The ASEAN Charter as "Legs to Go Places": Ideational Norms and Pragmatic Legalism in Community Building in Southeast Asia

• Main Author: TAN, Eugene K. B.
• Format: text
• Language: English
• Published: Institutional Knowledge at Singapore Management University 2008
• Subjects: Asian Studies; International Trade Law
• Online Access: https://ink.library.smu.edu.sg/sol_research/824; https://ink.library.smu.edu.sg/context/sol_research/article/1823/viewcontent/EugeneKBTan_ASEANCharter_2008.pdf
• Institution: Singapore Management University

The Charter of the Association of Southeast Asian Nations (ASEAN) has been hailed as a legal instrument that would integrate the ten constituent members as a community and a regional organization. Ostensibly, the Charter has three strategic thrusts in support of the vision of the ASEAN Community. The first is to formalize ASEAN as an institution while streamlining its decision-making processes. Secondly, the Charter seeks to strengthen ASEAN institutions. Thirdly, it seeks to establish mechanisms to monitor compliance and settle disputes. The article considers the extent to which the Charter will help ASEAN achieve its aims. This is especially pertinent in light of the Charter's reaffirmation of ASEAN's longstanding policy of non-interference in members' internal affairs and the retention of consultation and consensus as a fundamental tenet of decision-making. It also considers whether the Charter will facilitate the creation of new norms and values, and protect democracy and human rights.