THE IMPLICATIONS OF ASEAN WAY TOWARDS DISPUTE SETTLEMENT IN ASEAN

Abstract

International relations held between countries, either towards individually or among
countries within the same International Organization are not always well established. From
its inception and at the initial phase of its development, the main purpose of ASEAN was to
maintain peace and security among the member countries. To date, the settlement of disputes
in ASEAN still cause confusion regarding the regulations, mechanism and method of work.
This is primarily due to the ASEAN Way as an approach that emphasizes "at a pace
comfortable for all" for all ASEAN member countries, and is characterized by elements of
non-interference and consensus. At the early stage, disputes among ASEAN member States
are usually negotiated and formulated through the ASEAN Way. However, these disputes are
often difficult to resolve due to various constraints, in particular the existence of ambiguous
provisions which make the implementation of the provisions in the resolution of the dispute
become difficult. With this background, several problems that arise are as follows: How is the
formulation of the problem? How is the dispute settlement mechanism in ASEAN
implemented? What are the impacts of the ASEAN Way towards the dispute resolution
mechanism in ASEAN? What are the challenges and obstacles in resolving disputes in
ASEAN? This study uses a Sociological-Legal approach which is focused on the existing
cases combined with the use of secondary data sources and qualitative analysis. This study
showed that the primary instruments pertaining to dispute settlement mechanism in ASEAN
are the Treaty of Amity and Cooperation (TAC), Dispute Settlement Mechanism (DSM),
Enhanced Dispute Settlement Mechanism (EDSM), and ASEAN Way. The ASEAN Way has
an impact on both security and regional stability. However, the rule of law is usually absent
in the settlement of the dispute. Consequently, the dispute may reoccur or have an impact on
the same dispute later in the future. Challenges and barriers that often happen include the lack
of ratification of ASEAN member States towards the ASEAN instruments regarding dispute
settlement and also lack of trust towards fellow Member States.
Keywords : Implications, ASEAN Way, Mechanism, Dispute Settlement