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The Asean Charter: An Analysis

The adoption of the ASEAN Charter in 2007 was believed to have transformed ASEAN to become a more institutional organisation with a profound framework and inclusive principles that act as a guideline to assist the process of disputes settlement and decision-making between the member countries. When...

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Main Author:	Ahmad, Abdul Razak
Format:	Article
Language:	English
Published:	Universiti Utara Malaysia Press 2016
Subjects:	KZ Law of Nations
Online Access:	http://repo.uum.edu.my/25133/1/UUMJLS%207%2C%2083-94%20%282016%29.pdf http://repo.uum.edu.my/25133/ http://www.uumjls.uum.edu.my/index.php/previous-issues/154-uum-journal-of-legal-studies-jls-vol-7-2016#j1
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id	my.uum.repo.25133
record_format	eprints
spelling	my.uum.repo.251332018-11-11T00:52:33Z http://repo.uum.edu.my/25133/ The Asean Charter: An Analysis Ahmad, Abdul Razak KZ Law of Nations The adoption of the ASEAN Charter in 2007 was believed to have transformed ASEAN to become a more institutional organisation with a profound framework and inclusive principles that act as a guideline to assist the process of disputes settlement and decision-making between the member countries. When the Eminent Persons Group (EPG) representing each of the countries addressed two main issues related to the recommendations to reform the norm and principles of ASEAN as well as the rights of the member countries to be put into the Charter, the ASEAN leader were not very receptive with the concept of using consensus decision-making process to impose sanctions and changes. Therefore, a watered-down ASEAN Charter was adopted portraying the un-readiness of the member countries to diverge away from the ‘ASEAN Way’ that had been implemented for the past 40 years. Despite the addition of two new principles that touches on the collective responsibility and enhancing consultation, the ASEAN Charter still does not exhibit the transformation of ASEAN as crafted by the EPG. The Charter also fails to provide pertinent mechanisms to address certain issues such as security and safety disputes. Hence, this article is written to confer the weaknesses of the ASEAN Charter and how important it is for ASEAN to move away for the usual norm of the ‘ASEAN Way’ in order to become a puissant organisation. Universiti Utara Malaysia Press 2016 Article PeerReviewed application/pdf en http://repo.uum.edu.my/25133/1/UUMJLS%207%2C%2083-94%20%282016%29.pdf Ahmad, Abdul Razak (2016) The Asean Charter: An Analysis. UUM Journal of Legal Studies (UUM JLS), 7. pp. 83-94. ISSN 2229-984 X http://www.uumjls.uum.edu.my/index.php/previous-issues/154-uum-journal-of-legal-studies-jls-vol-7-2016#j1
institution	Universiti Utara Malaysia
building	UUM Library
collection	Institutional Repository
continent	Asia
country	Malaysia
content_provider	Universiti Utara Malaysia
content_source	UUM Institutionali Repository
url_provider	http://repo.uum.edu.my/
language	English
topic	KZ Law of Nations
spellingShingle	KZ Law of Nations Ahmad, Abdul Razak The Asean Charter: An Analysis
description	The adoption of the ASEAN Charter in 2007 was believed to have transformed ASEAN to become a more institutional organisation with a profound framework and inclusive principles that act as a guideline to assist the process of disputes settlement and decision-making between the member countries. When the Eminent Persons Group (EPG) representing each of the countries addressed two main issues related to the recommendations to reform the norm and principles of ASEAN as well as the rights of the member countries to be put into the Charter, the ASEAN leader were not very receptive with the concept of using consensus decision-making process to impose sanctions and changes. Therefore, a watered-down ASEAN Charter was adopted portraying the un-readiness of the member countries to diverge away from the ‘ASEAN Way’ that had been implemented for the past 40 years. Despite the addition of two new principles that touches on the collective responsibility and enhancing consultation, the ASEAN Charter still does not exhibit the transformation of ASEAN as crafted by the EPG. The Charter also fails to provide pertinent mechanisms to address certain issues such as security and safety disputes. Hence, this article is written to confer the weaknesses of the ASEAN Charter and how important it is for ASEAN to move away for the usual norm of the ‘ASEAN Way’ in order to become a puissant organisation.
format	Article
author	Ahmad, Abdul Razak
author_facet	Ahmad, Abdul Razak
author_sort	Ahmad, Abdul Razak
title	The Asean Charter: An Analysis
title_short	The Asean Charter: An Analysis
title_full	The Asean Charter: An Analysis
title_fullStr	The Asean Charter: An Analysis
title_full_unstemmed	The Asean Charter: An Analysis
title_sort	asean charter: an analysis
publisher	Universiti Utara Malaysia Press
publishDate	2016
url	http://repo.uum.edu.my/25133/1/UUMJLS%207%2C%2083-94%20%282016%29.pdf http://repo.uum.edu.my/25133/ http://www.uumjls.uum.edu.my/index.php/previous-issues/154-uum-journal-of-legal-studies-jls-vol-7-2016#j1
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score	13.211869

The Asean Charter: An Analysis

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