POLIT SC 11- INTERNATIONAL LAW (Group 5)

INTERNATIONAL LAW AND THE ASSOCIATION OF SOUTHEAST ASIAN

NATIONS

I. Brief Description of Association of Southeast Asian Nations

 The Association of Southeast Asian Nations (ASEAN), was established on 8
August 1967 in Bangkok, Thailand, with the signing of the ASEAN Declaration
(Bangkok Declaration) by the Founding Fathers of ASEAN, namely Indonesia,
Malaysia, Philippines, Singapore and Thailand.
 Currently, it is composed of 10 countries: Brunei Darussalam, Cambodia,
Indonesia, Lao People's Democratic Republic, Malaysia, Myanmar, Philippines,
Singapore, Thailand, and Vietnam.
 It based on three basic principles: respect for state sovereignty, non-
intervention, and renunciation of the threat or use of force in resolving
disputes.

 ASEAN's objectives are, to accelerate economic growth, social progress and

cultural development in the region and to promote regional peace and stability.
In doing so, it sought to abide respect for justice and the rule of law in the
relationship among countries in the region and adhere to the principles of the
United Nations Charter

 ASEAN was not a security-oriented structure. Despite the latter objective,

ASEAN politicians made it clear from the outset that the organization would not
deal directly with security matters of political controversies. ASEAN refused to
present itself as a security bloc because it wished to avoid the polarizing effects
of such a position on the other states of the region.

II. Concerns, Manifestations, and Issues addressed by ASEAN

1. Economy, trade
ASEAN is aspiring to be an integrated economic community similar to the
European Union. This integration means there should be less and less barriers to
trade among ASEAN countries.
This means the tamarind candy from Thailand will be much cheaper and
easier to access even in Cebu. And mangoes from Iloilo would be easy to buy from a
Singapore convenience store. Economic officials from all over the region will likely
be discussing updates on how their countries are working to implement trade
policies standardized by ASEAN.
2. Business, private investments
Aside from government officials talking economy, businessmen all over
Southeast Asia will also be participating in the Summit through the ASEAN Business
Advisory Council (ABAC). Leaders of chambers of commerce and major business
leaders are supposed to give feedback to ASEAN on its efforts to integrate the
economies of member countries.
They will also suggest ways to improve the investment environment in the
region so that, for example, one company in Indonesia can put up a factory in
Vietnam. There’s also work in helping Southeast Asian micro, small, and medium
enterprises (MSMEs) scale up by giving them access to markets, not just in their
home country, but in other ASEAN countries as well. (READ: 12 ASEAN brands that
have gone global)

Submitted by: Achawon, Jordan Lee, Lagayan Graham Bas, Barbero, Baby Angel, Fabricante,
Crisalyn, Mejia Julia, and Santos, Ruena.

Submitted to: Atty. Bernard Padang

POLIT SC 11- INTERNATIONAL LAW (Group 5)

