Regionalism and Conflict Management: A Case Study of the Association of Southeast Asian Nations (ASEAN)

Assoc. Prof. Ramses Amer

ramsesamer@gmail.com

Outline of the paper

• Purpose and structure • Conflict management in the formation of ASEAN• Mechanisms for dispute management within

ASEAN• Dispute management in ASEAN• ASEAN and the management of the South China

Sea Situation• Concluding remarks

Mechanisms for dispute management within ASEAN

• ASEAN Declaration• Declaration of ASEAN Concord • Treaty of Amity and Cooperation (TAC)• Rules of Procedure of the High Council of TAC• Declaration of ASEAN Concord II• Charter of the Association of Southeast Asian

Nations

• ASEAN Political-Security Community Blueprint

Dispute management in ASEAN

• Conflict management in an expanded ASEAN• Preference of bilateral approaches to dealing with

disputes• Possible importance of the Rules of Procedures of

the TAC• Role of ASEAN mainly as norm creator not third-

party mediator• Reconciling regional mechanisms with international

arbitration

ASEAN and the management of the South China Sea Situation

• Intra-ASEAN dimension• Five member-states with claims in the South China and four

of them with claims over the whole or parts of the Spratlys• Reconciling the interests of claimants and of non-claimants

within ASEAN

• ASEAN external relations dimension• ASEAN-China dialogue - DOC• Promoting common norms of behaviour – TAC• Challenge of handling tensions between member-states and

China

Concluding remarks

• ASEAN’s role is to establish basic rules that member-states should abide by

• ASEAN’s role is to adopt mechanisms for dispute management that member-states can utilise

• ASEAN can only act in a dispute if asked to do so by the parties to the dispute

• No intra-ASEAN dispute has been brought to the High Council• China’s accession to the TAC in 2003 expands common norms

and makes the High Council a potential dispute managment mechanims for disputes invloving member-states and China

• DOC usefull but limited, which implies that ASEAN and China should strive to develop new legal arrangements