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Hao Duy Phan (SJD) Centre for International Law (CIL)
National University of Singapore
4th Biennial Conference of the Asian Society of
International Law New Delhi, 14-16 November 2013
ASEAN and Intra-Regional Security: A Historical Extrapolation into the Future
Introduction
2
Conflict Management
Dispute Settlement
Norms for Peaceful Relations and Settlement of Disputes
1976 Treaty of Amity and Cooperation
3
Peace
Security
Peaceful settlement of disputes
Non-use of force
1976 Treaty of Amity and Cooperation
First regional dispute settlement mechanism
Dispute settlement procedure
4
First binding instrument
Disputes
Not relating to ASEAN instruments
Protocol on Enhanced Dispute Settlement Mechanism
Relating to an instrument that has specific dispute settlement mechanisms
Mechanism provided for in that instrument
2007 ASEAN Charter
DSMs for All Areas of Cooperation
Settlement Mechanisms
Arising from ASEAN economic agreements
Treaty on Amity and Cooperation
Relating to the ASEAN Charter and instruments that do not have DSM
“Appropriate mechanisms, including arbitration”, to be established
Your Logo
2010 2012 2007
ASEAN Charter
Protocol signed
Protocol completed
2010 Protocol to the ASEAN Charter on Dispute Settlement Mechanisms
2010 Protocol to the ASEAN Charter on Dispute Settlement Mechanisms
Consultation
Arbitration
ASEAN
Coordinating Council
Direct the parties to resolve the
dispute
Enforcement and Compliance
Compliance
Affected party may refer non-compliance
to the ASEAN Summit
ASEAN Secretary-General monitors
compliance
ASEAN Summit
9
Unresolved Disputes
Unresolved Disputes
Referred to
10
Development of Norms and Mechanisms for Peaceful Settlement of Disputes
1967 Bangkok
Declaration
1976 Treaty of Amity and Cooperation
2007 ASEAN Charter
2010 Protocol on
Dispute Settlement
Mechanisms
Comprehensive dispute settlement procedure
Normative Environment for Peaceful Relations
Dispute settlement mechanisms in all fields of cooperation
Step forward
No
rm
s
Management of Intra-Regional Conflicts
Disputes between ASEAN member states 1
Threatening regional peace and security 2
Critical points in time for ASEAN 3
1 Reflecting ASEAN’s role and efforts 4
Preah Vihear Dispute
Sabah Dispute
12
Sabah Dispute
ASEAN and the Sabah Dispute
13
Jul 1968
• ASEAN Ministerial Meeting in Jakarta, Indonesia
Dec 1968
• ASEAN Ministerial Meeting in Bangkok, Thailand
Dec 1969
• ASEAN Ministerial Meeting in Cameron Highlands, Malaysia
14
ASEAN and the Sabah Dispute
Diplomatic relations resumed “because of the great value Malaysia and the Philippines placed on ASEAN”
15
Preah Vihear Temple Dispute
BBC
2010
ASEAN Foreign Ministers Meeting: •Offered to be a facilitator for dialogue •Discussed ASEAN Contact Group proposal
•Thailand was ASEAN’s Chair. •The dispute began to fade in the background of ASEAN agenda
Aug 2008 –
Dec 2009
Jul 2008
16
•Cambodia invoked the ASEAN Charter and requested Vietnam to provide mediation. •Vietnam took no further action when Thailand insisted the dispute was a bilateral issue.
The Preah Vihear Dispute – ASEAN’s Initial Efforts 2008-2010
A Conducted shuttle diplomacy and worked with SC
B Held ASEAN meetings and persuaded the parties to agree on observer mission
C Facilitated negotiation of TOR for Observer Mission
Made extra efforts to help Cambodia and Thailand to
agree on TOR
17
D
The Preah Vihear Dispute – The Role of Indonesia
Bringing the parties together and diplomacy
back
Cooling down the temper and
restarting the negotiation.
18
ASEAN and Intra-Regional Security
Adding pressure and
encouragement for the parties to
agree to end hostilities
Sustainable? Consistent? Effective?
Political will
Institutional Designing
Decision-making method
ASEAN and Intra-Regional Security
20
Thank you!
Hao Duy Phan (S.J.D.)
Research Fellow, Centre for International Law (CIL)
National University of Singapore
Email: [email protected]
Website: www.cil.nus.edu.sg