3. Terrorism, extremism, piracy

Acts of terror and piracy are of grave concern to all ASEAN countries.
The Philippines and Indonesia, especially, have had to deal with Muslim extremists
perpetrating acts of terror on their soil. Archipelagic countries also often have to
contend with pirates or terrorists endangering trade via sea lanes. Heads of
government and their defense and security ministers will be discussing ways to
better coordinate with each other to address this common security threat.
4. Transnational crime
Smuggling of goods and persons, and trafficking of illegal drugs are
just some of the crimes that cross national borders and thus require a regional or
multinational approach. For years, ASEAN countries have been working together to
seize shipments of drugs or catch poachers who hop from one country to another to
evade the law. Country leaders and security officials will be discussing progress
made on this front and what still needs to be done to work with each other more
effectively.
5. South China Sea dispute
This body of water is of huge importance, not just to ASEAN, but to the
rest of the world because some 80% of the world’s traded goods pass through here.
But China, an ASEAN dialogue partner, is claiming virtually all of the sea while 4
ASEAN countries are claiming parts of it. Freedom of navigation and passage, as
well as global trade, is at stake in this issue. ASEAN and China finally came up with
a Framework for a Code of Conduct on how claimants must behave in the South
China Sea. They are expected to start work on the Code of Conduct itself. ASEAN
has repeatedly come under fire for bowing to Chinese pressure to water down its
statements against China’s increasing militarization and aggressive acts, such as
land reclamation, in the disputed sea. (FAST FACTS: South China Sea dispute)
6. North Korea’s missile launches
Though a long-time security issue, it was only in recent months that
North Korea’s missile-launching capabilities now pose an immediate threat to
nearby Southeast Asia. ASEAN, which invites a North Korean representative to its
summits, has condemned the missile launches despite the rogue nation’s pleas for
the regional bloc to take its side. Other players in the unfolding diplomatic saga are
going to be in Manila for the Summit, including US President Donald Trump, South
Korean President Moon Jai-in, Japanese Prime Minister Shinzo Abe, and Chinese
Premier Li Keqiang.
7. Sustainable development, climate change, disasters
Many ASEAN countries are primarily agricultural with the economy
dependent on the climate and weather. With storms, tsunamis, earthquakes a
regular occurrence, Southeast Asian nations work together in preparing for disaster
and assisting each other during recovery and rehabilitation. All are also affected by
slow-onset phenomena like rising sea levels, warming seas, and warming climes.
Thus, economies that are earth-friendly and sustainable are something ASEAN
aspires for.
8. Human rights violations (i.e., Rohingya Crisis)
There have been calls for ASEAN to discuss and address the Rohingya
crisis as a region. Since 2012, Myanmar’s Rohingya Muslims have been on the run
from state persecution, living in refugee camps in Indonesia, Thailand, Malaysia,
India, or Bangladesh, or in overcrowded ships off the coast of ASEAN countries. The
problem has become a massive humanitarian crisis, especially after reports that
some Rohingyas are falling victim to human trafficking syndicates.
Submitted by: Achawon, Jordan Lee, Lagayan Graham Bas, Barbero, Baby Angel, Fabricante,
Crisalyn, Mejia Julia, and Santos, Ruena.

Submitted to: Atty. Bernard Padang

POLIT SC 11- INTERNATIONAL LAW (Group 5)

There are other human rights issues plaguing ASEAN countries today,
such as the controversial Philippine drug war helmed by President Rodrigo Duterte
and the military rule in Thailand. But these issues are rarely discussed in ASEAN
because of the bloc’s principle of non-interference in each other's domestic issues.

III. Structural Challenges to Asean's Constitutionalization of

International Law

 Several immediate and short-term challenges from the increased

constitutionalization of international obligations, such as 1) the problem of
incorporation (or lack of direct effect) obligations; 2)The Problem of Hybrid
Interpretation ; 3) The Problem of Diffuse or Insufficient Judicial Oversight
within the ASEAN [ CITATION Des10 \l 13321 ]

 The ASEAN Charter and the ASEAN Intergovernmental Commission on Human

Rights (AICHR) - examines ASEAN's overarching framework for environmental
governance, its normative culture of decision-making, and how the Charter
and AICHR could potentially offer significantly divergent paths for the
Association in light of its environmental and human rights challenges. It
particularly examines how the limitations of ASEAN's elite governing and
decision-making norms constrain the possibilities for an expansive civil
society under the Charter and AICHR in these areas, and the challenges of
integrating environmental and human rights paradigms within this context
[ CITATION Abd12 \l 13321 ]

 International law can influence, discipline, and indeed civilize

international Some of the major political accords of ASEAN are as follows:

 ASEAN Declaration, Bangkok, 8 August 1967

 Five leaders – the Foreign Ministers of Indonesia, Malaysia, the
Philippines, Singapore and Thailand – sat down together in the main
hall of the Department of Foreign Affairs building in Bangkok, Thailand
and signed a document.
 The five Foreign Ministers who signed it – Adam Malik of Indonesia,
Narciso R. Ramos of the Philippines, Tun Abdul Razak of Malaysia, S.
Rajaratnam of Singapore, and Thanat Khoman of Thailand-  hailed as
the Founding Fathers.
 It declared the establishment of an Association for Regional
Cooperation among the Countries of Southeast Asia to be known as
the Association of Southeast Asian Nations (ASEAN).

 Zone of Peace, Freedom and Neutrality Declaration, Kuala Lumpur,

27 November 1971
 The meeting was attended by the Minister of Foreign Affairs of Indonesia
His Excellency Tun Adam Malik, the Prime Minister and Minister of Foreign
Affairs of Malaysia His Excellency Tun Abdul Razak bin Dato Hussein, the
Secretary of Foreign Affairs of the Philippines His Excellency Dr. Carlos P.
Romulo, the Minister of Foreign Affairs of Singapore His Excellency Mr S.
Rajaratnam and the Special Envoy of the National Executive Council of
Thailand His Excellency Tun Thanat Khoman. 
 The Foreign Ministers and the Special Envoy signed and issued
Declaration in which they stated their determination to exert initially
necessary efforts to secure the recognition of and respect for Southeast

Submitted by: Achawon, Jordan Lee, Lagayan Graham Bas, Barbero, Baby Angel, Fabricante,
Crisalyn, Mejia Julia, and Santos, Ruena.

Submitted to: Atty. Bernard Padang

POLIT SC 11- INTERNATIONAL LAW (Group 5)

Asia as a Zone of Peace, Freedom and Neutrality, free from any form or
manner of interference by outside Powers.

 Declaration of ASEAN Concord, Bali, Indonesia, 24 February 1976

 The President of the Republic of Indonesia, the Prime Minister of Malaysia,
the President of the Republic of the Philippines, the Prime Minister of the
Republic of Singapore and the Prime Minister of the Kingdom of Thailand.
 To consolidate the achievements of ASEAN and expand ASEAN
cooperation in the economic, social, cultural and political fields.

 Treaty of Amity and Cooperation in Southeast Asia, Bali, 24 February

1976
 to enhance peace, friendship and mutual cooperation on matters
affecting Southeast Asia consistent with the spirit and principles of the
Charter of the United Nations, the Ten Principles adopted by the Asian-
African Conference in Bandung on 25 April 1955, the Declaration of the
Association of Southeast Asian Nations signed in Bangkok on 8 August
1967, and the Declaration signed in Kuala Lumpur on 27 November
1971.
 The settlement of differences or disputes between their countries
should be regulated by rational, effective and sufficiently flexible
procedures, avoiding negative attitudes which might endanger or
hinder cooperation.

 ASEAN Declaration on the South China Sea, Manila, 22 July 1992

 RECALLING the historic, cultural and social ties that bind our peoples
as states adjacent to the South China Sea;
 WISHING to promote the spirit of kinship, friendship and harmony
among our peoples who share similar Asian traditions and heritage;
 RECOGNIZING that we are bound by similar ideals of mutual respect,
freedom, sovereignty and jurisdiction of the parties directly concerned;
that South China Sea issues involve sensitive questions of sovereignty
and jurisdiction of the parties directly concerned;
 RESOLVE, without prejudicing the sovereignty and jurisdiction of
countries having direct interests in the area, to explore the possibility
of cooperation in the South China Sea relating to the safety of
maritime navigation and communication, protection against pollution
of the marine environment, coordination of search and rescue
operations, efforts towards combatting piracy and armed robbery as
well as collaboration in the campaign against illicit trafficking in drugs;

 Treaty on the Southeast Asia Nuclear-Weapon-Free Zone, Bangkok,

15 December 1997
 DETERMINED to take concrete action which will contribute to the progress
towards general and complete disarmament of nuclear weapons, and to
the promotion of international peace and security;
 RECALLING Article VII of the NPT which recognizes the right of any group
of States to conclude regional treaties in order to assume the total
absence of nuclear weapons in their respective territories;
 RECALLING the Final Document of the Tenth Special Session of the United
Nations General Assembly which encourages the establishment of nuclear
weapon-free zones;
Submitted by: Achawon, Jordan Lee, Lagayan Graham Bas, Barbero, Baby Angel, Fabricante,
Crisalyn, Mejia Julia, and Santos, Ruena.

