ASEAN’s responsibilities towards regional peace and security under the light of international law

Abstract

After more than 50 years of existence and development, the Association of Southeast Asian Nations (ASEAN) has established itself as one of the significant players in the international community. This oldest as well as biggest international organization was believed to be the 5th most substantial economy in the world in 2020. Apart from contributing to the economic development of the region, ASEAN has also paid great attention to its political goals, one of which is to maintain and enhance peace, security and stability in the Southeast Asian region. With respect to this function, ASEAN has been excoriated for its ineffective performance and indolent reactions to regional precarious situations such as the Myanmar's Rohingya crisis and the chronic disputes in the East Sea. Hence, most criticisms called for a more compelling and active ASEAN in order to fulfill its role as a guardian of regional peace and security. Simon Chesterman, Dean of the Faculty of Law, National University of Singapore, posed a question: ``does ASEAN exist?'' In order to answer to such a broad question, this paper analyse the legal personality of ASEAN under the light of international law, which confirms the independence of ASEAN from member states as an actor of international system. Next, the paper examine the legal powers of ASEAN used to respond to regional security related issues. Finally, the paper establishes that ASEAN has legal obligation to settle any disputes that affect the peace and security of the region.