ASEAN Way Research Articles

Whose democratization matters? Understanding the effects of regime change on normative changes in ASEAN

AbstractThis article aims to elucidate the varying effects of democratization in ASEAN members on the normative changes in the core principles of the “ASEAN Way.” Utilizing a regional-centric approach that emphasizes ASEAN members’ agency, the article posits that two critical variables shape the changing trajectory of ASEAN norms: ASEAN members' democratic performances and their regional status. While an ASEAN member’s democratic performance influences its willingness to advocate for normative changes, its regional status is also crucial in determining its capability to implement changes by navigating the divergent interests among ASEAN members. Only the ASEAN member with a high-quality democratic performance at home and recognized regional leadership can effectively bring about normative changes to ASEAN norms. Otherwise, either the domestic democratic deficit or a lack of leadership status will hinder the ASEAN members’ efforts to promote normative changes. Using the process-tracing method, the article empirically focuses on the Philippines, Thailand, and Indonesia for comparative case studies. The findings reveal that the Philippines’ poor democratic performance since the democratic restoration in 1986 has hindered its motivation to push for normative changes in ASEAN, rendering the Philippines a reluctant promoter. Although Thailand has made notable achievements in democratic consolidation since the downfall of junta rule in 1992, its lack of regional leadership has greatly limited its capability to reconcile the divergent interests among ASEAN members, resulting in the failure of its “flexible engagement” initiative. Conversely, Indonesia, with a high-quality democratic performance at home and bolstered by its regional leadership status, successfully brought significant changes to ASEAN norms by facilitating the ASEAN Charter signed in 2007.

Global Cyber Norms Subsidiarity (UN GGE and UN OEWG) within ASEAN’s Body

In the context of cybersecurity, ASEAN plays an important role as a normative extension that carries out norm subsidiarity of UN global cyber norms generated from UN GGE and UN OEWG processes. The subsidiarity of norms promoted by ASEAN serves to place any kind of global issues and global interest at the regional level, as well as regional issues and regional interest at the global level. This paper focuses on the implications of ASEAN as a regional institution in the context of cyber norm subsidiarity toward UN global cyber norms. This paper utilizes Acharya’s norm subsidiarity to explain how ASEAN performs a norm subsidiarity of UN’s cybersecurity norms. We argue that ASEAN’s norm subsidiarity role is possible due to the fact that the UN’s cybersecurity norms to regulate the responsible state behavior in cyberspace from the UN GGE and UN OEWG process were symmetrical to ASEAN Way’s emphasis on prioritization member states’ sovereignty and non-intervention principles. Furthermore, this article finds that the implication of ASEAN’s norm subsidiarity to the region’s own cybersecurity accomplishment is still unidentifiable. This article also finds that there are many factors affecting the process of norm subsidiarity in ASEAN, such as the heterogeneity within the institution and the lack of political will of the member states.

The Asean Stance on Human Rights Violations in Myanmar after the Kudeta

The political and humanitarian crisis engulfing Myanmar following the February 2021 military coup has drawn global attention. This article presents a discussion on human rights and ASEAN's approach to the crisis. Since the coup, Myanmar has witnessed a popular uprising against the military regime, with thousands of casualties and widespread human rights violations. ASEAN, meanwhile, is faced with the dilemma between the principle of non-intervention and the protection of human rights. However, ASEAN has maintained a dialogic approach in dealing with the crisis, reflecting its long-held "ASEAN Way". As such, this article highlights how ASEAN deals with humanitarian challenges and how this unique approach sets it apart from Western countries that are more inclined to engage directly.

The Successful of Strengthening ASEAN Centrality Through the ASEAN Way

Southeast Asia is a region with a strategic geographical location in global politics. History has proven that international political contestation occurred in this region from the era of colonialism at the end of the 16th century until no. This article explores how the Southeast Asian region is still a place of power rivalry and influence of major world powers such as China and the United States and, in the broader scope, the Indo-Pacific region. The research implemented Immanuel Kant's triangle of global politics and liberalism perspective to inquire into ASEAN countries' policy due to regional security and peacebuilding. It also uses literature study as a research method. The result indicates that ASEAN, established in 1967, has played a significant role in regional politics, especially in maintaining security and stability. The success of ASEAN is inseparable from the way ASEAN diplomacy with external partners by holding the principles and values believed by ASEAN member countries, known as the ASEAN Way. The values embodied in The ASEAN Way are vital to ASEAN's success Under The Indo-Pacific Strategy.
 
