CHAPTER2.Ahlia Daile.pptx

Articl e 2: Princi  Introduction The ASEAN Charter outlines foundational principles for cooperation among Member States. One key principle is respect for unique characteristics. Non- interference in internal affairs is crucial. Consultation and consensus- building ar...

Articl e 2: Princi  Introduction The ASEAN Charter outlines foundational principles for cooperation among Member States. One key principle is respect for unique characteristics. Non- interference in internal affairs is crucial. Consultation and consensus- building are integral to decision- making. Detailed Analysis of Principles:  Respect for the independence, sovereignty, equality, territorial integrity and national identity of all ASEAN Member States Respect for Southeast Asia's cultural uniqueness and boundaries is a cornerstone of ASEAN's commitment to promote unity, stability, and prosperity. Example: The Philippines claims Sabah as part of their territory historically under Spanish rule  Shared commitment and collective responsibility in enhancing regional peace, security and prosperity ASEAN members are committed to peace, economic growth, and integration, fostering collaboration, diplomatic initiatives, and joint projects for a brighter future. Example: ASEAN's role in mediating conflicts, such as the Myanmar crisis, demonstrates the collective effort to maintain regional peace and security.  Renunciation of aggression and of the threat or use of force or other actions in any manner inconsistent with international law ASEAN's commitment to peace and security is evident in its commitment to peaceful conflict resolution, fostering trust, cooperation, and confidence-building in Southeast Asia. Example: The ASEAN Treaty of Amity and Cooperation (TAC) It is a document that promotes peace and harmony among countries in Southeast Asia. It sets up a system for resolving conflicts in a peaceful way, without resorting to violence or war. By having this treaty in place, countries in the ASEAN region can work together to solve problems peacefully and avoid  Reliance on peaceful settlement of disputes ASEAN members utilize diplomatic channels and negotiation to resolve disputes, demonstrating commitment to peace and cooperation. This approach fosters trust, productive discussions, and unity within the region, promoting mutual respect and cooperation. Example: The Philippines and Malaysia have engaged in numerous bilateral talks to resolve maritime disputes, demonstrating a commitment to peaceful settlement.  Non-interference in the internal affairs of ASEAN Member States ASEAN fosters peace and trust through mutual respect, promoting collaboration and cooperation in economic, social, and cultural policies, thereby strengthening unity and addressing regional issues. Example: The 2014 military coup in Thailand. While many countries expressed concerns about the situation, most refrained from direct intervention, respecting Thailand's sovereignty and allowing it to address the issue internally.  Respect for the right of every Member State to lead its national existence free from external interference, subversion and coercion ASEAN members uphold independence in national development, respecting national sovereignty in economic and political matters. This principle promotes trust, cooperation, and mutual respect, allowing each state to progress on its own terms, fostering peace and Example: Ukrainian War: The ongoing war in Ukraine is another example of a conflict in which external powers are interfering in the internal affairs of a sovereign nation. Russia's invasion of Ukraine in 2022 has led to a devastating humanitarian crisis and has had a major impact on the global economy.  Enhanced consultations on matters seriously affecting the common interest of ASEAN ASEAN is promoting peace through cooperation on regional issues, fostering a united approach that encourages the exchange of ideas, best practices, and experiences, ultimately fostering a more prosperous and sustainable Southeast Asian region. Example: ASEAN Summits and ministerial meetings provide platforms for member states to discuss shared challenges and opportunities.  Adherence to the rule of law, good governance, the principles of democracy and constitutional government ASEAN members promote rule of law, transparent governance, and democratic principles. Legal frameworks ensure justice and fairness. Singapore has strict anti- corruption laws. Indonesia requires disclosure of financial assets. Thailand holds regular elections for citizens to participate in governance. ASEAN fosters  Respect for fundamental freedoms, the promotion and protection of human rights, and the promotion of social justice ASEAN members prioritize human rights, civil liberties, and social equity, promoting inclusivity and accountability. Singapore protects LGBTQ+ groups, while Malaysia implements affirmative action policies for marginalized communities. They also address economic disparities and promote inclusive growth. Example: ASEAN's adoption of the ASEAN Human Rights Declaration is a step towards promoting and protecting human rights in the region. The AICHR is a key institution established to promote and protect human rights in the ASEAN region.It comprises representatives from each member state, who work together to raise awareness, develop policies, and address human rights concerns.  