THE DISPUTE SETTLEMENT MECHANISM OF ASEAN, DOES IT WORK?

Abstract

Community integration for mutual prosperity and security is a big task of ASEAN that has a wide range of challenges. One of these areas is the peaceful settlement of dispute. As it aims to settle disputes that arise in all fields of cooperation; subsequently, many protocols had been adopted under the ASEAN Charter 2007 including the treaty that existed before. The community typically achieves to establish its own dispute settlement mechanism which enables member states to solve their problems in the form of diplomatic negotiation, consultation, good offices, mediation, and conciliation to the quasi-judicial, arbitration, but no court. These are a wide range of options that member states commit themselves to settle dispute amicably and peacefully under the 1976 Treaty of Amity and Cooperation in Southeast Asia, the 2004 ASEAN Protocol on Enhanced Disputes Settlement Mechanism and the 2010 Protocol to the ASEAN Charter on Dispute Settlement Mechanism. However, the signatories fail to comply with them and resort to other international organizations which they have more reliance as the World Trade Organization or even the International Court of Justice. If the obligations of the signatories could not be enforced it would not increase the practical value of the commitments undertaking under the ASEAN protocols on the dispute settlement. This article seeks the reasons over the non-use of those procedures and finds some weaknesses on such mechanisms as the limited time-frame of concluding report of the panel and the trust in the implementation of recommendations and rulings.