 Keywords: ASEAN, ASEAN Way, Indo-Pacific, Geo-Politic, Regionalism

Governing AI in Southeast Asia: ASEAN's way forward.

Despite the rapid development of AI, ASEAN has not been able to devise a regional governance framework to address relevant existing and future challenges. This is concerning, considering the potential of AI to accelerate GDP among ASEAN member states in the coming years. This qualitative inquiry discusses AI governance in Southeast Asia in the past 5 years and what regulatory policies ASEAN can explore to better modulate its use among its member states. It considers the unique political landscape of the region, defined by the adoption of unique norms such as non-interference and priority over dialog, commonly termed the ASEAN Way. The following measures are concluded as potential regional governance frameworks: (1) Elevation of the topic's importance in ASEAN's intra and inter-regional forums to formulate collective regional agreements on AI, (2) adoption of AI governance measures in the field of education, specifically, reskilling and upskilling strategies to respond to future transformation of the working landscape, and (3) establishment of an ASEAN working group to bridge knowledge gaps among member states, caused by the disparity of AI-readiness in the region.

“This is not the 90s”: Myanmar and Change in ASEAN’s Normative Order

In this article, we examine the contours of the Association of Southeast Asian Nations’ (ASEAN) response to the latest regional challenge from Myanmar, the 2021 coup. Scholars and practitioners alike often portray ASEAN as a relatively cohesive community of states united in adherence to a long-held and comparatively stable set of norms within the so-called “ASEAN way.” Core among these norms has been domestic non-interference. However, we argue that rather than being determined by a coherent set of agreed norms, ASEAN’s response to this crisis has been shaped by intra-regional contestation and division around how ASEAN ought to enact its particular “way” of regional governance. More narrowly, we show that the ASEAN response has been shaped by contestation over competing normative impulses in the organization—centrality and non-interference—which have developed in increasing tension since the humanitarian disaster after Cyclone Nargis in 2008 and the Rohingya crisis after 2016. We show that in response to these crises, officials from the organization and its member states advanced divergent accounts of what ASEAN ought to do and why, given competing normative commitments to centrality and non-interference. By showing how ASEAN’s response to the 2021 coup is the result of internal contestation within the organization, we support accounts of regional governance in Southeast Asia that stress less the fixity of ASEAN norms than their contestation in practice. To make our argument we analyze more than 250 documents and draw on interviews with regional officials.

The ‘asean Way’ of Women, Peace and Security: Norm Rhetoric or Implementation?

Abstract Women, peace and security (wps) is a global normative agenda that seeks to address the vulnerability and victimization of women in armed conflict situation and recognize their agency to transform post-conflict societies. In over two decades, various international institutions, states, and transnational and domestic civil society groups have taken on various initiatives to advance wps through international policy frames, regional commitments, and national operationalization. In Southeast Asia, even though women’s human rights have gained traction in the region through cross-cutting issues on gender equality and violence against women, not much has been said in the context of these in armed conflict and peacebuilding situations. In fact, to date, the Association of Southeast Asian Nations (asean) was the latest regional body to have adopted a framework for action on wps. This study uses the norm life cycle model to explain the emergence and cascade of wps in the asean and explains the challenges to the internalization of the norm in the region.

Re-imagining asean and the Quest for Peace: Challenges and Prospects for Peacebuilding, Conflict Prevention, and Atrocities Prevention

Abstract This introduction provides a backdrop to the contributions to the special issue of this journal. Specifically, it summarises the main arguments of authors as they addressed the main challenges and prospects for peacebuilding, conflict prevention, and atrocities prevention in Southeast Asia based on select case studies. Among the key themes that this special issue examines are: 1) asean/Southeast Asia’s norms and practices and the stickiness of the ‘asean Way’ against pressures to effectively respond to transborder security threats; 2) the transfer and localisation of global norms like the Responsibility to Protect (r2p); 3) protection of civilians, human rights, and women, peace and security (wps) and 4) regional architecture including the asean Intergovernmental Commission on Human Rights, asean Commission on Women and Children, asean Institute of Peace and Reconciliation, and the asean parliamentarians.