Upholding the United Nations Charter and international law, including international humanitarian law, subscribed to by ASEAN Member States ASEAN upholds international law and UN Charter principles, promoting peace and stability in Southeast Asia. Members address global issues, fostering cooperation and shaping the region's future. Example: ASEAN's participation in UN peacekeeping missions demonstrates its adherence to international law and commitment to global peace and security.  Abstention from participation in any policy or activity, including the use of its territory, pursued by any ASEAN Member State or non-ASEAN State or any non- State actor, which threatens the sovereignty, territorial integrity or political and economic stability of ASEAN Member States ASEAN prioritizes sovereignty, security, and stability, preventing terrorists from establishing safe havens. This commitment to peace and cooperation fosters trust and cooperation, promoting peaceful coexistence and prosperity.. Example: Joint Maritime Security Patrols  Respect for the different cultures, languages and religions of the peoples of ASEAN, while emphasising their common values in the spirit of unity in diversity The ASEAN Economic Community promotes cultural unity and heritage preservation in the region, fostering growth and fostering political unity for peace and stability. Example: ASEAN's cultural exchange programs and festivals promote mutual understanding and appreciation of diverse cultures.  The centrality of ASEAN in external political, economic, social and cultural relations while remaining actively engaged, outward-looking, inclusive and non-discriminatory ASEAN promotes regional cooperation, trade, investment, and community enhancement through initiatives like AEC, ASCC, and strategic partnerships, aiming for a balanced strategy for global peace. Example: ASEAN-US Summit The ASEAN-US Summit is a regular meeting between the leaders of the Association of Southeast Asian Nations (ASEAN) and the United States. The summit is a key part of ASEAN's outreach to major powers, and it covers a wide range of issues, including trade, investment, security, and human rights.  Adherence to multilateral trade rules and ASEAN’s rules-based regimes for effective implementation of economic commitments and progressive reduction towards elimination of all barriers to regional economic integration, in a market-driven economy ASEAN fosters economic growth through initiatives like AFTA and RCEP, promoting free trade, economic integration, and support for the multilateral trading system. Example: The ASEAN Free Trade Area (AFTA) is a concrete example of ASEAN's efforts to reduce trade barriers and promote economic integration. CHAPTER II LEGAL  ARTICLE 3 LEGAL PERSONALITY OF ASEAN Introduction The legal personality conferred upon ASEAN is a significant development, allowing it to act as a legal entity and engage in international transactions and interactions. This article explores the concept and its implications for ASEAN.  Legal Personality Legal personality refers to the capacity of an entity to hold rights and obligations, to sue and be sued, and to enter into contracts. In essence, it is the recognition of an entity as a legal person under the law. ASEAN AS A LEGAL PERSON This means that ASEAN can: Own property: ASEAN can acquire and hold assets, such as buildings, land, and financial resources. Enter into contracts: ASEAN can engage in contractual relationships with other states, international organizations, and private entities.  Sue and be sued: ASEAN can initiate legal proceedings to protect its rights and interests, and it can also be held liable for its actions. Enjoy privileges and immunities: ASEAN can benefit from certain immunities and privileges, such as diplomatic immunity for its officials. Implications of Legal Personality  Enhanced international standing: ASEAN's ability to act as a legal person enhances its credibility and influence on the global stage. Facilitated cooperation: Legal personality enables ASEAN to effectively implement its programs and projects, fostering cooperation among member states. Strengthened dispute resolution: ASEAN can now more effectively address disputes among member states or with third parties through legal mechanis Expanded role in global governance: