-based legal institutional entity.

A Legal Expert (LE) will be assigned to the Agreements and Compliance Unit (ACU) of the Bureau for Economic Integration and Finance (BEIF) at the ASEC.

2. Terms of Reference for the Legal Expert

Under the guidance of the Principal Director of BEIF and supervision of Head, ACU Head, the Legal Expert is to advise and, as appropriate, provide additional support for ASEAN and ASEC Units with respect to (a) ASEAN Economic Agreements and the related dispute settlement and compliance monitoring processes; (b) legal advice and interpretations; (c) the drafting and scrubbing of legal and other official documents; and (d) the work of the Task Force on the ASEAN Dispute Settlement Mechanism (DSM) and the ASEAN Compliance Body (ACB) plus the meetings of these and, as needed, other ASEAN bodies. Through her/his built-up contacts and experiences, the Legal Expert also advises ACU in liaising and maintaining a close relationship with regional and international professional associations and networks relating to the substantive streams or areas of legal-related work in ACU, and with donors and dialogue partners of ASEAN in relation to DSM-related capacity-building needs in the region.

In performing her/his functions, which are primarily back office in nature, the tasks to be undertaken by the Legal Expert include, but are not limited to, the following:

• Advise and, as needed, provide additional support to the ACU Head in the implementation of ACU responsibilities concerning all legal-related matters and activities.

• Assist ACU/BEIF in operationalising the ASEAN dispute settlement system and, as appropriate, propose options and possible measures for the updating of systemic infrastructure and operations, including capacity building activities.

• Advise ACU on the work of the Task Force on ASEAN DSM and the ACB, and, as requested, provide additional support services to the meetings of these bodies and of other ASEAN bodies on legal-related issues.

• Assist ACU/BEIF in monitoring the ratification of, and compliance to, ASEAN economic agreements, including their transposition into national laws and regulations.

• When required and as appropriate, advise ACU in ASEAN dispute settlement proceedings, especially at the consultative and adjudicatory stages, and in the consideration and/or resolution of other DSM-related legal issues.

• Assist and provide additional support on request from ACU in the provision of clear, focused and concise legal interpretations and advice, and in the timely completion and scrubbing of draft Agreements or draft legal documents.

• Advise and, as needed, assist in research and the preparation of briefs and papers on WTO-DSU cases, especially those involving AMCs or involving economic sectors and fields of major interest to AMCs, for the attention of all stakeholders and for dissemination purposes.

• Advise and, as appropriate, contribute to the management and collection of a credible on-line reference library on international economic laws and dispute cases under WTO-DSU, ASEAN-DSM and other jurisdictions.

• Provide guidance and support to ACU in liaising and maintaining good rapport with the relevant ASEAN bodies and working groups, and with regional and international professional associations and networks relating to the substantive streams or areas of ACU work.

• Identify and advise ACU on DSM-related needs for capacity building in the region, and on the design and development of technical assistance projects in cooperation with donors and dialogue partners of ASEAN
   

3. Qualifications

Candidates must possess at least a Master’s degree in Law, Legal Studies and/or related professional qualifications and certificates at the post-graduate level; have at least 15-20 years of legal-related working experiences in government, private sector or practices, academia or international organisations with good working knowledge of International Public Law, WTO Law and ASEAN economic agreements and/or of international treaties being a decided advantage; have excellent analytical, research, presentation and inter-personal skills; be capable of writing in a clear, focused and concise language for different target audiences; possess sufficient computer proficiency, especially in the use of Microsoft Office tools; and be fluent in written and spoken English.

4. Application

The above post shall be available for a total of 6 person-months.

Send your application, consisting of a covering letter addressing the requirements of the position description and a current CV to the Personnel and Training Unit, ASEAN Secretariat, 70A Jalan Sisingamangaraja, Jakarta 12110, Indonesia or hr-asean@asean.org no later than 9 February 2008. Only short-listed candidates will be notified.