Responding to Atrocities in Myanmar after the February 2021 Coup: Options for asean beyond Normative and Structural Constraints

Abstract This article unpacks the normative and structural challenges facing the Association of Southeast Asian Nations (asean) in responding to and preventing atrocity crimes, focusing on Myanmar. It argues that asean has been ineffective in dealing with the atrocities occurring in Myanmar, particularly after the 2021 coup, due to its adherence to its traditional norms and the “asean Way”. However, faced with the defiance of the junta in Myanmar, asean leaders may be forced to move away from its non-interference principle, and should in fact consider difficult options such as suspension of Myanmar membership in the organisation. By adopting the principle of non-indifference and holding the Myanmar military accountable for its continuing atrocities against civilians, asean could strengthen its credibility not just before the international community but, more importantly, among the people of Myanmar who are no longer willing to tolerate a return to military rule and impunity by security forces.

Conflict Management and Atrocity Prevention in Southeast Asia: Making asean “Fit for Purpose”

Abstract Described as a force for peace since its establishment in 1967, asean is now confronted with a slew of political and security issues that has severely challenged its modalities of addressing regional problems, including the internal conflicts of its member states. The continuing political crisis in Myanmar reflects the kinds of dilemmas faced by asean in keeping to its sticky regional norms and practices while being a responsive and effective regional organisation. As asean struggles to become “fit for purpose”, the paper argues that a negotiated “asean Way”, founded on ideas of positive peace and human security, allows asean to chart a renewed regional agenda for maintaining peace and security in Southeast Asia, while at the same time contributing to comprehensive efforts on managing regional conflicts and preventing atrocities.

Navigating The Storm: ASEAN's Strategy Amidst Two Major Powers

This study aims to analyze ASEAN's stance and approach, particularly in managing confrontational politics amidst major power competition, this article will also demonstrate ASEAN's attitudes and policies in navigating confrontational politics, including how ASEAN leverages its regional community norms to respond to such competition. Through this exploration, the author seeks to delve into the role and theoretical implications of ASEAN as a regional actor grappling with the management of political competition in the rapidly evolving East Asian and Indo-Pacific regionalism. The author used an impartial enmeshment concept and a descriptive qualitative method. The results showed that the intense geostrategic competition between China and the United States has placed ASEAN in a dilemma. ASEAN strives to maintain its centrality in the region by fostering fair, impartial, and neutral cooperation relationships. ASEAN bases its approach on the norms and principles of the organization, such as transparency, openness, inclusivity, good conflict management, and the importance of sovereignty and non-intervention (ASEAN Way). The ASEAN Outlook on the Indo-Pacific (AOIP) is one policy that reflects ASEAN's efforts to build a new framework of cooperation based on its own rule in the region. However, this Southeast Asia organization faces several challenges that can threaten its position.
 Keywords— ASEAN, Indo-Pacific, Impartial, Enmeshment, Geostrategies

Harmonizing Halal in ASEAN: Analysis of Halal Food Guidelines under the ASEAN Way Approach

The research examined how ASEAN is moving towards legislative harmonization in the key economic sector of halal foods. The research investigated how ASEAN has promoted economic integration by building regional consensus regarding controversial issues, such as the definition of halal food, and discuss the role of other international instruments in building regional consensus – the “ASEAN” way. Qualitative methodology was used by integrating a historical, doctrinal, and comparative approach. The first analysis was on the process leading to adopting ASEAN halal food guidelines, which constitute the most concrete output of regional efforts to bring domestic standards closer. The following procedures were to compare and contrast these instruments substantively to identify the areas where new consensus has been found and those where disagreements persist. Finally, the research examined the potential influence of the guidelines adopted by the Codex Alimentarius Commission, the Organization of Islamic Cooperation, and MABIMS in drafting ASEAN instruments. The research concludes that despite of lengthy and difficult road to gaining consensus through the ASEAN way mechanism, member states have successfully agreed on some elements of halal standards. However, the guidelines require member states’ legislation to achieve full harmonization in addition to ASEAN soft law. Moreover, international initiatives have impacted ASEAN’s halal standards in important ways. Some issues regarding harmonization remain, such as mutual recognition and labelling, and require further investigation.

International trade and investment dispute settlement in the Asia-Pacific region: inspiring the new Asian regionalism

ABSTRACT The economic integration taking place among the Asia-Pacific countries is unique and transformative. The new Asian regionalism represents the collective power of the Asia-Pacific countries with ASEAN at its centre and a regime underpinned by hard law fostered by comprehensive trade and investment agreements. While ASEAN countries are committed to the ASEAN way of dispute settlement, the participation of the Asia-Pacific region in mega-regionals, such as the Regional Comprehensive Economic Partnership (RCEP) and the Comprehensive and Progressive Economic Partnership, has resulted in certain unique features with consultation, negotiation, and mediation forming an essential feature of dispute settlement within the Asia-Pacific region. While law is integral to the Asian regionalism, soft approaches including negotiation, conciliation, and mediation makes it distinctive, effective, and cohesive. This article examines how these evolving features of dispute settlement in trade and investment contribute to the Third Regionalism or the New Regional Economic Order.

