The Making Of The Asean Charter

On the historic occasion of the 40th anniversary of the founding of the Association of Southeast Asian Nations (ASEAN) in 2007, the leaders of the ten-member countries signed the ASEAN Charter. This book captures the insiders' views of the drafting of the Charter. It is suitable for those interested in ASEAN, and international law.

Forty years after the Bangkok Declaration, which established the Association of Southeast Asian Nations (ASEAN), a new document was drafted as a result of “bold and visionary recommendations” of an ASEAN Committee of Eminent Persons. The ASEAN Charter, which came into force in 2008, provides ASEAN’s legal status and institutional framework. In effect, it is a legally binding agreement among the 10 ASEAN Member States. In many respects, however, the Charter is more important as an aspirational document. Written by one of the persons involved in the negotiations leading to the adoption of the Charter, this meticulously researched publication helps readers navigate the ambiguities of the Charter by detailing an insider’s background, provision by provision, of the debates that went into the making of the ASEAN Charter. It not only explains how the provisions of the Charter came to be drafted, but also how they relate to the realities of diplomatic practice. This volume will be an indispensable reference for scholars, working diplomats, and businesses and institutions that have a stake in ASEAN. "The ASEAN Charter is a commitment for us to become a rules-based community. It is time for us, especially the weaker countries among us, to be ruled by law rather than by political whim, national interest or military power. Walter Woon's work will be a major contribution to that end." - Rodolfo C. Severino, former Secretary-General of ASEAN (1998-2002) "Prof Walter Woon and I represented Singapore in the High-Level Task Force which drafted the ASEAN Charter; he is the ideal author for such a commentary on the Charter. This should be read by everyone interested in ASEAN." - Tommy Koh, Ambassador-at-Large, Ministry of Foreign Affairs, Singapore

In this booklet, the Institute of Southeast Asian Studies has put together some ideas for the proposed ASEAN Charter. The leaders of the Association of Southeast Asian Nations had endorsed the concept of a charter for the association on the conviction that such a document would help in making ASEAN a more robust force for peace and stability, a more deeply integrated and more competitive economic community, a more effective instrument for regional cooperation, and a worthier vessel for the hopes of Southeast Asia's people. The ideas in the booklet are meant for the use, as they see fit, of those who may be involved in the drafting of the charter, including the Eminent Persons Group that has been formed to advise the leaders.

Since the passage of the ASEAN Charter in 2008, ASEAN has transformed itself from a loose economic cooperation, into a formal intergovernmental organization designed to create an “ASEAN Community” forged together in three pillar communities – the ASEAN Political-Security Community, ASEAN Economic Community, and tASEAN Socio-Cultural Community. Forty years of pre-Charter ASEAN practices, coupled with over ten years of post-Charter ASEAN practices thus far, has witnessed the conclusion of hundreds of legally binding regional treaties and similarly binding international instruments in all areas of economic, political-security, and socio-cultural concerns for Southeast Asia to achieve ASEAN’s rule of law-based development objective. Pre-Charter and post-Charter ASEAN Law is variably implemented under a hybrid governance system that depends heavily on ASEAN Member State national implementation alongside ASEAN’s evolving regional institutions. The result is not a model of deep integration as in the case of the European Union, but a particular paradigm of horizontal embeddedness of ASEAN Law – in all its norms and operational practices – contingent on the capacities and compliance of national government bureaucracies in Southeast Asia. This edited collection is a concise authoritative volume covering the practical, doctrinal, legal, and policy aspects of the new regime of ASEAN Law and its consequences for realizing rule of law-based development in Southeast Asia’s emerging single market and production base. Drawing together contributions from a range of key thinkers in the field, the editors present the legal and policy-making issues implicated in the practical implementation of Southeast Asia’s single market and its regime for the free movement of goods, services, foreign investment, and cross-border labor. The book also examines the nature of regional law-making under ASEAN before and after the commencement of regional integration in 2015, the nature of ASEAN’s economic regulators, as well as the evolving structure for enforcement and harmonization of “ASEAN Law” through the array of Southeast Asian national courts, arbitral tribunals, and incipient mechanisms for inter-State, intra-regional, and individual-State conflict management and dispute resolution. This book is highly relevant to students, scholars, and policy-makers with an interest in ASEAN Law and regional policy, and to Southeast Asian studies in general.

On 28 July 2008, the ASEAN Studies Centre and the Regional Economic Studies Programme, both of the Institute of Southeast Asian Studies, and the Konrad Adenauer Stiftung organized a roundtable on The ASEAN Economic Community Blueprint. The brainstorming session gathered Southeast Asian experts from the region to discuss the AEC Blueprint, which ASEANs leaders had adopted at their summit meeting in November 2007, and the prospects of any obstacles to its implementation by the target year, 2015. The roundtable started with a progress report on the AEC Blueprint given by S. Pushpanathan, Principal Director of Economic Integration and Finance, ASEAN Secretariat, Jakarta. Thereafter, the sessions examined the various aspects of the Blueprint tackling the non-tariff barriers, designing a comprehensive ASEAN Investment Agreement, a regional framework for competition policy, the role of infrastructure development in economic integration, the importance of international production networks in economic integration, etc.

Know Your ASEAN sets down, in clear and simple language, the basic facts about the Association of Southeast Asian Nations. It does so in the form of 40 questions and their answers. This is the second edition of the booklet that was among the contributions of the Institute of Southeast Asian Studies to the observance of the 40th anniversary of ASEAN's founding on 8 August 1967. The booklet provides facts on ASEAN's establishment, membership, financing and decision-making. It recalls the association's contributions to regional security. It explains what ASEAN is doing to integrate the regional economy and promote regional cooperation on the environment, infectious diseases, counter-terrorism, poverty reduction and natural disasters. It clarifies such issues as non-interference and human rights. It touches on ASEAN's relations with other countries and international institutions. Since the first edition was published in 2007, many developments have taken place in ASEAN and Southeast Asia, including the adoption of the ASEAN Charter. Hence, the need for an updated version of the text. Through this booklet and their other work, ISEAS and its ASEAN Studies Centre hope to contribute to the expansion of public understanding about ASEAN, recognizing the fact that regional solidarity, integration and cooperation are possible only with sufficient public support. As in the first edition, the publications design and cartoons are by Miel, the award-winning Senior Executive Artist and leading cartoonist of the Straits Times.