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
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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