A New Lighthouse on the Horizon: The Emergence of ASEAN-China Comprehensive Strategic Partnership

Recently, China has made a comprehensive strategic partnership (CSP) with ASEAN that would open up more opportunities for the two parties. However, some view it as another success on China’s part as it now has gained influence over ASEAN. But such a view that downplays ASEAN into a mere instrument for China’s plan in the region would not provide a proper view. Through the use of qualitative research methods over data gathered through the internet and documents, the article seeks to shed light over the forthcoming points. First, the article lays out the things that the CSP brings both for ASEAN-China relations and ASEAN’s standing in the Indo-Pacific. Here, the partnership paves the way for stronger ties between ASEAN and China, not to mention the impact it has towards ASEAN’s growing centrality. The article then proceeds with the challenges that may arise following the emergence of the partnership. On this matter, the inconsistent cohesion within ASEAN along with the ongoing competition for influence in the region can be viewed as some of the challenges. After that, a discussion over the many opportunities for enhancement is also presented. Here, the partnership would allow ASEAN to maintain its growing centrality in its many channels, one of which is its ASEAN way that guides the interactions and norm settings in the region. With all that laid out, it can be understood that the creation of the partnership does not make ASEAN lose its luster, rather it accentuates its centrality in the Indo-Pacific.

Adaptability of ASEAN states’ political security concept in the post-Cold War under a theory of social evolution analysis

This study attempts to explain the changes in the adaptation of ASEAN states to security norms since the Cold War. This study focuses on qualitative research methods, mainly “process tracking” and “historical comparison.” After the end of the Cold War, the ASEAN states did not immediately adopt the ASEAN framework for security cooperation, but still followed a certain degree of survival instinct. With the strengthening of ASEAN’s normative power, the situation of security cooperation between Southeast Asia and other major states in the region has begun to be dominated by ASEAN. This change has not only led to changes in the security habits of ASEAN states but also prompted ASEAN states to gradually adapt to the security norms based on the ASEAN framework. The changes in the adaptability of ASEAN states to security norms illustrate the fact that ASEAN norms (ASEAN Way) are spread from another perspective, and also show the reasons why ASEAN can advance toward a security community. On the whole, the development of security norms of ASEAN states after the Cold War shows a direction of social evolution, and it is a kind of convergent evolution. With the influence of the external environment, ASEAN states “choose” ASEAN norms (ASEAN Way) to obtain security, and the ASEAN Security Community finally becomes a form of “inheritance”.

The Effectiveness ASEAN Political Security Community (APSC in The Implementation of ASEAN Convention on Counter Terrorism (ACCT) to Combat Terrorism in Southeast Asia

This research aims to explain the effectiveness of the ASEAN Political-Security Community (APSC) in implementing the ASEAN Convention on Counter-Terrorism (ACCT) to combat terrorism in Southeast Asia. Using qualitative research methods and data collection techniques, literature studies through various scientific works to understand and study the phenomena that will be discussed in this journal. Researchers see the potential and strength possessed by APSC in implementing ACCT in Southeast Asia. However, the existence of the ASEAN Way will complicate the implementation of the ACCT itself. Coupled with evidence on acts of terrorism in the Philippines, ACCT under the auspices of the APSC has not been able to stop the issues. The researcher also examines how each terrorist group ends, presenting that terrorist groups end up using regulation from the country itself through the domestic police, without regulatory interference from international organizations. In conclusion, the APSC has played a crucial role in enhancing regional cooperation and coordination to combat terrorism in Southeast Asia. The establishment of the ACTC and the adoption of common strategies and policies have been significant achievements in the implementation of the ACCT. However, more needs to be done to address the challenges and ensure consistent and effective enforcement of counter-terrorism laws across ASEAN member states.

Creating an Economic Recovery After COVID-19: Does Regional Comprehensive Economic Partnership (RCEP) is a Booster on Asian Pacific Region?