Submitted to: Atty. Bernard Padang

POLIT SC 11- INTERNATIONAL LAW (Group 5)

 RECALLING the Principles and Objectives for Nuclear Non-Proliferation and

Disarmament, adopted at the 1995 Review and Extension Conference of
the Parties to the NPT, that the cooperation of all the nuclear-weapon
States and their respect and support for the relevant protocols is
important for the maximum effectiveness of this nuclear weapon-free
zone treaty and its relevant protocols.

 Declaration on Joint Action to Counter Terrorism, 5 November 2001

 Deeply concerned over the formidable challenge posed by terrorism to
regional and international peace and stability as well as to economic
development,
 Unequivocally condemn in the strongest terms the horrifying terrorist
attacks in New York City, Washington DC and Pennsylvania on 11
September 2001 and consider such acts as an attack against humanity
and an assault on all of us;
 Extend our deepest sympathy and condolences to the people and
Government of the United States of America and the families of the
victims from nations all around the world, including those of our nationals;

 Declaration of ASEAN Concord II, Bali, 7 October 2003

 The Sultan of Brunei Darussalam, the Prime Minister of the Kingdom of
Cambodia, the President of the Republic of Indonesia, the Prime Minister
of the Lao People’s Democratic Republic, the Prime Minister of Malaysia,
the Prime Minister of the Union of Myanmar, the President of the Republic
of the Philippines, the Prime Minister of the Republic of Singapore, the
Prime Minister of the Kingdom of Thailand and the Prime Minister of the
Socialist Republic of Viet Nam;
 RECALLING the Declaration of ASEAN Concord adopted in this historic
place of Bali, Indonesia in 1976, the Leaders of the Association of
Southeast Asian Nations (ASEAN) expressed satisfaction with the overall
progress made in the region;
 COGNIZANT of the interdependence of the ASEAN economies and the
need for ASEAN member countries to adopt “Prosper Thy Neighbour”
policies in order to ensure the long-term vibrancy and prosperity of the
ASEAN region;

 ASEAN Convention on Counter Terrorism (ACCT), 11 January 2007

 The ASEAN Convention on Counter-Terrorism (ACCT) has now been ratified
by all ten ASEAN Member States. Signed by the ASEAN Leaders in 2007,
the ACCT is a significant achievement of ASEAN’s counter-terrorism efforts
as it serves as framework for regional cooperation to counter, prevent and
suppress terrorism and deepen counter-terrorism cooperation. The ACCT
enhances the region’s strategic role in the global strategy on counter-
terrorism.

 Cebu Declaration on the Acceleration of the Establishment of an

ASEAN Community by 2015, 11 January 2007
 the Heads of State/Government of Brunei Darussalam, the Kingdom of
Cambodia, the Republic of Indonesia, the Lao People’s Democratic
Republic, Malaysia, the Union of Myanmar, the Republic of the Philippines,
the Republic of Singapore, the Kingdom of Thailand and the Socialist
Republic of Viet Nam, Member Countries of ASEAN, on the occasion of the
12th ASEAN Summit in Cebu;

Submitted by: Achawon, Jordan Lee, Lagayan Graham Bas, Barbero, Baby Angel, Fabricante,
Crisalyn, Mejia Julia, and Santos, Ruena.

Submitted to: Atty. Bernard Padang

POLIT SC 11- INTERNATIONAL LAW (Group 5)

 ACKNOWLEDGING the prescience of ASEAN Vision 2020 and the significant

and important progress that ASEAN has made towards the goals of that
visionary declaration;
 RECOGNISING that different levels of development within ASEAN require
some flexibility as ASEAN moves towards a more integrated and
interconnected future;[ CITATION Ceb12 \l 13321 ]

 ASEAN Declaration on Joint Action to Counter Terrorism , 5 November

2001;
 Recalling the agreement among Heads of State/Government during the
Second Informal Summit in December 1997 in Kuala Lumpur to take firm
and stern measures to combat transnational crime,
 Reaffirming our primary responsibility in ensuring the peaceful and
progressive development of our respective countries and our region,

