The Indonesia–Australia Comprehensive Economic Partnership Agreement: Consequential Legal Document?

20 Pages Posted: 15 Dec 2020

See all articles by Melinda Heap

Melinda Heap

Swinburne University of Technology - Swinburne Law School

Jeremy Kingsley

Swinburne University of Technology - Swinburne Law School

Date Written: December 14, 2020

Abstract

The Indonesia – Australia Comprehensive Economic Partnership Agreement (IA-CEPA) is an important bilateral document designed to consolidate and advance the Australia-Indonesia relationship. It has been heralded as a major trade agreement that will deepen business relationships and increase the flow of trade between Australia and Indonesia. This article tests the veracity of these claims and investigates the merits of this agreement. It considers the context in which the agreement was devised, alongside an analysis of its structure and substantive clauses. Our assessment is that the IA-CEPA does not create a significantly improved legal infrastructure for bilateral trade. Despite this finding, there are significant benefits that do emerge from the Agreement in relation to promoting business and social relationships. These emerge from the agreement’s symbolism, and some mechanisms in the IA-CEPA side agreements, particularly those that foster people-to-people engagement, which provides a platform for longer-term sustainable cross-border commercial relationships.

Suggested Citation

Heap, Melinda and Kingsley, Jeremy, The Indonesia–Australia Comprehensive Economic Partnership Agreement: Consequential Legal Document? (December 14, 2020). Australian Journal of Asian Law, 2020, Vol 21 No 1, Article 08: 131-149, Available at SSRN: https://ssrn.com/abstract=3748202

Melinda Heap (Contact Author)

Swinburne University of Technology - Swinburne Law School ( email )

Cnr Wakefield and William Streets, Hawthorn Victor
3122 Victoria, Victoria 3122
Australia

Jeremy Kingsley

Swinburne University of Technology - Swinburne Law School ( email )

Cnr Wakefield and William Streets, Hawthorn Victor
3122 Victoria, Victoria 3122
Australia

Do you have a job opening that you would like to promote on SSRN?

Paper statistics

Downloads
308
Abstract Views
1,122
Rank
202,878
PlumX Metrics