Friday, March 29, 2024

The ASEAN Charter and the Building of the ASEAN Community

The ASEAN Charter was a historical, people-centered and legally binding document with special significance and influence on ASEAN community building. It governs all relations among and actions by ASEAN member states. The Charter contains new purposes and principles. It also establishes juridical personality for the Association and functions of its various bodies. Also defined are the decision making process and the dispute settlement mechanism etc. The Charter serves three main purposes of giving the Organization a juridical personality, defining responsibility and establishing enforcement mechanism and reaffirming that ASEAN commands prestige in Asia and the Pacific. However, the Charter has also been criticized, among others, for being insufficiently bold in areas of democracy, human rights would not work. However, member countries and non-member countries have welcomed and appreciated the Charter. It lays the legal foundation for intergovernmental cooperation. Its binding character will help implement seriously agreements reached.

Nonetheless, the Charter contains compromises and this would lead to different interpretations. New value added to the Charter might give rise to contradictions between these values and national interests…. Yet only year has elapsed since the Charter came into effect, there remain a lot to be implemented in the Charter.

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