 Joint Declaration of the ASEAN Defence Ministers on Promoting

Defence Cooperation for a Dynamic ASEAN Community, 25 May 2016.
 the Defence Ministers of the Kingdom of Cambodia, the Republic of
lndonesia, the Lao People’s Democratic Republic, Malaysia, the Republic
of the Union of Myanmar, the Republic of the Philippines, the Republic of
Singapore, the Kingdom of Thailand, and the Socialist Republic of
Viet Nam, ‘the Minister of Energy and lndustry at the Prime Minister’s
Office of Brunei Darussalam, gathered here in Vientiane, the Lao People’s
Democratic Republic on 25 May 2016 for the 1Oth ASEAN Defence
Ministers’ Meeting (hereinafter referred to as “ADMM”);
 ADHERING with full commitments to the purposes and principles of the
ASEAN Charter that are to serve the interests of the peoples of the ASEAN
Member States and to ensure they live in peace with one another and the
world at large in line with the ASEAN motto “One Vision, One ldentity and
One Caring and Sharing Community”;

CONCLUSION

The ASEAN integration, as it aims to strengthen the prosperous and peaceful

community of Southeast Asian countries, also faces different challenges and
disputes among SEA countries. Such cases of disputes give justice to the very
essence of the ASEAN integration wherein it particularly seeks to help in the
settlement of such issues in order to maintain close and beneficial cooperation
between ASEAN countries. Similarly, the purpose of International Law in attaining
and maintaining peaceful relations between nations is being applied by the ASEAN
integration. The only difference is that the ASEAN integration may be limited to
issues involving Southeast Asian Countries. In totality, they are similar in purpose
only that the International Law is composed purely of laws amongst nations while
the ASEAN integration is purely a union of Southeast Asian countries.
The International Law in relation to the ASEAN provides basis and references
in solving ASEAN issues and problems concerning to the diversity and normative
culture in decision making. In the conference, the international can influence and
discipline the international society and to control the situation for further
negotiation. It codifies the norms, rules and values which provides legal and
institutional framework for the ASEAN. The settlement of treaties and agreements
abide in respect for the justice and rule of law to maintain peace and stability

Submitted by: Achawon, Jordan Lee, Lagayan Graham Bas, Barbero, Baby Angel, Fabricante,
Crisalyn, Mejia Julia, and Santos, Ruena.

Submitted to: Atty. Bernard Padang

POLIT SC 11- INTERNATIONAL LAW (Group 5)

towards negotiation. Moreover, the international law guide the ASEAN in formal
procedures during session in articulating the propose agreement.

REFERENCES:
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from https://www.rappler.com/newsbreak/iq/177305-timeline-asean-50-years-
timeline-agreements-challenges
Ranada, P. (2017, November 12). In a nutshell: Issues up for discussion at 31st
ASEAN Summit. Retrieved from https://www.rappler.com/world/regions/asia-
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1976 Treaty Of Amity And Cooperation In Southeast Asia . (1976). Centre For
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1992 Asean Declaration On The South China Sea. (1992). Centre For International
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5 November 2001. (2012, July 4). Retrieved October 23, 2018, from asean.org:
https://asean.org/?static_post=2001-asean-declaration-on-joint-action-to-
counter- terrorism-bandar-seri-begawan-5-november-2001
Cebu Declaration on th Acceleration of the Establishment of an ASEAN Community
by 2015. (2012, May 14). Retrieved October 23, 2018, from asean.org:
https://asean.org/cebu-declaration-on-th-acceleration-of-the-establishment-
of- an-asean-community-by-2015/
ASEAN Convention on Counter-Terrorism Completes Ratification Process. (2013,
January 22). Retrieved October 2018, 2018, from asean.org:
https://asean.org/asean- convention-on-counter-terrorism-completes-ratification-
process/
Joint Declaration of The ASEAN defence Ministers on Promoting Defence
Cooperation for a Dynamic ASEAN Community. (2016, May 27). Retrieved October
23, 2018, from asean.org: https://asean.org/joint-declaration-of-the-asean-
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community/

Submitted by: Achawon, Jordan Lee, Lagayan Graham Bas, Barbero, Baby Angel, Fabricante,
Crisalyn, Mejia Julia, and Santos, Ruena.

Submitted to: Atty. Bernard Padang