The Regional Comprehensive Economic Partnership (RCEP) aims to harmonise rules and regulations across many overlapping free trade agreements in the region in order to attract new members. It’s aims to strengthen Asean's relations with Australia, China, Japan, and New Zealand and made trade agreement's goal to create a contemporary, comprehensive, high-quality, and mutually advantageous economic cooperation that will help expand regional trade and investment while also contributing to the region's global economic growth and development. It does, however, confront a number of obstacles. Many people believe that the RCEP will be another low-quality regional trade agreement due to the inclusion of a flexibility concept and the 'ASEAN Way' of decision-making. The RCEP, on the other hand, gives all ASEAN members the opportunity to help establish the agenda for a regional agreement. As a result, despite its difficulties, ASEAN must make an effort to achieve an attractive RCEP in comparison to other regional agreements.

EXTRATERRITORIALITY PRINCIPLE IN INVESTMENT DISPUTE SETTLEMENT UNDER ASEAN ENHANCED DISPUTE SETTLEMENT MECHANISM

Trade and Investment are among the ways that are often used by modern countries today to become one of the main sources of state income. Indonesia as a destination country for trade and investment also has an important role in economic growth both domestically and in the ASEAN region. Indonesia is also one of the initiators of the Free Trade Area (FTA). In the spirit of realizing ASEAN as a trade and investment friendly zone, ASEAN launched a method called the ASEAN Protocol on Enhanced Dispute Settlement Mechanism (EDSM). This customized mechanism is in accordance with the spirit of ASEAN, namely The ASEAN way. Accordingly, the author took the initiative to conduct research related to the extraterritorial principle of the mechanism of Non-ASEAN countries that are geographically proximate to the ASEAN region. This research is entitled "Extraterritorial Principles of ASEAN PROTOCOL ON ENHANCED DISPUTE SETTLEMENT MECHANISM (EDSM) in the Settlement of Trade and Investment Disputes". In this research, there is a formulation of problems that will be discussed, namely related to the application of the extraterritorial principle of the EDSM mechanism, the enforcement of EDSM rules against Non-ASEAN countries, and its implications for Indonesia. This is conducted, in an effort to make ASEAN an axis of investment destination countries that also have positive and dynamic regulations. Hence In the event of trade and investment disputes, the parties involved would not need to go to ICSID or the WTO, as ASEAN has provided solutions to resolve such disputes.

Beyond Non-Interference: The Improved ASEAN Humanitarian-assistance Mechanism to Respond to the Myanmar Crisis

Since the occurrence of the Myanmar military coup in February 2021, the non-interference principle of the ASEAN Way shows the institutional limitations in dealing with the Myanmar crisis effectively. Simultaneously, some ASEAN scholars suggest that ASEAN may need to improve the regional human-rights mechanism to resolve the crisis by practicing Responsibility to Protect (R2P). Nevertheless, the Myanmar crisis is being trapped in an anarchic political environment, different attitudes of ASEAN and Myanmar toward the crisis not only expanded the conflicts between non-interference and R2P, and resulted in the lack of a synergistic mechanism to cope with this crisis. To solve practical problems, meet the needs of the Myanmar people for humanitarian assistance and alleviate the ripple effects originating from the Myanmar crisis in neighboring countries, this article adopts constructivism of international relations (IR) and the theory of functional synergism to analyze the different attitudes to non-interference and R2P among the region, as well as proposes a strategy of constructing a new synergistic humanitarian-assistance mechanism that beyond the limitations of non-interference to dealing with the Myanmar crisis.

PELUANG DAN TANTANGAN KEPEMIMPINAN INDONESIA DALAM BIDANG POLITIK-KEAMANAN DI ASEAN PADA KRISIS POLITIK MYANMAR TAHUN 2021

Indonesia has credibility in carrying out its leadership role in the political-security sector in ASEAN. The political crisis that occurred in Myanmar due to a military coup in early 2021 raised concerns that it would have an impact on regional stability and ASEAN solidity. This reality makes researchers question what are the hopes and challenges of Indonesia in carrying out political-security leadership in ASEAN in the political crisis in Myanmar? This research was conducted with a qualitative design using secondary data from various literatures. This study finds that in responding to the crisis that occurred in Myanmar, Indonesia is faced with hopes for ideas and efforts that are always in helping to find solutions as part of the implementation of leadership in the security-politics field that comes from free-active foreign policy, transition experience democracy and capabilities. democracy. But on the other hand, Indonesia must also be faced with challenges that must be faced in the capacity to carry out political-security leadership originating from the ASEAN Way, rejection of the people of Myanmar and the inconsistency of human rights issues as well as the consolidation of domestic politics in responding to the crisis. Therefore, Indonesia still has to engage in constructive engagement through strengthening its democracy and human rights agenda and prioritizing non-megaphone diplomacy as part of efforts to help Myanmar out from the political crisis.