Asian Integration Establishment Through Law

Introduction

Asia is the largest and most populous continent in the world, with about 3.3 billion people, nearly three fifths of the world’s population. Asian countries have a deep and virtual connection thru its culture, lifestyle, and it is bound geographically. We have the same destiny to bring our region and our countries especially to be better in economic and developing aspects. We face the same challenges and we need to cooperate to create as big as opportunity we could get. Some cooperation agreements have been made to achieve this goal.

The Association of Southeast Asian Nations (ASEAN) was established on 8th August 1967 by the five its founding countries: Indonesia, Malaysia, Singapore, Philippine and Thailand.[1] It has been one of the most significant multilateral groups for the last forty-five years in Asia.

The 13th ASEAN Summit in 2007 agreed that narrowing the development gap remains an important task, which will ensure that the benefits of ASEAN’s integration efforts are fully realized.[2] The overall goal of the Hanoi Declaration on Narrowing the Development Gap (NDG) is to promote, through concerted efforts, effective cooperation and mutual assistance to narrow the development gap among ASEAN Member States (AMS) and between ASEAN and the rest of the world.[3]

ASEAN was not only help the development of Asian Economic; it also helped prevent interstate conflicts in Southeast Asia, despite several brewing territorial disputes in the region.[4] The rule of law has play important role in pursuit the ASEAN’s aspirations. Respect justice and the rule of law are explicitly mentioned in the ASEAN 2020 vision as a precondition for a peaceful and stable Southeast Asia.[5] The rule of law is needed as a legal jurisdiction of states to maintain and obey the rules, treaty, and agreement among each other. The Rule of Law can exist in the international legal order persists because that order is horizontal in nature. There is no supra-national authority to impose rules; jurists rely on the concept of consent by states to explain the binding nature of international law.[6]

Therefore, there is a close relation between Asian Integration Establishment and International Law.

• Main Issue

Conflict and dispute between Asian countries could create the obstacles between trans-nation relations toward the establishment of Asian Integration. Presently, the biggest potential for conflict in the region lies in the disputed islands in the South China Sea. It is a dispute over territory and sovereignty over ocean areas and the Paracels and the Spratlys - two island chains claimed in whole or in part by a number of countries (China, Vietnam, Philippine, Brunei, and Malaysaia).[7] Alongside the fully-fledged islands, there are dozens of uninhabited rocky outcrops, atolls, sandbanks and reefs, such as the Scarborough Shoal.

It was reported that the most serious trouble in recent decades has flared between Vietnam and China. The Chinese seized the Paracels from Vietnam in 1974, killing more than 70 Vietnamese troops. In 1988 the two sides clashed in the Spratlys, when Vietnam again came off worse, losing about 60 sailors.[8] Not only that, the Philippines has accused China of building up its military presence in the Spratlys. The impact of the dispute, Vietnam was becoming one of the nations that refused to stamp new editions of Chinese passports, which include a map showing disputed areas of the South China Sea as Chinese territory. It is one of the political impacts of the disputes that can ruin the relations among Asian Countries. It does affect the Asian Integration as well.

In January 2013, China was taken to a United Nations (UN) tribunal under the auspices of the UN Convention on the Laws of the Sea, to challenge its claims in the South China Sea. International Court of Justice Decision on case (19 November 2012) has several implications for the South China Sea disputes, particularly with respect to the status of the disputed maritime features under the 1982 UN Convention on the Law of the Sea (UNCLOS).[9]

South China Sea Dispute was not the only conflict face by Asian region. There was also dispute conduct between Cambodia and Thailand. It concerns the shared land border, which separates both countries and stretches approximately 499 miles. The most contentious area in this dispute is the area surrounding the Temple of Preah Vihear.[10] This conflict has affected the diplomatic relation between the two countries and could threaten the implementation of Asian Integration.

• Initiatives To Enhance Regional Cooperation

Political and Security, Socio-Cultural, and Economic are the three pillars of ASEAN.[11] The Basic mechanisms to deepen initiatives to enhance regional cooperation, Collaboration and coordination are needed. Steps that we could take is by taking:

• Jurisdiction Action

The rule of law has a big role to settle the disputes. Dispute Settlement has been regulated in some of Asian Regional Agreement.[12] However, ASEAN needs a more effective law with concrete conflict prevention measures and a military tight agreement to prevent solve the dispute among the members countries.

• Economic Action

Improve and strengthen the economic and trade ties among Asian Region. Free Trade Agreements (FTAs) is one the regional agreement to achieve the economic development in ASEAN. It has been established since June 1992 to seek The primary goals of AFTA seek to increase ASEAN’s competitive edge as production base in the world market through the elimination, within ASEAN, of tariffs and non-tariff barriers and to attract more foreign investment to ASEAN.[13] It is a good way to help Asian Integration thru economic action. The implementation, quality, and realization need to be improved.

• Political Action

Maintain and strengthen the diplomatic and political relations. Politic is one of the most influential factors to build international relation. It is a soft way but have a big impact toward Asian Integration.

• Academic Action

Improving the quality of academic could lead to better human resources. It can give more contributions toward the Asian Integration Establishment. Good human resources can create good law, improve economic and trade activities, and maintain peaceful environment by build the good political and diplomatic relation.

• Conclusion

To achieve the main goal of Asian Integration, the main pillars of the ASEAN: Political and Security, Socio-Cultural, and Economic are need to be implemented. The rules of law play an important rule to maintain stability and establish good cooperation among Asian countries.

• Bibliography

ASEAN CHARTER

Agreement on The Common Effective Preferential Tariff For The ASEAN Free Trade Area

BBC News, , http://www.bbc.co.uk/news/world-asia-pacific-13748349

Chief Justice Sundaresh Menon,

Declaration on ASEAN Concord II

East Asia Forum,

Initiative for ASEAN Integration (IAI) Strategic Framework and IAI Work Plan 2 (2009-2015)

Joshua Kurlantzick,

Pou Sothirak, Cambodia’s Border Conflict with Thailand, Southeast Asian Affairs 2013

United Nations Convention on the Law of the Sea

[1] Bangkok Declaration

[2] Initiative for ASEAN Integration (IAI) Strategic Framework and IAI Work Plan 2 (2009-2015), Para.2

[3] Ibid, Para.3

[4] Joshua Kurlantzick, ASEAN’s Future and Asian Integration, November 2012

[5] ASEAN Vision 2020

[6] Chief Justice Sundaresh Menon, Asean Integration Through Law, 25th August 2013, Para.5

[7] BBC News, South China Sea Dispute, http://www.bbc.co.uk/news/world-asia-pacific-13748349

[8] Ibid

[9] East Asia Forum, South China Sea dispute dynamics

[10] Pou Sothirak, Cambodia’s Border Conflict with Thailand, Southeast Asian Affairs 2013

[11] Declaration on ASEAN Concord II

[12] ASEAN Charter, Chapter VIII, Art. 22-28; Agreement On The Common Effective Preferential Tariff Scheme For The ASEAN Free Trade Area (AFTA), Art.9 & 30; United Nations Convention on The Law of The Sea (UNCLOS), Art.186-188, 264, 280, 285

[13] Agreement On The Common Effective Preferential Tariff Scheme For The ASEAN Free Trade Area